Long An Crimina Defense lawyers represented clients in a major financial criminal proceedings

Recently, the First Intermediate People’s Court of Shanghai tried 12 natural persons, including Shanghai Shentong Investment Co., Ltd. (hereinafter referred to as “Shentong Company”), Shanghai Shentong Great Asset Management Co., Ltd. (hereinafter referred to as “Datong Company”), Ma Doe, Shan Doe, etc., and two units to illegally absorb public deposits and fund-raising fraud. As defense team for Ma Doe, Chairman of the First Defendant Group of Natural Persons, Long An lawyer participated in the trial.

The procuratorial organ charged that in July 2013, the defendants Ma Doe and Zhang Doe contributed to the establishment of Shentong Company. In September of the same year, Ma Doe, the legal representative of Shentong Company, decided to use the form of recruiting limited partners to sell financial products. From October 2013 to August 2014, Shentong Company, under the name of investing in projects such as “Diyi Digital” and “Xinjiang City Construction”, promised 5% to 15% of its annual earnings and solicited more than 1200 investors to sign partnership agreements by means of telephone marketing and network publicity. Purchase nine kinds of financial products, illegally absorb public funds RMB 546 million.

During the period of guaranteed pending trial, Ma Doe renamed Shentong Company as Shentong Group. Through the establishment of more than 5,100 branches at all levels in 28 provinces (cities) of China, Shentong Dada has developed nearly 100,000 employees, established a “Shentong Department” sales network and continued to sell property management products. From September 2014 to December 2015, Shentong Group and Shentong Dada Company, in the name of investing in such projects as Shallow and Deep Leisure Hotels and CTC National College Student Employment Camp, promised 5% to 13% annual income and recruited more than 70,000 investors through the development of a large number of salesmen to sign partnership agreements, transfer agreements of creditors’ rights or use of Dadabao online financial management software. 27 kinds of financial products were purchased by this method, and the total amount of illegally absorbing public funds reached 13.874 billion yuan. Up to the incident, the principal of more than 60,000 investors had not been paid, totaling 6.46 billion yuan.

This case involves 345 investigative files, 34 audit reports and 1 witness list.

In the case that all other responsible persons of Shentong Company or Dada company are accused of illegal absorption of public deposits, Ma Doe, as the actual controller of Shentong Company and Dada company, is accused of fund-raising fraud (involving a total of 6.46 billion yuan). As the agent of Ma Doe, Li Rui and Yang Kun’s lawyer team combed the files and met Ma Doe many times. And constantly verify, after many studies and discussions, summed up the controversial focus of the case, and invite a number of Shanghai Academy of Social Sciences Law Research Institute, Shanghai Jiaotong University Kaiyuan Law School, East China University of Political Science and Law, Professor of Criminal Law, Ph.D. supervisor to convene expert demonstration meeting to express opinions on the above controversial focus, forming a legal opinion before the court and the court.

Long An legal team divides the trial procedure into four main parts: court investigation, evidence cross-examination, court debate and final statement. After many revisions and discussions, the team forms a final trial plan of hundreds of thousands of words. It also met Ma Doe several times a week before the trial and communicates with Ma Doe before the trial according to the trial plan. Due to the efforts of all parties, the original two-day trial ended in one day.

Long An (Shanghai) provides professional legal services for this case. Team lawyers include Yang Kun, Li Rui, Wang Haibin and assistant Zheng Dan.

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