Plan ahead
In early 2018, Lawyer Zheng Dapeng's team realized that a company was suspected of illegally absorbing public deposits, involving more than 10,000 investors and hundreds of million yuan, after the team accepted a consultation request from the company’s executive Fu (given name disguised). The lawyers immediately suggested the company to entrust a lawyer in advance and proceeded the full authorization procedure.
Soon, the public security organ filed a case for investigation against the company and related executives on suspicion of illegally absorbing public deposits.
Full guidance
After the case was filed by the public security organ, the lawyer team immediately guided Fu to actively cooperate with the public security personnel to help solve the case and reduce damage.
During the investigation stage of the case in nearly a year, Fu followed the lawyers’ advice throughout the process, and took several roles concurrently to recover the receivables of the company involved. Especially since the company’s network system was suspended due to arrears, he had sent out thousands of dunning text messages, dialed hundreds of dunning calls, completed accounting and registration of a large number of reports and accounts receivables, cooperated with the public security organ to update the recovery progress of receivables, and successfully collected millions yuan, partly recouping loss of fund-raising participants.
Active communication
Once the case was under prosecution review by the procuratorate, the lawyer team examined the files immediately, recorded the file review, clarified details of the case, and refined views of defense, all being developed into a legal opinion and submitted to the prosecutor. At the same time, the team communicated relevant evidence and facts with the prosecutors timely, adequately and effectively responding to the progress of the case, taking every steady step to lay the foundation brick by brick for misdemeanor defense.
In the end, the procuratorate started the procedure of guilty and penalty pleading for Fu’s case, and provided a sentencing suggestion of "a fixed-term imprisonment of no less than one year and no more than two years and a fine, allowing probation".
Sentenced misdemeanor probation
Before court hearing, the lawyer team communicated with Fu many times to explain the basic process of court hearing and reminded him about concerns at court hearing.
During the trial, under the general framework of pleading guilty and penalty, and based on the new judicial regulations, the trial lawyer explained arguments in a comprehensive manner that Fu’s participation in illegally absorbing public deposits was subjectively less malicious, actually causing limited objective harm and personal danger, with circumstances for leniency, reduction and sentencing, and implored the court to give Fu, who sincerely pleaded guilty and repented, a chance to rehabilitate and sentence him to probation according to law.
Recently, the court finally adopted the defense opinion of the defender on leniency and mitigating punishment. As the 3rd defendant, Fu was sentenced to one year and four months in imprisonment (less than the 4th) with a probation of one year and four months and a fine of 40,000 yuan in the first instance.
The reason why Fu can avoid jail attributed to his and his family's full trust in and active cooperation with the lawyers.