If you were cheated when buying USDT virtual currency, a lawyer will teach you how to call the police

Author of this article: Wei Fuhai—senior lawyer at Shanghai Mankiw Law Firm

01 Always trust the people’s police

Since ancient times, true feelings cant be kept, only routines can win peoples hearts.

Although this is a joke, sometimes the truth is often said in a casual joke. Putting it in the currency circle, the routine is naturally more and more. For example, the most representative OTC transaction, the risks in it are everywhere in the eyes of a practicing lawyer. There is no record of the transaction, and the evidence cannot be saved; we don’t know who the counterparty is, and if there is a problem, we can’t even find the real person; or if we accidentally receive a black U or black money, it will be even more troublesome. His bank card was frozen, which not only failed to complete Us transaction, but also affected his own life.

And now the countrys attitude toward virtual currencies is becoming more stringent. According to incomplete statistics, the central bank has taken the lead in issuing four regulatory policy documents on virtual currencies. Each document is a new one for the currency circle. No small shock. Since the attitude towards virtual currencies at the highest level is this, there is also some convergence in the civil judgments of the courts related to virtual currencies. As for how the court rules in civil cases, you can read the article If I entrust others to invest in virtual currency and lose money, can I get the money back?》This article is about research. We are mainly talking about criminal matters this time.

Before I get down to business, allow me to rant first. As everyone knows, our Mankiw is probably Chinas first law firm focusing on blockchain. After the name was announced, there were many people who were deceived and stolen while wandering in the ocean of the currency circle. Ask us what we should do. But in the process of chatting with clients, I found that some people didnt believe in the law at all. Words like cops and robbers just got married and they stopped doing anything, etc., just blurted out from their mouths. In fact, what I want to say is that since you have come to consult a lawyer, you must still believe that the law can give you justice, otherwise you cannot think of consulting a lawyer. When the lawyer gives you legal advice and how to deal with it, don’t treat the lawyer with the attitude that you have been wandering in the currency circle for so long and have seen so many things. If you are really smart, you can understand everything. How can you still be cheated?

02 Pay attention to the alarm method

Back to the topic, what should we do if we are cheated when buying U?

The first reaction is definitely to call the police. However, many of the customers we have contacted said that they would not file a case if they reported it to the police because virtual currencies are not protected by the state. When this problem arises, we will definitely ask the customer: Did you report the crime orally or in writing? One hundred percent of clients reported the crime verbally.

Have you seen? Now that we have found the root cause of the polices refusal to accept the case, let me analyze it carefully for you.

Logically speaking, as long as you go to the police station to report a crime, the police will issue a report receipt and a notice of acceptance. But why are they not there when it comes to you? Because you have left no trace of reporting the crime. So how can we leave traces of reporting a crime? Write a report and organize evidence materials.

If you don’t know how to write a report, you need to find a lawyer. Once you have the report, you can confidently and straightly ask for the receipt of the report and the notice of acceptance from the public security organ. Under normal circumstances, as long as the police issue the above two legal documents, they will follow the procedures to conduct a series of procedures such as case filing, investigation, and suspect arrest. For those of us who have been deceived, even if we don’t get a refund from the suspect in the end, at least we let him in and stay, which can be regarded as a small solace to our souls.

The above is a way to force the police to issue legal documents to us and accept the case by making a written report and leaving traces. If the police accepted the clients report as mentioned above, whether it was an oral or written report, the police would issue us corresponding legal documents. However, after a period of time, we received a notice from the police not to register the case. In other words, the police gave you a formal legal document through formal means and formally told you that we don’t care about your case. Then the police are so formal, what should we do? We cant act like a gangster with the police. If you dont file a case, I wont leave. Its easy to cause quarrels and cause trouble.

03 What to do if the police do not file a case

Don’t be afraid, the law also leaves us with formal remedies. We can apply to the public security organs for reconsideration and review, or we can apply to the procuratorate for case filing and supervision.

First of all, we must remember that whether we are applying for reconsideration, review or case filing supervision, we must apply in writing. Some readers may ask, why is it called both reconsideration and review when the same application is submitted to the public security organ? Then we should look at what the law stipulates. Article 179 of the Procedural Regulations for the Handling of Criminal Cases by Public Security Organs stipulates:

• If the accuser is dissatisfied with the decision not to file a case, he may apply for reconsideration to the public security organ that made the decision within seven days after receiving the notice of not filing the case; the public security organ shall make a decision within thirty days after receiving the reconsideration application and make the decision The letter was served on the accuser.

• If the accuser is dissatisfied with the reconsideration decision not to file the case, he may apply to the higher-level public security agency for review within seven days after receiving the reconsideration decision; the higher-level public security agency shall make a decision within thirty days after receiving the review application. If the higher-level public security organ revokes the decision not to file a case, the lower-level public security organ shall implement it.

After reading the legal provisions, do you know the difference between reconsideration and review? But here I want to say that when the public security organ makes a decision not to file a case, the legal department of the public security organ will be involved, and our reconsideration application is also reviewed by the legal department, so we should know most of the reconsideration results. What will be the result? Therefore, if we conduct a reconsideration and review process, we can only hope that there will be changes when the higher-level public security agency conducts a review.

However, according to my professional experience, it is really difficult to expect the public security organs to change this result. Therefore, under normal circumstances, I skip the legal procedures of applying for reconsideration and review for my clients and go directly to the procuratorate to apply for case filing and supervision, because after all, the prosecutors in the procuratorate are all people who have passed the judicial examination and have a better understanding of the law than ordinary people. The number of police officers is higher, and the police may be busier. It is quite difficult to contact the handling police officer, but it is much more convenient to contact the prosecutor than the police officer. The prosecutor will have more time to listen to the opinions of the parties and lawyers. , if our application has sufficient grounds and complies with legal provisions, the procuratorial organ will request the public security organ to make a new decision.

After we call the police, whether we apply for reconsideration or the procuratorates case filing and supervision, these are remedial measures after the public security organ makes a decision not to file the case. If we want to pursue a good case filing result, the best way is to do enough homework in advance, write a good report, fully explain the factual and legal reasons that the public security organs should give us to file the case, and then sort out the evidence materials we have on hand. This allows the police to have a first-hand understanding of our case when receiving a report.

04 Summary of Lawyer Mankiw

Therefore, after being defrauded when buying U, the police did not care. Let us look for the reason more from ourselves. Is it because we did not prepare well before reporting the crime, so that the police could easily find a reason to push our report away? , instead of simply coming to the crude conclusion that cops and criminals are all members of the same family after the police did not accept the report.

Special statement:

This article is an original article of Shanghai Mankiw Law Firm, which only represents the authors personal opinion and does not constitute legal consultation or legal opinion on specific matters. If you need to reprint the article, please contact Mankun Law Firm staff: MankunLawFirm