Dacheng attorneys defend client accused of embezzlement of bills of exchange
Zhai Jian and Ma Lang, criminal defence attorneys from Dacheng, have successfully defended a client accused of embezzlement of bills of exchange.
On 16 January, a person surnamed Ding was detained by the Public Security Bureau of Zhabei District, Shanghai, under an accusation of embezzling bills of exchange worth more than RMB1m (£97,500) of a Shanghai-based import-export company.
While Ding was in detention, he insisted that he had not embezzled the bills of exchange, but only followed an oral instruction of a man surnamed Wang, his brother-in-law, who was also legal representative and general manager of the import-export company, to cash in the bills and transfer the money to Ding’s own bank account. Ding also believed the fact that he himself was also a shareholder provided no motivation for him to commit embezzlement.
However, the public security bureau could not confirm his status as shareholder. In addition, his brother-in-law said he was too drunk on the day the accused embezzlement took place to recall anything. Ding came to a deadlock when his case was handed to the public prosecutor and he himself faced arrest. If he was found guilty, he would be sentenced to more than 10 years in prison.
After a few rounds of face-to-face interaction with Ding and consulting files of the import-export company at the local industry and commerce administration agency, the two Dacheng attorneys showed to the public prosecutor that Ding was indeed a shareholder and that Ding cashed in the bills of exchange and transferred the money to his own account for the purpose of loaning it at a high interest rate to produce profits for the company’s own sake. The attorneys also brought along witnesses.
The prosecutor, having examined relevant evidence, adopted the defence attorneys’ opinion and gave up the arrest.
Subsequently, the public security bureau dismissed the case and Ding was acquitted.
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