转U被骗：价值4000万的USDT如何追回？

Two days ago, I received a friend's advice that I would transfer about RMB 10,000 to a business, but the other party didn't transfer the money. At present, I have lost contact and asked me what to do. In fact, this kind of situation is a very common high-incidence type among the cases that the author has come into contact with, so I want to make a centralized answer to the basic case here. Because the amount of money involved is relatively large, Mr. Wang always asks his friend Xiao Zhao to find a reliable business and Xiao Zhao to find his regular cooperation. After Shang Xiaoxiao gave Xiao Zhao the money transfer address, Mr. Wang's money transfer chain is as follows. Note: In order to protect the privacy of customers, the case information has been desensitized. This article is purely a theoretical discussion. Mr. Wang himself, Xiao Zhao, collects and pays for the small business. In recent years, Xiao Zhao has been trading tens of millions of funds with the small cooperation parties, so the two sides have a strong trust relationship as netizens who have never met for many years. After this time, Mr. Wang found Xiao Zhao, Xiao Zhao also said that he would transfer the received Mr. Wang's money to the address provided by Xiao Xiao. I can't sit still and ask Xiao what's going on. I didn't remit RMB to my account after deducting your handling fee as before. My money owner is waiting here. Xiao went to ask his middleman and asked his middleman that he had transferred the money to the exchange, but his account was closed. He was trying to get money, but he had to give him at least half a year and collect a handling fee. Two weeks passed, and one month passed. The case involved was like a stone sinking into the sea, and there was no news. Xiao Jing, Wang Zong and Xiao Zhao Lun had a very unpleasant communication and negotiation, and it was lost. Mr. Wang couldn't sit still. What should Mr. Wang do? After contacting me last weekend night, Mr. Wang asked me what to do now. Through Mr. Wang's account and reading the communication records of the parties, I clarified the above basic facts. Although Mr. Wang was in a hurry, I still asked him not to worry so much. From the customer's point of view, he wanted to know how to clean up these guys who ran away with money. This is normal, but from the perspective of a professional criminal lawyer who has been working for many years, I am more concerned about where the customer's money comes from. This is the premise of all the problems to be solved afterwards. The main reason is that it is necessary to judge whether the client himself is involved in the crime first. After all, the author has handled many cases in which defenders have managed to get themselves into it. Once again, I declare that it has nothing to do with me. I didn't know why the parties went in until I met in the detention center after accepting the entrustment, but it is true that in some cases, the identity of the victim and the criminal suspect can be switched very subtly and freely. It's a long story. Let's go back. To get back to the point, because both Wang Zong and Xiao Zhao have lived overseas for a long time, I have been worried about whether the customer's source is legal or not when describing this matter. Please refer to the author's previous article to sort out the possible suspected charges of providing an account to help people transfer money. How to do a good job in criminal defense? The second is the crime of illegal business involving criminal risks. However, after inquiry, I learned that these are all made by digital currency quantitative trading. And it is normal for Mr. Wang to transfer it to Xiao Zhao and Xiao Zhao to Xiao Xiao. Therefore, it is preliminarily judged that the source involved is clean and there is only one-way over-the-counter transaction with RMB, which does not involve buying and selling foreign exchange in disguised form. Therefore, the criminal risk of Mr. Wang can rule out how to defend his rights. Who is the subject who takes responsibility in the first step? All the information obtained by Mr. Wang and Xiao Zhao is obtained through small communication. Whether there is an unknown currency transfer address at present is also small. As an acceptor, the handling fee charged is related to the interests of this case, so the current loss is small. The behavior conforms to the characteristics of fictional facts or concealing the truth to defraud other people's property in criminal law. If it exists and the two people refuse to pay the money without justifiable reasons, it constitutes a joint crime of fraud. The second step is how to defend their rights. Civil prosecution of criminal charges against Mr. Wang and Xiao Zhao does not want to make things too big, mainly because the amount of funds is too large, and they are worried about whether they can take civil measures to defend their rights and investigate the responsibility of small unjust enrichment. In fact, it is difficult to be improper according to the law. Profit means that the actor has no legal basis to obtain improper benefits, so in practice, even if the two sides have not signed the relevant contract, as long as the court finds out that there is a certain reason and background for the transaction between the two sides, the plaintiff's claim will be rejected. In other words, unless it is a wrong transfer for no reason, it is in line with the unjust enrichment in the legal concept. In this case, Xiao Zhao and Xiao Ji have cooperated many times, and every time Xiao Zhao transfers money, it is remitted to the address involved in the case provided by Xiao Zhao. In order to obtain legal tender, Xiao Zhao is involved in the transaction between the two sides, in order to obtain The transaction between the two parties is not without any basis in Article 985 of the Civil Code of People's Republic of China (PRC). The beneficiary has no legal basis to obtain improper benefits, and the loss-stricken person can ask the beneficiary to return the benefits obtained. Step 3: How to choose the jurisdiction of the case, so this case can only take the form of criminal prosecution. Then the next question is where to sue the rights protection. According to the customer's description, it is small in China and according to the short story, it is also in China, but the content is all from the short story. Therefore, the authenticity is unknown. According to the laws of our country, considering the clues that customers can provide at present, it is most convenient for public security organs to report crimes. Amendment to the procedural provisions of criminal cases Article 15 Criminal cases shall be under the jurisdiction of public security organs in the place where criminal suspects live. If it is more appropriate to be under the jurisdiction of public security organs in the place where criminal suspects live, they may be under the jurisdiction of public security organs in the place where criminal suspects live. Analysis of Mr. Wang finally has a general idea in his mind, but there is still a long way to go after the long road of safeguarding rights. Criminal lawyers suggest that OTC transactions are simple and fast, but the rate is low, but the risk of opaque transactions is extremely high. In the current policy background, there is a risk that such transactions will be deemed invalid in judicial practice, but it is still recommended to sign a contract with the counterparty to retain the identity information of the other party, so as to protect rights in the future. 比特币今日价格行情网_okx交易所app_永续合约_比特币怎么买卖交易_虚拟币交易所平台

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