If you are cheated when buying USDT virtual currency, the lawyer will teach you how to report to the police

Always trust the police

Since ancient times, true love cannot be retained, only routines can win people's hearts.

Although this is a joke, sometimes the truth is often said in an unintentional joke. In the cryptocurrency circle, the routines are naturally more numerous. For example, the most representative OTC transaction, the risks are everywhere in my eyes as 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 a real person; or if you accidentally receive black U or black money, it will be even more troublesome, and your bank card will be frozen, which not only makes the U transaction not go well, but also affects your life.

And now the country's attitude towards virtual currency is tending to be strict. According to incomplete statistics, the central bank has taken the lead in issuing four regulatory policy documents on virtual currency. Each document is a big shock to the currency circle. Since the attitude of the highest level towards virtual currency is like this, the civil judgments of the courts on civil judgments related to virtual currency are also somewhat similar. As for how the courts judge civil cases, you can read the article "Can I get my money back if I entrust others to invest in virtual currency and lose money?" written by our law firm's lawyer Hong Lin. This time we mainly talk about criminal matters.

Before I talk about the serious business, please allow me to complain first. As everyone knows, our Mankiw is "probably" the first law firm in China that focuses on blockchain. After the name was spread, many people who were deceived and stolen in the ocean of the cryptocurrency circle came to consult us on what to do. But in the process of talking with clients, I found that some people don't believe in the law at all. They blurt out words like "the police and the criminals are one family" and "they don't do anything at all". In fact, what I want to say is that since you come to consult a lawyer, you must still believe that the law can give you justice, otherwise you can't 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 in the cryptocurrency circle for so long and have seen so many things. If you are really smart and can understand everything, how can you still be deceived?

There are some considerations when it comes to reporting an incident

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

The first reaction is to call the police. However, many customers we have contacted said that the police would not care about the case because virtual currency is not protected by the state, so they would not file a case. Then when this question comes up, we will definitely ask the customer: did you report it verbally or in writing? 100% of the customers said they reported it verbally.

Did you see that? I have found the root cause of why the police do not accept the case. Let me analyze it for you in detail.

Logically speaking, if you report a case to a police station or public security bureau, the police will issue a receipt and a notice of acceptance. But why is it that you don't have any? Because you didn't leave any trace of reporting the case. So how can you leave traces of reporting the case? Write a report and organize evidence materials.

If you don't know how to write a report, come to me, a lawyer. With a report, you can confidently ask the public security agency for a report receipt and acceptance notice. Generally speaking, as long as the police issue the above two legal documents, they will follow the procedures to file a case, investigate the case, arrest the suspect, and other procedures. For those of us who have been deceived, even if we don't get compensation from the suspect in the end, at least he is in jail, which can be regarded as a little comfort to our hearts.

The above is a way to force the police to issue legal documents to us and accept the case by leaving traces through written reports. If the police accept the report from the parties as mentioned above, whether it is an oral or written report, the police have issued us the corresponding legal documents, but after a period of time, we received a notice from the police that they will not file a case. In other words, the police gave you a formal legal document through formal means, formally telling you that we will not care about your case. The police are so formal, what should we do? We can't act like a hooligan with the police and say, "I won't leave if you don't file a case." That will easily lead to trouble.

What to do if the police do not file a case

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

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

• If the accuser is dissatisfied with the decision not to initiate a case, he or she may apply for reconsideration to the public security organ that made the decision within seven days after receiving the notice of non-initiative; the public security organ shall make a decision within thirty days after receiving the application for reconsideration and deliver the decision to the accuser.

  
  

• If the accuser is dissatisfied with the reconsideration decision not to file a case, he or she may apply to the next higher public security organ for a review within seven days after receiving the reconsideration decision; the next higher public security organ shall make a decision within 30 days after receiving the review application. If the next higher public security organ revokes the decision not to file a case, the lower public security organ shall execute it.

  
  

After reading the legal provisions, you know the difference between reconsideration and review, right? But here I want to say that generally when the public security organs make a decision not to file a case, the legal department of the public security organs will be involved, and our reconsideration application is also reviewed by the legal department, so we should know what the results of most reconsiderations will be. Therefore, if we go through the reconsideration and review procedures, we can only hope that there will be some changes when the higher-level public security organs conduct a review.

However, according to my professional experience, it is really difficult to expect the public security organs to change this result. Therefore, in general, I will skip the statutory procedures of applying for reconsideration and review for my clients and go directly to the procuratorate to apply for case filing supervision, because after all, the prosecutors of the procuratorate are people who have passed the judicial examination and have a higher understanding of the law than ordinary police officers. In addition, the police may be busier, so it is quite difficult to contact the police officer in charge. However, it is much more convenient to contact the prosecutor than to contact the police officer. The prosecutor will have more time to listen to the opinions of the parties and lawyers. If our application is well-founded and complies with the legal provisions, the procuratorate will make a request for the public security organs to make a new decision.

After we report the case to the police, whether we apply for a review or apply for the procuratorate to supervise the case filing, these are all remedial measures after the public security organ makes a decision not to file a case. If you want to achieve a good case filing result, the best way is to do enough homework in advance, write a good report, fully explain the factual reasons and legal reasons why the public security organ should file a case for us, and then organize the existing evidence materials on hand, so that the police can have a direct and full understanding of our case at the first time when receiving the report.

Attorney Mankiw's Summary

So, after being cheated when buying U, if we report to the police but the police don't care, let us look for the reasons from ourselves. Is it that we did not do enough preparation before reporting the case, so that the police can easily find a reason to reject our report, instead of simply drawing a crude conclusion that "police and criminals are one family" after the police refuse to accept the report?