Lawyers Dong Xiaohua and Wang Yu successfully defended a contract fraud case involving billions of yuan and were dismissed by the public security organs
Recently, senior partner Dong Xiaohua and partner Wang Yu of Gaopeng Law Firm represented a case of contract fraud involving billions of yuan. After 12 months of unremitting efforts, the public security organs finally made the decision to withdraw the case on the grounds of no criminal facts, successfully avoiding the imprisonment of the parties involved.
In October 2023, a certain technology limited company reported to the public security organs that it had been defrauded by a contract, and the public security organs filed an investigation. I have been entrusted by the actual controller of a reported company to provide legal services.
The contract fraud case was triggered by a technology limited company's acquisition of a certain company. During the execution of the acquisition transaction, there was a dispute between the two parties regarding the unlocking of shares and the payment of share consideration, which led to a confrontation with Bo Gongtang. During the arbitration process, there was a dispute between the two parties regarding the valuation method of the target company's equity. A certain technology limited company believed that the target company fabricated its operating income during the valuation period, which led to it paying a high equity consideration. The dispute escalated and the case was transferred from civilian to criminal.
In this criminal case, the parties involved are suspected of contract fraud amounting to nearly 700 million yuan, which belongs to a particularly large legal category. If ultimately convicted, the parties will face imprisonment for more than ten years. After accepting the commission, lawyers Dong Xiaohua and Wang Yu immediately began their agency work, communicating with the parties and company representatives multiple times through online and offline means to gain a deeper understanding of the case; Collect materials, sort out favorable evidence from nearly a hundred scattered materials, and form an evidence catalog; Participate in the trial of arbitration cases related to this case; Based on the background of the negotiation and signing of the "Letter of Intent for Acquisition" and "Framework Agreement for Acquisition" by both parties, interpret the original intention of the agreement. After analysis and judgment, the two lawyers believe that considering the valuation method of the target company's equity valuation, the signing and performance of transaction documents, and the true financial situation of the company during the valuation reference period, this case does not constitute the crime of contract fraud and belongs to a typical economic contract dispute, which should be resolved through civil means. During this period, lawyers Dong Xiaohua and Wang Yu accompanied the parties to the public security organs multiple times to cooperate with the investigation work. They communicated with the handling police officers multiple times and submitted detailed legal opinions, multiple supplementary opinions, and evidence materials.
After more than a year of extensive work by the agent and detailed investigation by the investigating authorities, it was finally determined that this case did not constitute a crime. The public security organs have recently made a decision to withdraw the case, and the agency service has achieved satisfactory results for the client.
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