part one
Facts of the case
Ms. N is a foreign trade practitioner of a company, and her main job is to be responsible for docking foreign customers and engaging in cross-border work of decoration materials. In March 2021, Ms. N reached a cooperation intention after negotiation with a customer from Morocco, signed a purchase contract, and went through the customs declaration and exit procedures. After passing the customs inspection, Ms. N's company entrusted a shipping company to transport the goods to the Moroccan port designated by the customer to complete the docking. In May of the same year, after the transportation of the goods was completed, the Moroccan customer paid part of the payment (settled in US dollars) through the corporate account, and then the customer requested to transfer the corresponding RMB to Ms. N's personal bank card on the grounds of insufficient foreign exchange. As a result, three days after Ms. N received the same amount of RMB, she immediately found that the bank card account could not be used normally, and later learned from the opening bank that the account had been frozen by the public security organs in Guangdong and Guangdong.
After Ms. N's account was frozen, she took the initiative to contact the police officer and submitted the relevant foreign trade orders, and the public security organs in one place carefully reviewed the relevant materials and unfroze them after Ms. N withdrew the relevant amounts involved in the case, while the public security organs in the other place always refused to deal with them.
part tw0
Successful thawing process
Subsequently, Ms. N contacted Liu Lei's lawyer team through a relative's introduction, and after initial communication, she believed that our team had rich practical experience in dealing with thawing, so she quickly chose to entrust our team to handle the thawing matters. At this time, the bank card has been frozen for the second time, and the time is urgent. We immediately asked Ms. N to prepare the evidence materials for customs clearance, consignment, and related ** orders at that time.
After collecting the evidence, the team's lawyers immediately began to write a legal opinion requesting unfreezing, and contacted the police officer as soon as possible to put forward their willingness to communicate in person. After coordinating the epidemic prevention measures, the lawyer set off to communicateIt was stated to the police officer that the reason why Ms. N received the money involved in the case was the transfer of the balance of the normal foreign trade order, and that Ms. N did not have any knowledge that the funds were involved in the case, that the funds were obtained legally, and that there were no illegal or criminal issues. After a morning of communication at the scene, although the police officer in charge recognized the authenticity of the foreign trade order, he still asked Ms. N to come to the scene to be questioned, make a record, and report it for approval after making the return of funds.
The lawyer of the team immediately struck while the iron was hot, communicated with the comrades of the legal detachment of the bureau, and explained to them the particularity of the case. The comrades in the legal system listened attentively to our opinions and said that they would ask the leaders for instructions on how to handle the situation. After continuous communication and urging, the police officer in charge informed us that the leadership agreed that no more records would be made, and that the case would be handled by deducting the funds involved in the card and unfreezing them with Ms. N's consent.
After the efforts of the team's lawyers, the public security organs soon lifted the freeze measures.
part three
Twists and turns after thawing
Ms. N's above-mentioned frozen bank card account opening bank account was opened at a branch of one of the four major banks in a district of Shanghai. After the judicial freezing measures of the two public security organs were lifted, the online banking could not be used, so Ms. N went to the opening bank to find out the specific situation.
After inquiry, the counter staff learned that the judicial freeze of the card had indeed been lifted, but it still showed "system freezing" and could not be used normally. Ms. N then requested to withdraw the balance of the card and cancel the card. On the grounds of the 96110 requirements of the Shanghai Anti-Fraud Center, the counter staff must scan the following *** to confirm the risk level before handling the above business.
After Ms. N scanned and entered her personal information, the counter staff received a reminder that Ms. N was an "Amber Code" person. In accordance with the requirements of the linkage mechanism established by the Anti-Telecommunications Network Fraud Law, the bank immediately notified the police station in the jurisdiction, and the police took Ms. N back to the police station for questioning. Although the police station in the jurisdiction made a preliminary inquiry and inquired with the anti-fraud platform to confirm that Ms. N's judicial freeze had been dealt with, and immediately informed Ms. N and the bank that they could handle the follow-up business on their own, Ms. N was still shocked into a cold sweat.
Since the amount in the card was still unusable, the lawyer of the team accompanied Ms. N and her family members to the opening bank again to communicate and deal with it. The counter staff said that they could not handle the situation, so the lawyer approached the vice president and the president of the bank for further communication. The president asked the police station in the jurisdiction how to deal with the situation on the spot, and the reply was that it was necessary to submit materials to the anti-fraud center of the district public security bureau for review. The team's lawyers immediately contacted the Anti-Fraud Center and submitted the relevant unfrozen materials. The reception staff of the Anti-Fraud Center said that they would upload relevant materials to the system, and only after the Criminal Investigation Corps of the Municipal Bureau and the Ministry of Public Security could they lift Ms. N's "yellow code". It was also revealed that relevant personnel had submitted an application for approval, but it had not been approved for three months.
After continuous communication and urging by the lawyers of our team, about a month after submitting the approval materials, it was found that the "Amber Code" had been lifted. The lawyer of the team immediately notified Ms. N and made an appointment to go to the opening bank again to deal with it. After repeated inquiries, the counter staff of the opening bank confirmed that the "Yellow Code" had indeed been lifted, but the bank system still prompted that "the system is frozen" and could not withdraw cash. The team lawyer called the CBIRC on the spot to complain**, and the counter staff immediately contacted the leader on duty to give a solution. Ms. N needs to cooperate with the opening bank to prepare a series of appeal materials on the spot and upload them to the banking system. About two and a half hours later, Ms. N finally got back the money that should have been her own.
Lawyer Profile
Mr. Liu Lei is a senior partner of Yingke Law Firm, deputy director of the competition and regulatory legal affairs department, and head of the "Digital Economy and Fintech Team", with a master's degree in law. He is also a part-time researcher at the Collaborative Innovation Center for Artificial Intelligence Social Governance at Tongji University, a researcher at the Institute of Artificial Intelligence Rule of Law at Gansu University of Political Science and Law, a member of the GLG Group expert database, a legal advisor to Asia Digital Bank and Asia Pacific Investment Bank, and has published books "Digital Currency and Law" and "Data Compliance: Practice, Technology and Legal Decoding".
Focus on blockchain, virtual currency, NFT, Web30. Legal practice and theoretical research in the field of digital finance such as cross-border payment and data compliance, and handled more than 200 related cases. Published 3 academic papers: "Analysis of the Dilemma and Countermeasures of the Identification of Private "Digital Currency" Attributes in Judicial Practice", "On the Protection of Frozen Persons with Defects in Telecommunication Network Fraud", and "The Conflict and Balance between Investigation Power and Citizens' Rights - The Path of Protecting Citizens' Property Rights in the "Card Breaking Action"; He has published hundreds of professional articles in the "Rhythm Currency Circle", Golden Finance, Babbitt, and Toutiao. Regarding the legal issues of virtual currency and NFT, he has been interviewed by "China Intellectual Property News", "Daily Economic News", "Fangyuan", "Golden Finance" and other **. He has been invited to give lectures for "Artificial Intelligence Course for Doctoral Students of Hainan University", "Blockchain and Law Course for Master of Laws of University of Finance and Economics", "Training Course for Young Leading Talents of Gansu Lawyers Association", and "Talent Training Course for Foreign-related Legal Service Lawyers in Hainan Province". He has been awarded the honorary titles of "Top Ten Future Stars" by Yingke National Youth Working Committee and "Ten Youths in the New Decade" by Yingke (Shanghai). The Douyin account "Shanghai Liu Lei Lawyer" was set up to popularize legal knowledge in the field of blockchain and virtual currency for the public.