Lawyer Zhang Hongqiang's research on gambling crimes, prohibiting copying and plagiarism.
After being caught, many online gambling ** did not admit that the ** account there was their own, some were not convicted, and some were finally identified as the owner of the ** account for various reasons, and were finally convicted.
If you want to convict online gambling, you must first have evidence to prove that the suspect has an account, and there are subordinate members or players under the account.
When we handle ** online gambling cases, if we want to win innocence or the lightest punishment, we must master some professional experience about ** accounts. Since the online gambling circle is relatively closed, some legal people who have not dealt with this kind of case may not understand the doorway, here I will introduce in detail some professional knowledge and experience about ** account.
1. The importance of the account.
Different betting**, the content of the account information is different, generally including the name at the time of registration, the registered mobile phone number, QQ number, the bound bank card information, withdrawal records, offline betting information, etc.
Once some of the information in the account is linked to the suspect, the suspect may be identified as a gambler.
2. Three common ways to obtain account information.
The basic information of the account is stored in the server of the gambling **, and the server of the gaming ** is generally overseas, and it is difficult for the domestic ** to obtain the server data of the overseas **.
In the actual process of handling cases, there are three main ways and methods to obtain account information:
The first method: through remote inspection, using crawlers and other technical means, to remotely capture the information in the overseas server.
The second method: After the suspect is arrested, he confesses his ** account and password, ** case handling personnel, login account and password, conducts electronic data check on ** account information, and obtains ** account information in the form of screenshots.
The third method: the login records and login information of the ** account were found through the suspect's seized mobile phones, computers and other electronic devices.
3. Several circumstances to pay attention to when striving for innocence.
Gambling operators generally have a certain anti-reconnaissance capability, they will to a certain extent through technical means to make the evidence will not be so comprehensive and accurate, although the first may get a part of the data of the server through technical means, but these data will be encrypted, incomplete, and even changed after the wrong data, such as:
, data encryption.
Many gambling platforms will encrypt the data in the server, such as the case of a platform I handled, **obtained the server data of the platform through infiltration and cyber attacks, but the real name and withdrawal records are encrypted information.
False registration information, **account rental, **situation.
In many gambling platforms, false information is used when registering, false names, ID numbers, mobile phone numbers that are not their own real-name system, and black cards with bank cards. For example, in the case of a platform I just handled, its **account is the **account that has been registered by someone who purchased it, and the IP address of the **account is registered in the Philippines, and there is no record of leaving the Philippines at the time of registration.
, changes and tampering with the background information of the server.
In a case in Shaanxi, ** obtained the background data of a platform through a remote investigation, and wanted to determine the identity of the suspect through the login IP address of the ** account, but found that the login IP address of all ** accounts was the same.
, the server data is cleared on a regular basis.
A large part of gambling** will regularly clear the background data, even if the background data is obtained, it is difficult to accurately count the amount of gambling funds and illegal gains.
This is the case of Zhang, which I handled.
Fourth, the method of cutting off the relevance of the account:
In the case I handled, there were five online gambling platforms, including a certain continent, a certain blog, a certain city, a certain investment, and a certain Wei, and obtained the ** account through various means, but in the end, because of insufficient evidence, we won the ** account and did not identify the ** account as a suspect.
Procedurally: **Account** is not legal. Find out the problem with the procedure and strive to find that the procedure is unlawful.
Due to the strong anti-detection awareness of gambling, regular replacement of **, account number, password is the norm, once ** is taken compulsory measures, the ** account may be blocked as soon as possible, unable to log in normally. Therefore, in many cases, due to the urgency of time, many cases do not have witnesses present, do not make a CD-ROM, or the CD-ROM produced is incomplete, or the "Computer Crime Scene Investigation and Inspection Record" is not made. If the procedure of the remote inspection is not legal, then the account information obtained through the remote inspection should not be adopted.
a. The use of crawlers to obtain overseas account information through remote inspections does not have a legal basis.
This practice of using crawlers to capture the data of overseas ** servers through remote inspection has legality problems, violates the cyber sovereignty of other countries to a certain extent, and has major effectiveness flaws. According to Article 25, Paragraph 4 of the Law on International Criminal Judicial Assistance, if a domestic investigative agency wants to obtain electronic data on a server stored abroad, it shall entrust the law enforcement agency of the country (region) where the server is located to collect evidence in accordance with its local legal procedures through lawful and proper international judicial assistance procedures, and shall not obtain it through hackers or crawlers.
b. When our lawyers review the remote inquest report, we should pay attention to whether the process and operation of the remote inquest are carried out with reference to the requirements of the "Specifications for the Collection of Electronic Evidence in Criminal Cases by Public Security Organs", and in accordance with the "GA T756-2008 Measures for the Discovery and Extraction of Evidence Data from Data-based Equipment", whether the evidence collection process is screen-recorded throughout the process, whether it is a remote inquest under the witness of witnesses, and whether there is a complete video disc for the inquest process.
In the case of Li et al.'s cybercrime, the public security organ of a county in Linyi City remotely captured the server data of the overseas ** through remote inspection, and made a remote inspection record No. 006, only the inquest person signed, no witness signed, and the procedure was illegal, and finally the evidence of the remote inspection record was overturned, case number:(2018) Lu X Xingchu No. 204.
c. We should pay attention to compressing the screenshots of the remote inspection into screenshots. Whether to calculate its MD5 value when zipping, and whether to calculate its SHA256 value for screen recording. A fixed list of electronic data extraction, whether there is a signature of a witness, etc. In a gambling case involving a certain orange entertainment ** investigated in a county in Shaanxi, there was a situation where the md5 value of the screenshot of a new Beijing ** was different, and it could not be proved that it was the same document.
How to overturn the screenshot of the ** account obtained by the second means (providing the login account password by yourself). It mainly includes whether the evidence collection procedure is lawful and whether the form of evidence is legal.
Some lawyers believe that as long as there is a screenshot of the backstage, and there is information such as the QQ number and bank card bound to the **account in the screenshot, it must constitute a crime, which is incorrect.
In the case of opening a casino in Huai'an, the public security organ violated the procedure when taking screenshots of the QQ number, bank card and other information bound to the ** account, and the court excluded the evidence, and finally did not determine that the ** account of the gambling platform was the defendant, and did not identify the more than 1.5 million yuan charged by the procuratorate as illegal gains.
There is also a cybercrime case of Xu and others investigated in Yuhua District, Changsha City, due to procedural violations, the court did not adopt the content in the screenshot. In the end, the court did not determine the number of members and the amount of member recharge and the illegal gains of the defendants in the four cases involved in the case as alleged by the public prosecution. Case No.: (2019) Xiang XX Xingchu No. 730.
In many cases, because of the lack of experience of the case-handling personnel or the technical conditions are not met, there is a problem of illegal procedures when collecting evidence from the ** account, and our lawyers must be very familiar with the requirements of the relevant evidence collection rules for electronic evidence to find the problems existing in the evidence"Online Gambling ** Crime (3) How to Strive for Innocence from Electronic Evidence".There will be a detailed introduction to the experience, and if necessary, you can consult the article of lawyer Zhang Hongqiang**.
a. Many suspects were arrested for other reasons, but the suspects themselves admitted that they were the first of a certain online gambling platform, and they provided a background login account and password. For example, Zhang was suspected of money laundering because his bank card flow was involved in dark web transactions, and he was caught, and he admitted that he did it, and provided a background account and password.
b. The suspect was arrested for the ** behavior of a certain platform, and as a result, the suspect admitted to ** that he was still doing ** on another platform, and provided the login account and password of the other platform. Take a screenshot of the account information of other online gambling platforms.
For example, in a case I handled, the suspect was arrested for one platform, and as a result, he admitted that he had done ** on the other four platforms, and all of them provided **account and password, **login** account, and took screenshots of the ** accounts of all four platforms for forensics, showing more than 200 cash withdrawal records, but because the four ** servers were overseas, relevant evidence could not be collected for confirmation.
Cut off the relevance of account information.
*The content of the account generally includes name, QQ, mobile phone number, email address, address, virtual currency wallet address, etc. If you can cut off the connection between this information and the suspect, it is possible to cut off the connection between the ** account and the suspect.
*The information bound to the account is basically not the real-name registration of the criminal suspect.
Whether there is sufficient evidence to prove that the QQ number, mobile phone number, email address, etc. bound to the ** account are used by the criminal suspect or are associated with the criminal suspect.
Last year, I handled a case of a platform ** in Henan, the suspect refused to admit that a ** account was his own, because the QQ number, mobile phone number, email and other information were not suspects, and at first ** did not find substantial evidence, until through the QQ number in the content of the gambling ** account, I found a *** and *** avatar is the suspect himself**, after finding the relevance of this evidence, ** dared to detain the suspect.
In another case, Zheng Moumou, Zhou Moumou, and Zhan Moumou were arrested because of the registered mobile phone number and trajectory information of the QQ number, and the three admitted to committing a crime at first, but in the end, they were all acquitted because of insufficient evidence. Case No.: X Procuratorate Non-Prosecution No. 86, 2021.
Our lawyers should grasp the relevance determination of IP addresses, MACs, domain names, IMEI locations and other data and trajectories, and pay attention to the identification of the relevance interruption of IP trajectories in the case of using **IP, jumping, etc.
**If the account is bound to bank card, Alipay and other information, we must review whether there are any favorable circumstances for the criminal suspect from the following aspects:
a. Pay attention to whether these bank cards, Alipay, WeChat Pay, etc. are used by yourself, whether you have funds with yourself, and whether these bank cards have been seized.
b. Whether there is evidence to prove that the account that paid the defendant is an account controlled by the gambling ** involved in the case.
c. Whether there is evidence to prove that the nature of the inflow of funds is ** commission.
When handling cases, we should pay attention to the situation of multiple ** being arrested, pay attention to the fact that the same account has also been paid to other **, and the situation that other ** recognize that the account is a gambling platform account, and also pay attention to whether the time of payment is regular, such as fixed at the number of times of each month to the number of transfers.
Whether it can be proved that the criminal suspect has logged in to the ** account.
In many cases, the public security organs did not collect evidence on the login information IP and MAC addresses of the ** accounts, QQ, online banking and other accounts involved in the case, and even in some cases, the relevant electronic devices were not seized.
In the case of a certain platform, the criminal suspect Hu confessed that he had not logged in to the ** account, but the public security organs found the Internet information that logged in to the platform on his seized computer, and found that the account name of the suspect's 360 account was the same as the name of the ** account, which was unfavorable to the criminal suspect.
When handling the case, we have to review what device was used to log in to the ** account, whether the electronic device was seized and extracted to the login record, and whether there was relevant evidence of the login IP address.
In the case of a platform ** that I handled in Jiangsu last year, we found that in the electronic data of the gambling ** background provided by the public security organs, the IP address of the ** account was registered in the Philippines, and during that time, the defendant did not have the information to leave the Philippines. Therefore, it can be proved that the ** account could not have been registered by the defendant, and in the last five login track information of the ** account provided by the public security organs, the login location was in Guangzhou, and the defendant was not in Guangzhou but in Shenzhen during this time, and provided relevant consumption records in Shenzhen.
Case: In the background data provided by the public security organs, there is a note: If the IP address logged in the Philippines needs to be unblocked, it is necessary to contact customer service and provide ID card**, while in the passport information, the defendant has no record of leaving the Philippines.
5. Strive to be recognized as a player account rather than a ** account.
For some accounts, if the content of the ** account cannot be severed from the defendant, it is necessary to consider whether the nature of the account can be determined to be a player account, or whether it does not have the authority to develop a player who is offline**.
On some platforms, there are ** accounts and player accounts, and different accounts have different permissions. On some platforms, although the ** account and the player account are the same account, there is insufficient evidence because there is no evidence to accept bets and there is insufficient evidence to prove that the development has been downline. Even if there is evidence to prove the connection between the ** account and the suspect, in many cases, the content of the ** account is not comprehensive, and it is impossible to fully prove the number of downlines, the amount of gambling funds, and the amount of withdrawals
In many cases, the content of the ** account is not comprehensive, and it is impossible to fully prove the number of downlines, the amount of gambling funds, and the amount of withdrawals, resulting in cases that do not meet the conditions for prosecution and conviction.
Zhang Hongqiang's lawyer**Other articles:
Research on Online Gambling Crime (1): Striving for Innocence from the Account
Research on Online Gambling ** Crime (2): Striving for Innocence from the Confession".
Research on Online Gambling Crime (3): Striving for Innocence from Electronic Evidence
Research on Online Gambling Crime (4): Striving for Innocence from the Reasons for Being Caught
Research on Online Gambling Crime (5): Striving for Innocence from the Promotion and Drainage".
Research on Online Gambling Crime (6): Reducing the Amount of Gambling Funds and Illegal Gains - Preserving Property
Online Gambling ** Crime Research (7): Reducing the Number of Downlines".
Research on Online Gambling Crime (8): Qualitative Issues of Brushing Water and Brushing in Gambling
Author: lawyer Zhang Hongqiang, ** copying is prohibited. Mr. Zhang Hongqiang focuses on the research of gambling live streaming cybercrime.
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