邵诗巍律师
-上海曼昆律师事务所刑事部负责人 执业8年
-擅长领域：有一定辩护空间的经济类犯罪、金融犯罪、虚拟货币犯罪、Web3领域犯罪、互联网黑灰产犯罪、企业高发犯罪风险防控及刑事辩护。
-成功案例包括：非法经营罪、传销、开设赌场、诈骗、虚拟货币及外汇相关的案件等
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Lawyer Shao Shiwei | Looking at the Legal Consequences of Illegal Currency Exchange from the Typical Cases Published by the Supreme Procuratorate
Special Statement: This article is an original piece by lawyer Shao Shiwei, representing only the author's personal views, and does not constitute legal consultation or legal advice on specific matters.
In practice, many people have such cognitive misconceptions:
The possibility of illegal currency exchange or introduction behavior exists, but it definitely does not constitute a criminal offense;
His private currency exchange behavior is very discreet and is unlikely to be detected by judicial authorities easily;
Helping others with currency exchange without profit surely does not constitute administrative violations or criminal offenses;
Selling the only US dollars and other foreign currencies to others to earn the exchange rate difference should not be illegal;
In practice, many people have such cognitive misconceptions:
The possibility of illegal currency exchange or introduction behavior exists, but it definitely does not constitute a criminal offense;
His private currency exchange behavior is very discreet and is unlikely to be detected by judicial authorities easily;
Helping others with currency exchange without profit surely does not constitute administrative violations or criminal offenses;
Selling the only US dollars and other foreign currencies to others to earn the exchange rate difference should not be illegal;
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Lawyer Shao Shiwei | The Behind-the-Scenes of Buying USDT in Hong Kong and Getting Involved in a Money Laundering Case: The Southeast Asian Fraud Industry is Penetrating Hong Kong
Special statement: This article is an original piece by lawyer Shao Shiwei and represents the author's personal opinion, which does not constitute legal consultation or legal advice on specific matters.
Hong Kong, a world-renowned free port and international financial center, has seen its crypto economy flourish even before the introduction of official preferential policies. Among them, virtual asset over-the-counter trading service providers (VAOTC), operating in the forms of offline stores and online groups, along with native and overseas virtual asset trading service providers (VATP), together provide investors with token exchange and capital entry and exit services, forming a unique market landscape.
Hong Kong, a world-renowned free port and international financial center, has seen its crypto economy flourish even before the introduction of official preferential policies. Among them, virtual asset over-the-counter trading service providers (VAOTC), operating in the forms of offline stores and online groups, along with native and overseas virtual asset trading service providers (VATP), together provide investors with token exchange and capital entry and exit services, forming a unique market landscape.
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Lawyer Shao Shiwei | Is it suitable for Hong Kong expatriates to sell Hong Kong insurance? Is this a good job for ordinary people?
Special Statement: This article is an original work by lawyer Shao Shiwei, representing only the author's personal views and does not constitute legal consultation or advice on specific matters.
In recent years, with the continuous lowering of the threshold for Hong Kong identity following the implementation of the 'National Security Law', more and more mainland residents have come to Hong Kong through investment immigration, talent plans, and children's education, becoming 'Hong Kong expatriates' who shuttle between the two places. Among them, some view Hong Kong insurance as a shortcut to 'wealth freedom', especially with frequent posts on various social platforms like 'Graduated from Qingbei University earning 5 million a year selling insurance' and 'Former investment banking elite changed careers to insurance', attracting many eager participants.
In recent years, with the continuous lowering of the threshold for Hong Kong identity following the implementation of the 'National Security Law', more and more mainland residents have come to Hong Kong through investment immigration, talent plans, and children's education, becoming 'Hong Kong expatriates' who shuttle between the two places. Among them, some view Hong Kong insurance as a shortcut to 'wealth freedom', especially with frequent posts on various social platforms like 'Graduated from Qingbei University earning 5 million a year selling insurance' and 'Former investment banking elite changed careers to insurance', attracting many eager participants.
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Lawyer Shao Shiwei's Interpretation | Looking at the Legal Consequences of Illegal Currency Exchange from Typical Cases Published by the Supreme Procuratorate
In practice, many people have such cognitive misconceptions:
Foreign exchange or introduction behaviors may be illegal, but absolutely do not constitute criminal offenses;
One's private foreign exchange behavior is very covert and is not easily detected by judicial authorities;
Helping others exchange currency without profit definitely does not constitute administrative violations or criminal offenses;
Selling the only US dollars and other foreign currencies to others to earn exchange rate differences should not be illegal;
I don't care if my family and friends are making money through currency exchange. I'm just providing them my bank account number for free, and I haven't done anything illegal;
If a client asks for help in introducing foreign exchange channels, and I happen to know someone, then I introduce them. Since I haven't received any money from it, there should be no risk;
Foreign exchange or introduction behaviors may be illegal, but absolutely do not constitute criminal offenses;
One's private foreign exchange behavior is very covert and is not easily detected by judicial authorities;
Helping others exchange currency without profit definitely does not constitute administrative violations or criminal offenses;
Selling the only US dollars and other foreign currencies to others to earn exchange rate differences should not be illegal;
I don't care if my family and friends are making money through currency exchange. I'm just providing them my bank account number for free, and I haven't done anything illegal;
If a client asks for help in introducing foreign exchange channels, and I happen to know someone, then I introduce them. Since I haven't received any money from it, there should be no risk;
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How can young legal professionals adapt to digital transformation and seize new opportunities in criminal business?
On November 3, 2024, at the invitation of my alma mater, East China University of Political Science and Law, I hosted a thematic sharing session for the graduating students, focusing on 'The Career Development Path Choices for Young Lawyers.' In this sharing, I discussed with the students the topic of 'How can young legal professionals adapt to digital transformation and seize new opportunities in criminal business?' I hope this exchange can help students find their direction in career planning and bring some new insights. The following is a整理 of the sharing content from this event.
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The 924 notice is not a law; why do you say I constitute a crime?
It seems that the cryptocurrency industry has a magical power; once practitioners step into the world of Web3, they often do not want to return to traditional industries. Previously, I saw an article that accurately described the state of Web3 workers: high salary, remote work, comfortable yet dangerous.
Indeed, compared to traditional industries, Web3-related job positions have higher salary levels; project parties are generally overseas, so the domestic employees they recruit usually work in a distributed manner without needing to clock in. This is a great living condition for workers—high salary and freedom.
Indeed, compared to traditional industries, Web3-related job positions have higher salary levels; project parties are generally overseas, so the domestic employees they recruit usually work in a distributed manner without needing to clock in. This is a great living condition for workers—high salary and freedom.
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If arrested, is there still a chance to fight for acquittal/non-prosecution/probation?
I previously represented a case where, when I took over, the person had already been approved for arrest by the prosecutor's office. However, after several days of back-and-forth with the local public security prosecutor's office, the person was released on bail.
But later, two days before the prosecutor's office decided to transfer the case to court, my client was again detained in the detention center.
I once sadly asked the prosecutor: 'Does this case constitute a crime? Do you have jurisdiction? There has always been a great deal of controversy, and even after two re-investigations, no additional evidence has been provided. We believe this case can completely be handled without prosecution.'
But later, two days before the prosecutor's office decided to transfer the case to court, my client was again detained in the detention center.
I once sadly asked the prosecutor: 'Does this case constitute a crime? Do you have jurisdiction? There has always been a great deal of controversy, and even after two re-investigations, no additional evidence has been provided. We believe this case can completely be handled without prosecution.'
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