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Virtual Money Settlement Betting Capital Defense Strategy Effective Communication Helps Transition from Heavy Sentences to Probation
Criminal Defense Strategies for Gambling Cases Involving Virtual Money Settlement
In criminal cases, the lawyer's job is not merely to "argue with reason and be eloquent." Especially in cases where the nature is clear and there is limited sentencing discretion, effective defense often requires lawyers to possess good communication skills, rather than simply opposing the judicial authorities.
Under the system of guilty plea and sentencing recommendations, the sentencing suggestions made by the prosecutor's office play a key role in the final outcome of the case. At this stage, whether the lawyer can understand the concerns of the case handlers and engage in professional communication based on seeking common ground while reserving differences often determines the direction of the case. In other words, a lawyer's professionalism is not only reflected in their mastery of legal knowledge but also in their ability to win the trust of the case handlers. When the lawyer's opinions are recognized, it creates space for the parties involved to seek leniency.
This article will discuss how to achieve an ideal result for effective defense through specific strategies in cases involving Virtual Money Settlement and the crime of operating a casino.
Case Background
A programmer has been accused of providing Virtual Money payment Settlement services for multiple overseas gambling websites, suspected of constituting the crime of operating a casino. According to the charges, the programmer completed a total of over 400 million USDT in betting fund Settlement for gambling platforms in the past two years, equivalent to about 2.7 billion yuan; his personal illegal profit was over 900,000 USDT, approximately 6 million yuan.
According to the provisions of the criminal law, if the amount of gambling funds accumulates to 300,000 yuan, or the illegal income exceeds 30,000 yuan, it is considered "seriously serious" and should generally be sentenced to a fixed-term imprisonment of more than five years but less than ten years.
Difficulties of the Case
The persons involved in the case have "died without witnesses," making it difficult to determine the roles and positions of the parties within the group. The police's description in the case file points all involved actions to one individual.
On-chain transaction data is public and objective. With a total betting amount of 2.7 billion and a profit amount of over 6 million, it is difficult to significantly reduce.
Defense Strategy
Avoid "deadlock" type defenses, adopt effective mitigation strategies to strive for lighter treatment for the parties involved.
Conduct an in-depth study of the case evidence to identify potential loopholes, such as the settlement process for the disposal of virtual money and the calculation methods for the amounts involved.
Stand in the position of the case handlers, fully empathize, and propose corresponding defense viewpoints.
Maintain ongoing communication with the prosecutor and repeatedly discuss the key issues of the case.
Accurately grasp the possible concerns of the case handlers and identify their "most unacceptable risks" to promote adjustments in the case handling method.
Defense Result
After multiple rounds of communication and effort, the sentencing recommendation was gradually adjusted from "at least seven or eight years" to "a fixed-term imprisonment of two years, with a three-year probation." The court ultimately adopted the sentencing recommendation from the prosecutor's office, and the verdict was officially delivered.
Conclusion
The work of a criminal defense lawyer often involves finding hope in the cracks. Even in cases with clear definitions and high amounts involved, as long as there is no final judgment, there is always room for communication and adjustment. The key is to find the breakthrough point, pushing the authorities to make judgments more favorable to the parties involved within the existing evidence structure. Through thorough empathy and proposing effective defense points, securing favorable outcomes for the parties is a key factor in achieving good results in this case.