How to Report Being Scammed When Buying USDT Virtual Currency, Lawyer Teaches You

Lawyer Teaches How to Report USDT Virtual Currency Scams

01 Always Believe in the Police

True feelings cannot be preserved since ancient times, only tricks can win people’s hearts.

Although this is a joking remark, sometimes the truth is often spoken in an unintentional joke. In the cryptocurrency world, there are even more tricks, such as the most representative OTC transactions, in which the risks are everywhere in the eyes of a practicing lawyer like me. There are no records of transactions, and evidence cannot be preserved; we do not know who the counterparty is, so if there is a problem, we cannot even find a real person; or we may accidentally receive counterfeit U or black money, which can be even more troublesome, as our bank accounts might be frozen, not only affecting our U transactions but also our lives.

In addition, the attitude of the government towards virtual currency is becoming more strict. Incomplete statistics show that there are four regulatory policy documents on virtual currency led by the central bank. Each document is a significant shock to the cryptocurrency industry. Since the highest level has such an attitude towards virtual currency, there is also a trend of convergence in civil judgments related to virtual currency. As for how the court makes civil judgments in civil cases, you can read the article “Can You Recover the Money if You Entrust Others to Invest in Virtual Currency and Suffer Losses?” written by our law firm’s lawyer Honglin for research. This time, we mainly talk about criminal matters.

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Before discussing serious matters, please allow me to vent. As you all know, Man Kun Law Firm “possibly” is the first law firm in China dedicated to blockchain. After we established our reputation, many people who have been deceived or stolen in the cryptocurrency world came to us for advice on what to do. However, I found that some people do not believe in the law at all during the conversation. They say things like “the police and the criminals are in cahoots,” and they refuse to take any action. In fact, what I want to say is, since you came to consult a lawyer, you must still believe that the law can give you justice, otherwise, you wouldn’t even think about consulting a lawyer. When the lawyer gives you legal advice and tells you how to handle the situation, don’t treat the lawyer with the attitude of someone who has been in the cryptocurrency world for a long time and has seen many things. If you are really smart and can understand everything, how can you still be deceived?

02 There is a Technique to Reporting the Crime

Let’s get back to the topic, what should we do if we are scammed when buying U?

The first reaction is definitely to report the crime. However, in the feedback from many of our clients, they say that the police do not care when they report the case because virtual currency is not protected by the state, so they don’t file a case. After encountering this problem, we will definitely ask the client one question: Did you report it orally or in writing? One hundred percent of the clients say they reported it orally.

Did you see it? Have you found the root cause of the police not accepting your case? Let me analyze it for you.

According to the rules, as long as you go to the police station to report a case, the police should issue a receipt and acceptance notice. But why didn’t you receive them? Because you didn’t leave any trace of reporting the case. So, how can you leave a trace of reporting the case? Write a report and organize evidence materials.

If you don’t know how to write a report, come find a lawyer. With a report, you can confidently ask the public security organs for the receipt and acceptance notice of the reported case. In general, as long as the police issue these two legal documents, they will proceed with the procedures of filing, investigating the case, and arresting suspects. For us victims, even if we don’t ultimately get compensation from the suspect, at least they are behind bars, which can provide some comfort to our hearts.

The above is the method of forcing the police to issue legal documents and accept the case by leaving a trace through a written report. If the police, as mentioned earlier, accept the report from the parties involved, whether it is oral or written, the police will issue corresponding legal documents. However, after a period of time, we receive a notice from the police stating that the case will not be filed. In other words, the police have given you a formal legal document through proper means, informing you formally that they will not handle your case. In this case, what can we do since the police are following the rules? We can’t act unruly with the police, saying that we won’t leave unless they file the case. That would easily be seen as provoking trouble.

03 What to do if the police don’t file the case

Don’t worry, the law also provides us with formal remedies. We can apply for reconsideration or review to the public security organs, or apply for case supervision to the procuratorate.

First of all, we must remember that whether it is applying for reconsideration, review, or case supervision, it must be done in writing. Some readers may ask, why are we calling it reconsideration and review when applying to the public security organs? Let’s see how the law regulates it. Article 179 of the Regulations on the Procedure for Handling Criminal Cases by Public Security Organs:

• If the complainant is dissatisfied with the decision not to file a case, they can apply for reconsideration to the public security organ that made the decision within seven days of receiving the notice of non-filing. The public security organ should make a decision within 30 days after receiving the reconsideration application and notify the complainant of the decision.

• If the complainant is dissatisfied with the reconsideration decision not to file a case, they can apply for review to the higher-level public security organ within seven days of receiving the reconsideration decision. The higher-level public security organ should make a decision within 30 days after receiving the review application. If the higher-level public security organ revokes the decision not to file a case, the lower-level public security organ should implement it.

After reading the legal provisions, do you understand the difference between reconsideration and review? However, I want to point out that the decision of not filing a case by the public security organs usually involves the participation of the legal department of the public security organs. Our application for reconsideration is also reviewed by the legal department, so we should also have a good idea of what the result of reconsideration will be. Therefore, if we go through the process of reconsideration and review, we can only hope for some improvement when the higher-level public security organs conduct the review.

However, based on my professional experience, it is really difficult to expect the public security organs to change the result. Therefore, in general, I usually skip the statutory process of applying for reconsideration and review for my clients and directly apply to the procuratorate for supervisory filing, because the prosecutors in the procuratorate have all passed the judicial examination and have a better understanding of the law than the general police officers. In addition, the police officers may be busier, and it can be quite difficult to contact the handling police officer, but it is much easier to contact the prosecutor. The prosecutor will have more time to listen to the opinions of the parties and lawyers. If our application reasons are sufficient and in compliance with the legal provisions, the procuratorial organs will demand that the public security organs make a new decision.

After we report the case to the police, whether it is applying for reconsideration or applying to the procuratorate for supervisory filing, these are remedies after the public security organs have made the decision of not filing a case. If we want to pursue a good filing result, the best way is to do our homework in advance, write a good report, fully explain the factual and legal reasons why the public security organs should file our case, and organize the evidence materials we have on hand, so that the police can have a first-hand and comprehensive understanding of our case when accepting the report.

04 Summary by Lawyer Mankun

Therefore, after being cheated when buying U, if the police do not handle the case, we need to look for reasons from ourselves. Did we not prepare well before reporting the case, so that the police can easily find a reason to reject our report, rather than simply come to a crude conclusion of “police and bandits are one family” after rejecting the case?

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