I. Core Defense Challenges in This Case

1. Extremely large amount involved; high sentencing baseline.

   In this case, illegal fundraising exceeded 6800 million yuan and caused losses of over 10 million yuan. This meets the judicial interpretation's threshold for "huge amount," carrying a statutory sentence of three to ten years in prison. The baseline sentencing is substantial, leaving limited room for leniency.

2. The individual is a core manager and has been legally determined to be the principal offender.

   The party served as the company's Chief Operating Officer, overseeing core fundraising activities including marketing and investor relations. Given their active role and significant impact in the joint crime, they are legally classified as a principal offender; thus, no sentence reduction is available through an accomplice status.

3. Missing core mitigating circumstances

   The defendant was apprehended passively and does not qualify for the statutory mitigating circumstance of voluntary surrender. The financial loss involved is substantial, there are no sufficient funds for full restitution, and key discretionary mitigating factors—such as obtaining forgiveness through restitution—are absent. Consequently, the defense faces significant challenges.

II. Core Defense Contributions by Lawyer Qun Heng in the First Instance

After accepting the case, attorneys Cheng Daqun and Lin Ling's team thoroughly reviewed all case files, developed a multi-level defense strategy focused on case characterization and sentencing, exhausted all statutory defense avenues, and maximized the protection of the client's legitimate rights and interests.

1. Comprehensive defense on substantive grounds to fully safeguard litigation rights

   Based on operational details of the case and the fact that key co-defendants have not yet been apprehended, counsel submitted a defense arguing that core facts remain unestablished and there is room for an acquittal. The defense presents a comprehensive argument grounded in the elements of the crime, fully safeguarding the client's statutory right to counsel and exploring all possible avenues for challenging the charges' characterization.

2. Thoroughly analyze sentencing factors to aggressively pursue leniency.

   The defense attorney argued in detail regarding the defendant's role and manner of apprehension, asserting that the defendant should be classified as an accessory and has voluntarily surrendered. The attorney sought to secure statutory mitigating circumstances to reduce the sentence. Furthermore, the defense emphasized that the defendant is a first-time offender with no prior criminal record, has consistently and truthfully confessed to the main facts of the crime after being brought to justice, and has voluntarily pleaded guilty and expressed remorse. The defense respectfully requests that the court impose a lighter punishment in accordance with the law.

3. Court system performance, facilitating implementation of mitigating circumstances.

   During the trial, the defense attorney presented comprehensive arguments regarding the case characterization, applicable laws, and sentencing factors, submitting a written defense brief. The court ultimately recognized the mitigating circumstances of the defendant's truthful confession and voluntary plea of guilt, imposing a lenient sentence within the statutory range to achieve optimal sentencing outcomes in accordance with the law.

III. Court Judgment

After trial, the Yuhang District People's Court of Hangzhou City found that defendant Chen committed the crime of illegally absorbing public deposits and acted as a principal offender. Considering his truthful confession and voluntary plea of guilt after being brought to justice, the court issued the following judgment in accordance with the law:

Defendant Chen was convicted of illegally absorbing public deposits, sentenced to six years in prison, and fined 200,000 RMB. He is also ordered to return all illicit gains within the scope of the involved amount to repay the relevant fundraising participants.

IV. Professional Case Handling Tips

1. Promising guaranteed high returns on investments in gold, wealth management products, or physical store profit-sharing to the general public constitutes typical illegal absorption of public deposits. Individual investors who illegally raise more than 100 million yuan are considered to have "huge amounts," facing prison sentences of over three years. Do not participate in or assist with such illegal fundraising activities.

2. In illegal fundraising cases, distinguishing between principal and accessory offenders has a significant impact on sentencing. Even for individuals in management roles, their status must be determined by evaluating decision-making authority, profit distribution, and actual involvement. Professional defense can help maximize opportunities for leniency or sentence reduction.

3. In cases of illegal absorption of public deposits involving huge amounts or severe losses, the scope for a not-guilty defense is typically limited. However, professional legal representation can still secure the lightest possible sentence within statutory limits by clarifying mitigating circumstances, facilitating guilty pleas and punishment acceptance, and coordinating restitution efforts.

Consultation Guide

The Criminal Law Department of Zhejiang Qunheng Law Firm specializes in criminal defense within Hangzhou, with expertise in defending cases involving illegal absorption of public deposits, fundraising fraud, and other economic crimes. We are well-versed in the judicial standards of local courts, including those in Yuhang District, and provide comprehensive defense services throughout the investigation, prosecution review, and trial phases. For consultations on criminal cases, please schedule an online appointment or visit our office to discuss your case.