Successful Case: Probation Defense in Virtual Money Gambling Case

In criminal cases, effective defense work is often not just about confrontation, but rather tests the lawyer's communication skills. Especially under the guilty plea system, the sentencing recommendations from the prosecution play a key role in the outcome of the case. Whether the lawyer can understand the true 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.

This article will discuss a case involving the establishment of a casino that uses virtual money for settlement, introducing specific strategies to promote and achieve the ideal result of effective defense.

Case Summary

Months ago, a programmer was accused of providing Virtual Money payment settlement services for multiple overseas gambling websites, suspected of constituting the crime of operating a casino.

The accusation claims that the programmer has helped multiple gambling platforms complete a total of over 400 million USDT in betting settlements over the past two years, equivalent to about 2.7 billion yuan; his personal illegal profits exceed 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 "serious circumstances," and usually, a fixed-term imprisonment of more than five years and less than ten years should be imposed.

Difficulties of the Case

1. The personnel involved in the case are "dead without witnesses", making it difficult to determine the role of the parties in the gang. The description of the case by the public security authorities points all the involved actions to one person.

2. On-chain transaction data is characterized by transparency and objectivity. Even if there are statistical omissions, the total betting amount of 2.7 billion and the profit amount of over 6 million are difficult to significantly reduce.

Defense Strategy

In cases where the qualitative aspects are clear and the data is clear, adopting an adversarial "stubborn" strategy may backfire. The breakthrough point in this case is:

1. Accurately identify the concerns of the case handlers and find their "most unacceptable risks".

2. Based on these risks, promote adjustments in the handling of cases.

3. Standing in the position of the case handler, fully empathize and then propose defense opinions.

4. Not avoiding the severity of the case, nor blindly challenging the qualifications, but seeking a balance point of "allowing the case to proceed smoothly through the process while keeping the punishment within a reasonable range."

Defense Process

1. Communicate preliminarily with the prosecutor to understand their initial views on the case.

2. Specifically raise potential procedural and substantive issues that may exist in the case, such as the judicial disposal and realization process of Virtual Money, calculation methods for the amount involved, etc.

3. Continuously maintain online communication, repeatedly discuss key issues, and communicate item by item.

4. Gradually promote the sentencing recommendation from "at least seven or eight years" to "less than five years" "three years of actual imprisonment" "three years suspended and five years probation", ultimately achieving the result of "two years suspended and three years probation."

Final Result

The court adopted the sentencing recommendation of the prosecutor's office, and the judgment result is: sentenced to two years of fixed-term imprisonment, with a three-year probation.

Conclusion

The work of a criminal defense lawyer often involves seeking hope in the gaps. Even in cases with clear qualifications and high amounts in dispute, as long as there is no final judgment, there will always be room for communication and adjustment. The key is to find the breakthrough point and promote the judicial authorities to make a judgment more favorable to the parties involved, within the existing evidence framework.