英国当地时间5月22日,钱志敏出现在英国伦敦的法庭上,预计2024年10月21日在英接受审判。钱志敏,还是中国一起非法吸收公众存款案的主要犯罪嫌疑人,案涉金额402亿余元。
On May 22, British local time, Chan Zhimin appeared before a court in London, and is expected to stand trial in England on October 21st, 2024. She is also the prime suspect in a case involving the illegal absorption of public deposits in China, involving over 40.2 billion yuan.
在英国及欧洲等地游走,钱志敏摇身一变成张亚迪(音译,Yadi Zhang),持有的是张亚迪的圣基茨和尼维斯联邦(Saint Kitts and Nevis)护照,但这个新的身份并未让钱志敏“金蝉脱壳”。
In such places as the United Kingdom and Europe, Money Chi Min moved into Yadi Zhang, holding the Saint Kitts and Nevis Federation passport of Zhang Yadi, but this new identity did not “get out of the shell”.
张亚迪只是钱志敏众多身份中的一个。《财经》记者了解到,这个自2015年左右声称因车祸腿部受伤的46岁女人,拥有多个身份:在英国,钱志敏声称过去20多年在全球从事珠宝贸易。钱志敏以南银(音译,Nan Yin)名义获得一本假的缅甸护照。在中国时,钱志敏是前述非吸案所涉公司,即天津蓝天格锐电子科技有限公司(下称“蓝天格锐”)的实际控制人。她的真实姓名藏于背后,对外自称“花花”“花姐”,在英国昵称变成“Rose”等。为了遮蔽脸部,钱志敏与投资者见面时戴粉色面纱、假面舞会的面具,在这些场合她大讲投资理财、虚拟货币,打造蓝天格锐走在科技前沿和投资有道的形象,向投资者传达财富梦想触手可及,“格锐给你三世富贵”。
In China, he was the actual controller of the non-smoking companies mentioned above, namely the Blue Sky Gear Technology Ltd. (hereinafter referred to as Blue Sky Gear). Her real name was hidden behind her, calling herself the Flowers, turning it into Rose and others in Britain. In order to cover her face, she was wearing a pink veil and mask for meeting with investors in order to cover her face, and on those occasions, she was talking about investing in money, virtual money, and building a blue skygreath in the front of science and technology and investment.
蓝天格锐爆雷后,钱志敏消失。经中国司法认定,蓝天格锐非吸案涉案金额402亿元,钱志敏的多名同伙先后获刑。而钱志敏则躲进月租金1.7万英镑的英国豪宅。
After a sharp explosion in Blue Shige, he disappeared. Chinese justice found that the Blue Shige case involved $40.2 billion in non-smoking, and that several of his associates were sentenced.
在中国警方对钱志敏发布红色通报,开展全球追捕时,钱志敏再次冒险——尝试兑换比特币变现,并试图把比特币兑换成资金转进银行账户用于在英国等地购买高价值房产。这一过程,借由充当“前台”或助理的温简(音译,Jian Wen)实施,温简是一名前中式外卖店员工。
When the Chinese police issued a red notice to Quan Zhimin for global pursuits, he once again took the risk – trying to convert bitcoin into cash, and trying to convert bitcoin into a bank account for the purchase of high-value properties in places such as the United Kingdom. This process was carried out by Win-Jian Wen, a former Chinese shop employee who worked as a “front desk” or assistant.
在英国买房时因无法交代资金真实来源,购房行为引起伦敦警方的调查。伦敦警方在搜查温简和钱志敏合租的住处等地时,查获多台电子设备。经调查和追踪内含多个数字钱包,因此查获6.1万余枚比特币。2024年5月底,一枚比特币价格突破7万美元,如此计算,查获的比特币价值超30亿英镑。
The purchase of a house in the United Kingdom led to an investigation by the London police because it was unable to account for the true origin of the money. The London police seized a number of electronic devices during searches for premises rented by Win-Jen and Quan Zhi-min. The investigation and tracing contained multiple digital wallets, which resulted in the seizure of more than 61,000 bitcoins. At the end of May 2024, a bitcoin was over $70,000, so that the value of the seized bitcoin was over £3 billion.
英国当地时间5月24日,温简因参与洗钱犯罪,被英国法院判处80个月监禁。温简的判决提到,该案与2014年至1017年在中国实施的一起大规模投资欺诈有关,涉案金额超400亿元,涉及12.8万名投资者。这起投资欺诈案的部分收益被换成比特币,装进加密货币钱包,用笔记本电脑偷运出中国。
On May 24, local British time, Win-Jean was sentenced to 80 months in prison by a British court for his involvement in money-laundering offences. The Win-Jin judgement mentioned that the case was related to a large-scale investment fraud committed in China between 2014 and 1017, involving over $40 billion, involving 128,000 investors. Part of the proceeds of this investment fraud were replaced with Bitcoin, installed in an encrypted currency wallet, and smuggled out of China using laptops.
在温简被捕时,钱志敏再次消失,但近日归案。据媒体报道,钱志敏今年4月回到伦敦后遭到羁押,被指控在伦敦和英国境内其他地方获取、使用或拥有加密货币这一犯罪财产,目前被指控涉嫌两项非法持有加密货币的罪名。
At the time of Winjan’s arrest, he disappeared again, but recently arrived. According to media reports, after returning to London in April of this year, he was detained on charges of acquiring, using or possessing an encrypted currency, a criminal property in London and elsewhere in the United Kingdom, and is currently charged with two counts of illegal possession of an encrypted currency.
2024年5月16日,天津市公安局河东分局发布通报称,通过国际执法合作渠道持续同英国等国执法部门开展国际追逃追赃协作。
On 16 May 2024, the Directorate of Public Security of Tianjin City, Hedong Division, issued a circular stating that international recovery and recovery collaboration with United Kingdom law enforcement agencies, among others, continued through international law enforcement cooperation channels.
“她真的给我们买了比特币?”
"She really bought us bitcoin?"
“那就是钱志敏!”2024年3月,徐璟(化名)注意到温简案报道中张亚迪的画像时,如此断言。徐璟此前投资了蓝天格锐的理财产品,投资款有去无回,继而蓝天格锐爆雷后,她和一些投资者与相关部门沟通时,才知道“花花”的真实身份。
In March 2024, Xu Xu Xi, when he noted the image of Yadi in Wenchen’s report, asserted that Xu Xu Xi had previously invested in the blue skygreath of property, that the money had not returned, and that after the blue skygreath of thunder, she and some investors had been able to communicate with the relevant authorities in order to know the true identity of the flowers.
业已退休的徐璟,投资蓝天格锐7项理财产品,其中一些与比特币有关。蓝天格锐于2014年3月成立,其公开的经营范围是电子产品研发、网络科技产品技术开发和咨询等服务,并无销售理财产品的资质,但这家公司设计了10项理财产品。
Xu Xu, who has retired, invests in seven items of intellectual property in Blue Sky Gear, some of which are related to Bitcoin. The Blue Sky Gear was established in March 2014 and operates openly on services such as electronics research and development, web-based technology technology technology technology development and consultancy, without the qualifications to sell the products of intellectual property, but the company designed 10 items of intellectual property.
自2009年比特币神秘诞生后,因其去中心化、匿名性、稀缺性的特点,以及可在线交易与支付、实现低成本且快速的跨境支付,成为一种颠覆性的数字货币。在蓝天格锐成立的前一年即2013年,比特币进入更多中国公众的视野,2013年底一度出现中国买家哄抬比特币价格,当年比特币价格从几百美元冲破1000美元。
Since the mysterious birth of Bitcoin in 2009, it has become a subversive digital currency because of its centralization, anonymity, scarcity, and the fact that it can be traded and paid online, with low-cost and rapid cross-border payments. One year before its establishment, in 2013, Bitcoin entered the wider Chinese public’s horizon, with Chinese buyers appearing at the end of 2013, breaking the price of Bitcoin from hundreds of dollars to $1,000.
2013年12月,为防范洗钱风险,维护金融稳定,中国人民银行等部门发布《关于防范比特币风险的通知》,明确比特币不是真正意义的货币,不能且不应作为法定货币在市场上流通。同时,明确提出各金融机构和支付机构不得以比特币为产品或服务定价,不得承保与比特币相关的保险业务或将比特币纳入保险责任范围等。
In December 2013, in order to protect against the risk of money-laundering and to maintain financial stability, the People's Bank of China, among others, issued a Circular on Protection against the Risk of Bitcoin, which makes it clear that bitcoin is not a real currency and cannot and should not circulate on the market as a legal currency. At the same time, it was explicitly stated that financial institutions and payment agencies should not price Bitcoin for their products or services, should not cover the insurance operations associated with bitcoin or include bitcoin in their insurance liability.
蓝天格锐成立后,迅速搭上比特币等虚拟货币的热潮。蓝天格锐的英国爱生保险数字一号(下称“数字保险一号”),每单标的是三枚比特币,总价2.4万元,在认购的两年期内每天享受认购金额0.3‰的收益,两年能收到资金收益2.4万元,同时两年期满后赠送价值36000元的价值资产包,可即时兑现比特币、多特币等虚拟数字货币。该产品推介时,对外声称数字货币的升值潜力巨大,专业化的管家服务和社会化协作格外重要,英国爱生保险有限公司是全世界唯一一家为数字货币提供财产保险的保险公司,地址设在英属开曼群岛。徐璟购买了十份,也就是说她认购了30个比特币。
After the Blue Sky Gear was established, it quickly hit the tide of virtual currency, such as Bitcoin. The Blue Sky Gear's BLIF number 1 (hereinafter “Digital Insurance No. 1”), each marked by three bitcoins at a total value of $24,000 per day during the two-year period in which it was requisitioned, received a return of $24,000 for two years, while at the end of the two-year period, a valuable asset package worth $36,000 was given to pay off virtual currency, such as Bitcoin and Dotco. In presenting the product, the external claim was that the appreciation of digital currency had great potential, that specialized custodian services and socialization collaboration were important, and that BLIC was the only insurance company in the world that provided property insurance for digital money, with 10 copies in the Cayman Islands, i.e., that she had purchased 30 bitcoins.
身在重庆的郑建(化名)和老伴,同样购买了数字保险一号,认购10多枚比特币。郑建告诉《财经》记者,当时钱志敏及其下级销售称,岁数大的投资人对比特币操作不熟悉,将比特币挂在蓝天格锐下,保证能有高收益。
In Chongqing, Jung-jian and his old companions also bought digital insurance number one and ordered more than 10 bits of bitcoins. Zheng-jung told the financial press that at the time, he was not familiar with the use of the coin by older investors and placed it under the blue sky to guarantee high returns.
59岁的郑建称,在同学介绍下,他和妻子2016年开始投资蓝天格锐产品,蓝天格锐的产品紧跟投资热点。比如,蓝天格锐声称自主研发第一款智能化穿戴设备“生命环”,拥有超级计算机用来挖比特币,公司法定代表人被评为最诚信企业家等,这让郑建和很多中老年投资者相信这家公司实力不凡。为了吸引投资者,蓝天格锐组织开会和考察等,还打出宣传语“你给格锐三年时间,格锐给你三世富贵”。
At 59 years of age, Zheng Jianxian claimed that he and his wife began investing in the Blue Sky Gear products in 2016, and that the Blue Sky Gear products kept up with the hot spots. For example, the Blue Shirts claimed to be autonomous in the development of the first line of smart-dressing equipment, the possession of supercomputers to dig bitcoins, the statutory representative of the company was rated as the best-faith entrepreneur, and this led Zheng Jian and many senior and middle-aged investors to believe that the company was powerful. In order to attract investors, the Blue Sky Gear organizations held meetings and visits, and so forth, they also issued a propaganda phrase, “You give Gertruge three years, you give Gore three years, you are rich.”
据了解,蓝天格锐还组织少数投资人去英国考察、旅游,并声称在英国注册有一个蓝天格锐的分公司。
It is also known that a small number of investors have been organized to visit and travel to the United Kingdom and claim to be registered with a branch in the United Kingdom of Great Britain and Northern Ireland.
理财产品的前期收益到账后,郑建夫妇逐渐陷入蓝天格锐的多项投资产品。比如,在比特币项目中,一份保单2.4万元,每工作日的日增值金是0.3‰,郑建每工作日能进账分红72元。就这样郑建夫妇逐渐加大投资,还有一些是借来的资金。
For example, in the Bitcoin project, a insurance policy of 24,000 yuan, a daily value added of 0.3 per day of work, and a bonus of 72 dollars for every working day of work. As a result, there has been a gradual increase in investment by the Zheng Jian couple, as well as some money borrowed.
在天津的李敏(化名),也在遭遇蓝天格锐投资之苦。2015年,李敏正在张罗看房买房,手里有一笔资金,可架不住同学的劝说,开始投资蓝天格锐的产品。李敏坦承,当时自己50多岁,孩子需要钱,寄希望投资能“搏一搏”“挣些钱”。
In Tianjin, Li Min was also suffering from a hard investment in Blue Sky Gear. In 2015, Li was looking at his house and buying it, with money in his hand, he could not help his classmates to persuade him to invest in blue sky hard products.
李敏购买4项理财产品,其中10单与比特币有关,销售人员劝说“买5赠1”。李敏前后两次各购买5单,共花费24万元,也就是说李敏认购的比特币有30多枚。2024年5月21日,比特币价格首次突破7万美元(约50万元)大关。
Lemin bought four items of property, of which 10 related to Bitcoin, and the salesmen persuaded him to “buy 5 to one.” Li bought 5 items in each case for a total cost of $240,000, which means that Li bought more than 30 bitcoins. On 21 May 2024, Bitcoin first broke the $70,000 threshold (about $500,000).
2017年春,李敏去江苏省参加蓝天格锐的推介会活动。李敏回忆,那是她仅有一次看到“花花”,花花身形略胖,戴着黄色的假面舞会面具上台讲话,提到蓝天格锐购买的比特币,已经卖了一部分,“是赚钱的,并请投资者放心,后面购买的也会升值。”
In spring 2017, Li went to Jiangsu Province to attend the Blue Sky Gear promotion. Li recalled that she only saw flowers once, that they were a little fat, that they were wearing yellow mask for the prom, that they had bought bitcoin, and that they had already sold part of it, “it's for money, and let investors rest assured that the later purchases will be appreciated.”
蓝天格锐案发后,投资人财富梦断。自称亏损百万元的郑建,回顾案发前后七八年的财务囧境,及逐渐浮现的蓝天格锐真相,自叹好似“做梦一般”。
After the sharpness of the Blue Sky Gear, investors dream of wealth. The self-proclaimed loss of millions of dollars, a review of the financial situation seven or eight years before and after the crime, and the increasingly dramatic reality of the Blue Sky Gear, sighing as if it were a "dream."
被吸进蓝天格锐投资黑洞的不少是老年人,王琛(化名)很长一段时间并不清楚其公婆在蓝天格锐投资的具体数额。王琛称,其公婆投资受损后开始不敢告诉家人,2023年起才逐渐透露出一些信息,损失的是家里两代人的积蓄,但老人听信一些流言甚至不敢报警。
Many of the people who were sucked into the Blue Sky Gear investment in the black hole are the elderly, and Wang Sam has not been aware for a long time of the exact amount of her mother-in-law’s investment in Blue Tight. Wang Sam claims that after her mother-in-law’s investment was damaged, she began to be afraid to tell her family, and only gradually revealed some information since 2023, losing two generations of her family’s savings, but the elderly are afraid to even call the police.
王琛称,家里的老人曾实地考察过蓝天格锐的“矿场”,现场设备规整,并号称都是超级计算机可以快速挖币。因投资金额较大,老人得到机会见到“花花”,“花花”自称是名校博士,有丰富的金融风控管理经验,并对公司的未来和远景侃侃而谈。
According to Wang Sam, older people in the family have been on a field trip to the “mines” in the blue sky, where equipment is in place, and are known to be supercomputers that can quickly dig money. Because of the amount invested, older people are given the opportunity to see flowers, who claim to be a Ph.D., have extensive experience in financial wind management and talk about the company’s future and vision.
最近这些日子,王琛着手整理相关的资料,正在寻找途径主张权益受损。她问《财经》记者,“她(钱志敏)真的给我们买了比特币吗?”
In recent days, Wang Xian has started to collate relevant information and is looking for ways to claim damages. She asks the financial reporter, "Did she really buy us bitcoin?"
疯狂的吸金往事
{\bord0\shad0\alphaH3D}It's crazy to suck gold.
好景不长,2017年7月,郑建等人发现收益不再到账,蓝天格锐借口相关部门在整顿,停止了返款。其实,2017年4月21日,天津市公安局河东分局对蓝天格锐涉嫌非法吸收公众存款案立案侦查。
In July 2017, Zheng Jian et al. discovered that the proceeds were no longer on the books, and the relevant authorities stopped returning funds on the pretext that they were being reshuffled. Indeed, on 21 April 2017, the Hedong Division of the Public Security Bureau of Tianjin City opened an investigation into a case involving the illegal absorption of public deposits.
但蓝天格锐这个平台像一艘巨轮一样,层层销售并没有立刻“刹车”。据有关蓝天格锐的司法判决显示,2017年4月,在河南省滑县,一名被告人在发展投资人过程中建立比特币社群,并在当年5月和6月,仍在组织产品推介会,宣传蓝天格锐 “嘉年华”“数字保险一号”“数字保险二号”“智能招商”“生命环招商”等委托理财产品,分享投资收益心得,宣扬承诺零风险、高回报返息。
But this platform, like a giant ship, does not immediately “brain” sales. According to a judicial decision on Blue Tight, in April 2017, in Henan Province, a defendant established a Bitcoin community in the process of developing investors, and in May and June of the same year, a product promotion conference was organized to promote entrusted property, such as the Digital Insurance No. 1 “Digital Insurance No. 2” “Intelligent Motor for Life”, to share the return of investment gains and promise zero risk and high returns.
2019年6月,天津市公安局河东分局通报,立案侦查蓝天格锐涉嫌非法吸收公众存款案以来,公安机关加大力度全力组织开展案件侦破工作,截至目前共抓获公司法定代表人任江涛等犯罪嫌疑人50名,其中28名已经移送审查起诉。
In June 2019, the Hedong Division of the Public Security Bureau of Tianjin City informed that, since the opening of the investigation into the case involving the illegal absorption of public deposits, the public security organs had stepped up their efforts to organize the investigation of the case. To date, 50 suspects such as Jiangtao, the company's statutory representative, have been arrested, 28 of whom have been transferred for review and prosecution.
自2019年起,蓝天格锐案的相关涉案人员经审判后相继获刑。司法机关审理查明,蓝天格锐公司系钱志敏以他人名义登记,2014年6月钱志敏将公司法定代表人变更为任江涛。蓝天格锐由钱志敏实际控制,无银行业金融机构资质。
Since 2019, the persons involved in the Blue Shigere case have been tried and sentenced. The court found that the company was registered in the name of Xian Zhimin and changed its legal representative to Jiangtao in June 2014.
蓝天格锐系列案件的多个司法文书均认定,钱志敏招募任江涛等人,以蓝天格锐公司名义,在全国推出“蓝天一号”“蓝天二号”“有利有币”“生命环客户服务中心招商计划”“智能服务系统招商计划”等十期理财产品,以承诺还本付息、高额收益为诱饵,通过召开理财产品推介会、发放宣传材料和投资人口口相传等途径向社会公开宣传,与不特定公众签订理财产品投资协议吸收资金。
A number of judicial instruments in the Blue Ribbon case series have found that Chan Chi Minh recruited Jiangtao et al. and, under the name of Blue Ribbon, launched nationwide 10 issues of property management, such as “Blue Sky One” and “Blue Sky Two” and “Incentive Customer Service Centre for Life” and “Intelligent Service Enterprise Scheme”, as baited by promises of debt service, high returns, public outreach to society through the organization of property promotions, distribution of promotional materials and investment in the circulation of the population, and the absorption of funds through agreements with the undefined public on investment in property.
据悉,蓝天格锐的理财产品有生命环、防霾净化器、净化器、比特币等,产品众多产品只为吸引更多客户。以生命环为例,《财经》记者从已判决的蓝天格锐主犯案件中了解到,一名证人提到蓝天格锐在全国成立200多家生命环门店,几乎每个客户中心每月亏损达700万元,虽然亏损,却依然大肆扩张门店,最终就是卖理财产品。
According to the report, many products attract more customers by means of liferings, haze cleaners, purifiers, and bitcoin. In the case of liferings, the finance journalist learned from the judgement in the case of Blue Tighten's principals that a witness mentioned the establishment of more than 200 life kiosks throughout the country, with almost $7 million a month in losses in almost every client centre.
蓝天格锐的多项产品含有比特币等虚拟货币。比如“数字2号”项目每份投资38000元,每天增值金110元,合同期限24个月,合同到期再送38000元数字资产包,数字资产包包括比特币、多特币、莱特币,宣传册称“两年合计收益96000元左右!”
Many of the blue sky's products contain virtual currency, such as bitcoin. For example, the Digital 2 project invests $38,000, with a daily value increase of $110, the contract duration is 24 months, the contract expires with an additional $38,000 digital asset package, including Bitcoin, Dotcoco, Leitco, and the brochure says that “the combined two-year gain is about $96,000!”
经司法认定,2014年4月至2017年8月,非法吸收钱款共计402.28亿余元,均由钱志敏控制支配,其中,341.18亿余元用于向12.8万余名集资参与人返款,3.367亿余元用于公司日常支出及项目运营,其余钱款用于购买房产、珠宝、汽车等用途。案发后,经公安机关全力追赃,依法冻结、查扣一批资金、房产、车辆等涉案资产,冻结涉案资金18亿元,扣押现金5亿余元,扣押珠宝、金条、机动车等物及查封相关房产。
From April 2014 to August 2017, according to judicial findings, the total amount of illegally absorbed funds was over 40,228 million yuan, which was under the control of Money Chimin. Of this amount, over $34,118 million was spent on the return of over 128,000 fund-raising participants, over $336.7 million was spent on the day-to-day expenses of companies and on the operation of projects, while the remainder was spent on the purchase of property, jewellery, automobiles, etc. After the incident, the public security organs pursued the money, seized a sum of funds, real estate, vehicles, etc., and the assets in question were frozen in accordance with the law, frozen over $1.8 billion, seized over $500 million in cash, seized jewellery, gold bars, motor vehicles, etc., and seized the property in question.
2021年9月,蓝天格锐的法定代表人任江涛因非法吸收公众存款罪,获刑10年。任江涛在案发后称,他通过网络游戏认识钱志敏,因其在游戏中完全服从钱志敏的指挥,钱志敏让其担任蓝天格锐的法定代表人,“但实际上只是挂名”。为了提高蓝天格锐知名度,公司给其购买了一个中国商界诚信领袖的称号。蓝天格锐主要通过发售理财产品吸揽存款,吸来的资金只有钱志敏有支配权,钱志敏还让他从其他人处借用银行卡以接收吸揽资金。
In September 2021, Jiangtao, the legal representative of the Blue Shigere, was sentenced to 10 years' imprisonment for illegally absorbing public deposits. After the incident, he claimed that he had learned to pay money Chi-min by playing online, because he was fully subject to the command of Money Chi-min in the game, and that he was “but actually only named”. To raise its visibility, the company purchased the title of a Chinese business honest leader.
在任江涛的供述里,他和钱志敏口头约定干满三年,钱志敏给他100万元,另外约定每月工资3万元,但实际每月只到手1.2万元-1.5万元不等,且领了一年多就停了。
In Jingtao's statement, he and Jin Zhimin agreed to work for three years, and to pay him $1 million and another $30,000 per month, but in fact to reach only 12,000 to 15,000 yuan per month, and stopped for more than a year.
蓝天格锐确实挖过比特币。任江涛供述称,钱志敏给公司定的业务包括“挖矿”业务。任江涛负责维护“挖矿矿场”和矿机,“矿场”里的矿机一开始挖比特币,后来机器过时了,又挖另一种虚拟货币多特币,挖出的虚拟币不定期地转给钱志敏。
The Blue Sky Gear did dig bitcoins. According to the Mantao story, the company's business included the “mining” business. He was responsible for the maintenance of the “mining mines” and the miner, whose mine started digging bitcoins, and later the machine became obsolete, and another virtual currency, the Dotco, was dug up, and the virtual coins were transferred to him on an irregular basis.
另一名看管“矿场”的人士证实,2014年6月,在广州市南沙区的一个厂房看“矿场”,厂房进了大概1000台矿机,经调试后7月份开始运行,矿机运行到2015年3月被任江涛派来的人拉走了,不久又拉来一批旧矿机,但后来的矿机一直没使用。在天津市北辰区也有一处蓝天格锐的矿场。他们都表示,不清楚具体挖出多少比特币。
Another person in charge of the “mines” confirmed that in June 2014, at a factory in Nansha District, Guangzhou City, the site had entered about 1,000 mining machines, which, after being deactivated, became operational in July, and were taken away by people sent by Jiangtao in March 2015, shortly after bringing in an old mine machine, which was never used. There was also a mine in the northern Tianjin district. They all said that it was not clear how much bitcot had been dug up.
据蓝天格锐非吸案中的审计显示,蓝天格锐用于购买比特币款项11.4亿元。《财经》记者查询公开的比特币交易价格,2014年4月至2017年7月,1枚比特币的价格在310美元至3000美元间波动。另据《财经》记者了解,英国查扣的6.1万比特币,少量来自“挖矿”开采,大部分是通过交易所得。
According to an audit in the Blue Sky Gear case, the Blue Sky Gear was used to purchase $1.14 billion in bitcoins. Financial Reporters enquired about the public price of bitcoins, which fluctuated between $310 and $3,000 between April 2014 and July 2017. According to Finance Reporters, the amount of 61,000 bitcoins seized by the United Kingdom, a small amount of which came from “mining”, mostly through the transaction.
神秘“花花”的跨境冒险
The mysterious cross-border adventure of flowers
蓝天格锐案发后,“花花”钱志敏出逃。
After the sharpness of the Blue Shige case, “flowing” Money Chi-min escaped.
钱志敏出逃,早有布局。相关中国司法文书显示,钱志敏自2014年4月与赵麟锋相识成为恋人关系。2017年2月,钱志敏提出让赵麟锋想办法帮其偷越国境,后在赵麟锋的帮助下钱志敏越境出逃。
According to China’s judicial documents, he has been in love with Zhao Zhifeng since April 2014. In February 2017, he offered to allow Zhao Chi Fung to help him cross the border and then, with Zhao’s help, to cross the border.
温简案的英国司法文件则显示,离开中国后,钱志敏以南银(音译,Nan Yin)名义获得一本假的缅甸护照。2017年9月16日,钱志敏入境英国时,持有的是张亚迪的圣基茨和尼维斯联邦护照,后者在2017年6月17日刚成为圣基茨和尼维斯联邦公民。该护照持有者享有英国、加拿大等150多个国家和地区的免签或落地签待遇,投资至少15万美元即可入籍获得。
On September 16, 2017, when he entered the United Kingdom, he was in possession of a St. Kitts and Nevis federal passport, which he had just become a citizen of the Federation of St. Kitts and Nevis on June 17, 2017. The holder of the passport enjoyed a visa-free or landing status for more than 150 countries and territories, including the United Kingdom and Canada, and invested at least $150,000 in naturalization.
任江涛及其同在蓝天格锐任职的女友也试图出逃,2017年11月1日,任江涛及女友在老挝万象市被抓获归案。接近任江涛及其女友案的一名人士告诉《财经》记者,两人对此曾声称是公司安排其出境旅游。
On 1 November 2017, Jiangtao and his girlfriend were arrested in Vientiane, Laos. A man close to Jiangtao and his girlfriend told the finance journalist that the company had arranged his departure.
任江涛还在证言中提到,“花花”约定其做法定代表人时还表示,如果公司出了事需要他来扛,“花花”会想办法“捞”他。
In his testimony, Jiangtao also stated, when agreeing to represent his approach, that if the company was in need of him, the flower would find a way to “grave” him.
2016年,钱志敏被指曾“捞”过蓝天格锐时任总经理吴小龙。相关的司法文书显示,2016年8月,时任蓝天格锐总经理吴小龙等人宣传吸储时,因涉嫌非法吸收公众存款被辽宁省凌海市有关部门带走调查。蓝天格锐公司的范某找到时任凌海市自来水公司副书记、副经理的霍健帮忙,并承诺给予巨额好处费。霍健随即多次请托时任凌海市公安局经侦大队副大队长张烈。随后,吴小龙被办理取保候审。此次事件,霍建收受好处费669万余元,张烈收受好处费830万元。2023年4月,霍建和张烈分别获刑。2017年蓝天格锐案发后,吴小龙因非法吸收公众存款再次被抓获,2022年11月获刑。
In 2016, Chan Chimin was referred to as Wu Xiaolong, the manager-in-chief of the Blue Tianqing River. The relevant judicial documents show that in August 2016, Wu Xiaolong, the then Director-General of the Linghai Public Security Department, was taken away by the relevant authorities in Linghai, Liaoning Province, for suspicion of illegally absorbing public deposits. Fan, who was then Deputy Secretary and Deputy Manager of the Linghai Water Company, was found and promised huge benefits. In April 2023, Wu was arrested again for illegally absorbing public deposits in November 2022.
在蓝天格锐,“花花”打造低调、神秘的形象。蓝天格锐的不少管理人员表示,不知道“花花”的真实身份,还有人提到“公司董事长的上级是一个叫花花的女人”。
In the blue sky, flowers create a low profile and a mysterious image. Many managers in the blue sky say they don't know the true identity of flowers, and others say that “the director of the company is a woman called flowers”.
多名投资人告诉《财经》记者,“花花”出逃后,众多投资人逐渐获知花花的真实身份,“花花”真名钱志敏,46岁,江苏人,出身普通。此前,在“花花”出场的推介会上,“花花”戴口罩、面罩,投资者不允许携带手机入场,须经安检进入。“花花”声称自己名校毕业,双博士,懂金融风控。还有人表示,“花花”讲投资理财课时,口若悬河,让听者“热血沸腾”。蓝天格锐产品的合作商表示,“花花”很神秘,经常换微信,总是联系不上。
A number of investors told Fashion journalists that, after their escape, many investors became aware of the true identity of the flowers, known as Flowers, Money Chi-min, 46 years old, Jiangsu, and ordinary people. Previously, at the Flowers presentation, “Flowers” wore masks, masks, and investors were not allowed to carry mobile phones, subject to security checks. “Flowers” claimed that they graduated from school, Drs. Double, and knew the financial world.
“花花”出逃,2017年9月16日入境英国,转身成为出生于1990年的张亚迪。到英国后不到一周,与此前在中式外卖餐馆工作的温简建立联系。
Flowers fled and entered the United Kingdom on 16 September 2017, turning into Zhang Yadi, born in 1990. Less than a week after their arrival in the United Kingdom, links were established with Gen-Jian, who had previously worked in a Chinese take-out restaurant.
42岁的温简来自中国,随英国丈夫去英,离异后的2011年至2017年8月,曾辗转在英国第三大城市利兹多个地方租房。2017年5月,温简还在寻找利兹和南约克郡一个城镇的工作机会。2017年夏,温简搬居伦敦,最初在餐馆下面的地下室居住。很快,温简境遇改变的时刻到来。
In May 2017, Win-Jean was looking for jobs in a town in Leeds and Nanjok County. In summer 2017, Win-Jean moved to London, where he first lived in the basement below the restaurant. Soon, the moment of change came.
温简与实为钱志敏的张亚迪,两人如何建立联系或首次见面,无从追溯。《财经》记者从温简案的相关材料得知,2017年9月21日,温简即以“花花”私人助理的身份,发邮件寻找房屋租住,并称租户包括花花及其男友和她本人。温简介绍,“花花”是成功的珠宝商,从事钻石、古董等贸易,业务遍及日本、泰国、中国等,此番希望在英国和瑞士拓展业务。花花的男友因其他商务安排,可能不会过来。
On September 21, 2017, Win-Jean e-mailed him as his personal assistant, looking for a place to rent, and said that the tenant included flowers and her boyfriend and herself. In his introduction, the flower was a successful jeweler, dealing in diamonds, antiques, etc., in Japan, Thailand, China, and so forth, hoping to expand his business in the United Kingdom and Switzerland.
2017年10月,温简和“花花”一起搬入伦敦西北部富人区汉普斯特德,住进一栋价值近500万英镑(约4000余万元)的豪宅,房子带有六间卧室,每月租金1.7万余英镑。租赁协议显示,温简和“花花”是共同租户。
In October 2017, Win-Jean and Flowers moved together to Hampshire, a wealthy area north-west of London, to live in a mansion worth nearly £5 million (approximately £40 million) with six bedrooms with a monthly rent of £17,000. The lease agreement shows that Gen-Yin and Flowers are co-tenants.
一年后的2018年10月31日,汉普斯特德温简和“花花”租住的这处豪宅,遭遇伦敦警方第一次搜查。因温简试图用比特币购买一处价值千万英镑的房产,且无法证明比特币来源时,引起伦敦警方反洗钱调查。伦敦警方突袭搜查时,“花花”躺在楼上的一间卧室。温简向警员解释,“花花”在一次事故中腿部受伤,不能下楼,她是“花花”的照料者和翻译。
One year later, on October 31, 2018, the mansion rented by Hempster Wendell and Flowers was searched for the first time by the London police. An anti-money laundering investigation was initiated by the London police when Win-Jen tried to purchase a property worth ten million pounds in bitcoin and could not prove its origin. The London police raided and searched in a bedroom upstairs. Hein-Jin explained to the police that the flower was injured in the leg of an accident and could not go downstairs. She was a flower carer and interpreter.
2020年8月,英国警方再次搜查汉普斯特德这处豪宅。这次,钱志敏不在场,且不知所踪。
In August 2020, the British police searched the Hampshire house again. This time, he was absent and unknown.
比特币洗钱案
Bitcoin Money Laundering
与“花花”结识后,温简的生活得以改变,也伴随相应风险。
Having learned from the flowers, a gentle life can be changed, with attendant risks.
自2016年至2020年,温简向英国税务部门申报的收入显示,2016年度,温简收入不超过6000英镑,2017年零收入,2018年没有就业记录。但温简和钱志敏共同租住后,生活发生诸多变化。
From 2016 to 2020, Win-Jean’s declared income to the United Kingdom’s tax authorities showed that in 2016, moderate income did not exceed £6,000, zero income in 2017, and there was no employment record in 2018. But there have been a lot of changes in life since Win-Jen and Jin-Sung-min co-leased.
2017年9月24日,名为“YA Zhang”的女士在伦敦奢侈品百货哈罗德(Harrods)开设会员账号,次月账号信息更换为温简。该会员账户开设约满3个月时,购买的多件女性名牌服装、鞋子等,花费已达9.2万英镑。2018年1月,温简以2.4万余英镑购入一辆梅赛德斯奔驰汽车。随后,温简单独或与“花花”一起频繁出国旅行。温简与“花花”一同出境英国时,会避开与中国签订引渡条约的国家。温简还曾在英国之外的其他国家,兑换小额的比特币,并与他人联系探索加密货币的交易方式。
On September 24, 2017, a woman named “YA Zhang” opened a membership account in London with Harrods for luxury goods, and the next month's account number was changed to Gen-Jian. When the account was opened for about three months, she purchased several women's branded clothes, shoes, etc., at a cost of £92,000. In January 2018, Win-Jian purchased a Mercedes Mercedes vehicle for more than £24,000.
尝试使用比特币在伦敦购买高价值房产,是温简和“花花”试图处理比特币的一个途径。2017年11月,温简找到伦敦的房产中介寻找可售房源。在英国买房,需要聘请律师协助完成交易过程。买主须将房款打入律所指定的账户,买家聘请的律师会按照反洗钱的相关规定,对买家进行身份验证、反洗钱的资金来源调查等。
Attempts to use bitcoin to purchase high-value properties in London are a way of trying to deal with bitcoins in a warm and flowering manner. In November 2017, Winjan found London’s real estate agent looking for a source of a house to sell. In the United Kingdom, it is necessary to hire a lawyer to help complete the transaction.
通过温简案的相关信息,《财经》记者了解到,2018年2月,“花花”心仪一处价值2350万英镑的豪宅,由温简出面与房产中介人员和律师沟通,并执行购房流程。温简经介绍,联系一家可用比特币转换法定货币的公司,并可得到作为资金来源的一份报告以提供给律师。随后,一些比特币作为“交易测试”,转给那家公司,以换取英镑,随后资金被转入律所指定账户。不久,又一些比特币经此操作后,换成英镑后转入律所指定账户。这两笔资金约85万英镑,是购买房产所需的保证金。在此过程中,律师多次询问资金来源问题。不久,因卖家提出涨价,此次购房未再继续。
Through the information provided in the Winjan case, the finance journalist learned that in February 2018, a house worth £23.5 million was set up with a flower, which was replaced by £23.5 million to communicate with real estate agents and lawyers, and to carry out the purchase process. In his introduction, he contacted a company where bitcoin could be converted into legal currency and obtained a report as a source of funding for the lawyer. Some bitcoin was then transferred to that company as a “trade test” in exchange for the pound price, which was then transferred to the firm’s designated account. Shortly after the operation, some bitcoin was replaced by £23.5 million, which was transferred to the firm’s designated account. The two funds, approximately £850,000, were used as a guarantee for the purchase of the property.
买房决心并未因此受阻,温简和“花花”转而尝试购买伦敦另一处价值1250万英镑的房产,其间,如何将大量比特币兑换成法定货币仍然是一大难题。2018年1月31日,一项严厉的新政《不可解释财富令》(Unexplained Wealth Order)在英国生效实施,旨在使目标人物披露不明来源的财富,有力打击经济犯罪。律师将《不可解释财富令》的相关内容发送给温简,并表示购买房产可能还需要进一步提供资产来源信息。对此,温简解释比特币是“张女士开采的”,她不太可能提供证明,当时比特币还并不值钱。律师寻求专家建议后,要求温简提供比特币钱包地址,以便验证那些比特币是否是由“采矿”产生。随后,温简又被要求提供“花花”的详细信息。
On 31 January 2018, a tough new deal, Unexplained Wealth Order, came into force in the United Kingdom with a view to enabling the target person to disclose unknown wealth and to combat economic crime. Counsel sent the relevant elements of the Unexplainable Wealth Order to Win-Jin and indicated that the purchase of the property might require further information on the origin of the assets. In this regard, Win-Jin explained that the Bitcoin was “proved by Ms. Zhang” and she was unlikely to provide proof that the Bitcoin was not valuable at the time. Counsel, after seeking expert advice, asked Win-Jen to provide a Bitcoat wallet address in order to verify whether the Bitcoins had been produced by “mining”.
因这些问题最终未解决,在英国的购房之路中止,温简随后将购房视野转向英国之外。在迪拜,温简代为购买了两处公寓,不久后再次交易转手。
As these problems eventually remained unresolved, the road to home purchases in the United Kingdom was suspended, and Win-Jean then turned the view of home purchases outside the United Kingdom. In Dubai, two apartments were purchased by Win-Jeng-de-Dyon, and the deal was re-shipped shortly thereafter.
2018年10月,伦敦警方通过电子邮件联系温简,告知她此前转到律所指定账户的资金已被冻结,并表示这笔钱的来源可能与犯罪有关。温简从未回复这封邮件。2021 年 5 月,温简被逮捕,随后被英国皇家检察署起诉,英国皇家检察署提供给法庭的材料提到该案洗钱资金涉及的中国投资欺诈案,所涉公司就是蓝天格锐。
In October 2018, the London police contacted Win-Jean by e-mail, informing her that the funds previously transferred to the firm’s designated account had been frozen and stating that the origin of the money might be related to the crime. Win-Jin never replied to the letter. In May 2021, Win-Jen was arrested and subsequently prosecuted by the British Crown Prosecution Service, which provided the court with information about the Chinese investment fraud involved in the money-laundering case, which involved the company Blue Tian-Eng-Eng.
在温简案庭审期间,辩方认为,温简并不清楚涉案比特币来自犯罪所得,温简非常后悔与张亚迪有牵扯,如果不是张亚迪,温简不会卷入其中。
During the Winjan trial, the defence held that Winjan was not aware that the bitcoin in question was derived from the proceeds of crime and that he deeply regretted having been involved with Zhang Yadi, and that he would not have been involved had it not been for Zhang Yadi.
英国当地时间5月24日,温简因参与洗钱犯罪,被判80个月监禁。根据《财经》记者获得的温简案判决信息,虽然检方此前对温简的起诉提起多项指控,但法官认定温简参与洗钱的是150个比特币。这是温简保管并能控制的一个数字钱包,入账150个比特币,温简将一些比特币转为现金,其中的大部分比特币通过迪拜和瑞士洗钱,余下的33.89个比特币被警方查获。判决还提到,没有迹象证明温简与中国的投资欺诈案有关。
On May 24, local British time, Win-Jean was sentenced to 80 months' imprisonment for involvement in money-laundering offences. According to the information obtained by the Wim-Jean journalist, although the prosecution had previously filed numerous charges against Win-Jen, the judge found Win-Jen to be involved in money-laundering to be 150 bitcoins. This is a digital wallet kept and controlled by Gen-Jin, with 150 bitcoins recorded, and Win-Jean converted some bitcoins into cash, most of which were laundered through Dubai and Switzerland, and the remaining 33.89 bitcoins were seized by the police.
针对比特币洗钱的英国刑事审判,还未结束。5月22日,名为张亚迪的钱志敏出现在英国法庭。这次,与钱志敏一同出庭的还有另一名被告,名字是Senghok Ling。此人信息目前未知。据悉,法庭已排期,对钱志敏的庭审安排在10月21日。
The British criminal trial against Bitcoin for money-laundering has not yet been completed. On May 22, Money Chimin Zhang Yadi appeared in a British court. This time, he was joined by another defendant, Senghok Ling. The information on this person is currently unknown. According to the information received, the court has scheduled a trial against Money Chi Min on October 21.
如何跨境追赃
How to track cross-border
关注到温简洗钱背后的钱志敏,及与中国犯罪案的资金关联后,徐璟、郑建等遭受资金损害的投资人重现希望。但涉案比特币在英国被查封,能否跨境追回,以及如何追索,是当前的关键问题。
Concerned about the money behind Win-Jean’s money laundering, and its association with China’s crime, investors such as Xu Jian and Zheng Jian, who suffered financial damage, rekindled their hopes. But the issue of Bitcoin being seized in the United Kingdom, whether and how to recover it across borders, and how to pursue it, is a critical issue.
据媒体报道,对于英国方面查扣的资产,英国皇家检察署已向英国高等法院提起民事追偿程序,如确认没有其他合法权利人的存在,这些资产将被正式没收。以决定犯罪所得收益如何处理。
According to media reports, in respect of assets seized by the British side, the Crown Prosecution Service has initiated civil recovery proceedings before the British High Court, and if it is established that there are no other legitimate rights holders, the assets will be formally confiscated to determine how the proceeds of crime will be treated.
2024年4月,听闻此消息后,徐璟和一些投资人找到审理温简一案的英国法院联系邮箱,主动去信主张权益。徐璟介绍,投资人在信中表示他们是温简和钱志敏案件涉案比特币及资产的权利人,希望英国法院等有关部门给予投资人申报途径,挽回投资人损失。这封信发出两天后,收到英国法院回信称,信件已转交英国皇家检察署犯罪所得调查部门。
In April 2024, after hearing the news, Xu and some investors approached the English court in the Win-Jean case and voluntarily wrote to assert their rights. Xu, in his letter, stated that they were the right holders of the Bitcoin and assets involved in the Win-Jin and Qian Chi-min cases, and hoped that the relevant authorities, such as the British courts, would give investors the means to declare and recover their losses. Two days after the letter was sent, a letter was received from the British court stating that the letter had been forwarded to the Criminal Proceeds Investigation Department of the Crown Prosecution Service.
5月16日,天津市公安局河东分局发布案情通报称,其对天津蓝天格锐电子科技有限公司涉嫌非法吸收公众存款案立案侦查以来,加大力度组织开展各项工作。2018年2月,天津市公安机关通过国际刑警组织对主要犯罪嫌疑人钱志敏发布红色通报,开展全球缉捕,并通过国际执法合作渠道持续同英国等国家相关执法部门开展国际追逃追赃协作。
On 16 May, the Tianjin Public Security Bureau, Hedong Division, issued a case report stating that it had stepped up its efforts to organize operations since the opening of the investigation into the case of the suspected illegal absorption of public deposits by Tianjin Blue Tiangre Electronic Technology Ltd. In February 2018, the Tianjin City Public Security Bureau, through Interpol, issued a red notice to the main suspects, conducted a global arrest and continued international recovery and recovery collaboration with relevant law enforcement agencies in the United Kingdom, including through international law enforcement cooperation channels.
蓝天格锐系列案,此前经中国执法机关全力追赃,已依法冻结、查扣一批涉案资产,追赃挽损工作提上日程。此前,蓝天格锐案清退工作组面向全国登记集资参与人信息。一名投资人告诉《财经》记者,至目前共两次收到清退款项发放的通知,是其受损金额的一小部分。
In the series of cases, which had previously been fully pursued by Chinese law enforcement agencies, the assets in question had been frozen and seized in accordance with the law, and the recovery of damages had been put on the agenda. Prior to that, the task force for the clearance of cases in which the funds had been collected throughout the country had been sent information to registered fund-raising participants.
对于该案的清退工作,5月16日,《财经》记者致电天津市蓝天格锐案清退工作组此前发布的电话。一名工作组人员表示,请投资人“耐心等待”。
On 16 May, in connection with the dismissal of the case, a finance journalist called the Task Force for the clearance of the Blue Tiangue case in Tianjin City.
北京师范大学刑事法律科学研究院教授、国际追逃追赃问题专家黄风,对《财经》记者分析称,为加大对犯罪收益的追缴力度, 英国颁布的《犯罪收益 ( 追缴) 法》引入两种追缴机制, 即以犯罪收益为对象的刑事没收制度和以违法所得为对象的民事追缴。民事追缴程序本质上是一种对物的诉讼,追缴的是特定的财物,包括通过违法行为获得的收益和准备用于违法行为的财物。民事追缴与刑事诉讼程序无直接联系,无论与违法所得相关的罪行是否被提起刑事诉讼, 对违法所得的民事追缴均可独立进行。
The Proceeds of Crime (Recovery) Act, enacted by the United Kingdom, introduces two mechanisms for recovery, namely a criminal forfeiture regime for the proceeds of crime and a civil recovery for the proceeds of crime. The civil recovery procedure is essentially a matter-of-matter proceeding, in which specific property is recovered, including proceeds obtained through offences and property intended for offences.
黄风表示,根据相关公开信息,温简一案的刑事诉讼认定的温简涉案的比特币洗钱数额,在整个查获的比特案中占比较小,英国方面启动了民事追缴程序。根据相应的程序,涉案财产的合法所有权人有权在民事追回程序开始后提出权利申请,经法官审查符合条件的,该财产从“可追缴财产”的范围内应予排除。因此,蓝天格锐案的投资人可以在英国主张权益,通过民事程序挽回损失。
According to the relevant public information, the amount of money laundered in bitcoin that was found to be involved in the Win-Jean criminal proceedings was smaller than in the whole of the detected bits, and civil recovery proceedings were initiated by the British side. Under the corresponding procedure, the rightful owner of the property in question had the right to file a claim after the commencement of the civil recovery proceedings and, subject to review by a judge, the property should be excluded from the scope of “recoverable property”.
同时,黄风指出,随着钱志敏日前归案,对钱志敏提起刑事诉讼,涉案的比特币等资产也可以通过刑事没收追缴。选择哪种方式,接下来有待进一步明晰。如果通过刑事没收追缴,中国和英国可在刑事司法协助领域合作。依据《中华人民共和国和大不列颠及北爱尔兰联合王国关于刑事司法协助的条约》,持有被没收资产的被请求方可以在其法律允许的范围内,向请求方返还或者与请求方分享该资产或者出售该资产的收益。返还或分享该资产的条件及返还和分享的比例,由双方商定。
At the same time, Huang Fung noted that, with the recent arrival of Money Chi-min, criminal proceedings could be instituted against Money Chi-min, the assets in question, such as Bitcoin, could also be recovered through criminal confiscation. The choice of the means to be followed by further clarification. If recovery is made through criminal confiscation, China and the United Kingdom can cooperate in the area of criminal justice assistance. Under the Treaty between the People’s Republic of China and the United Kingdom of Great Britain and Northern Ireland on Mutual Legal Assistance, the requested party holding confiscated assets may, to the extent permitted by its law, either return to the requesting party or share the proceeds of the asset or sell the asset with the requesting party.
据了解,目前有投资人希望中国有关部门通过司法协助等途径,与英方沟通。还有一些投资人正在与有跨境追偿领域经验的律师接洽,商议通过民事程序追回损失的可能路径。郑建等投资者希望通过最优的途径尽力挽回或减少损失。
It is known that investors want Chinese authorities to communicate with the British, including through mutual legal assistance. There are also some investors who are in contact with lawyers with experience in the field of cross-border recovery to negotiate possible ways to recover damages through civil proceedings.
己任律师事务所的赵旗志律师,其团队专注涉外争议解决。近日,赵旗志对《财经》记者表示,其团队与蓝天格锐案的投资人接触同时,正与第三方资助基金、英国知名律师事务所、御用大律师和加密货币专家密切合作,在英国寻求可能的民事追偿或刑事途径,帮助受害者实现追偿。日前,赵旗志的团队已收到英国皇家检察署(CPS)经济犯罪处就涉案资产追缴相关问题的回复。
As a lawyer, Zhao's team is dedicated to foreign dispute resolution. Recently, Zhao's team has indicated to Financial Intelligence journalists that its team is working closely with third-party funding funds, prominent British law firms, Crown Counsel and encrypted money experts to find possible civil or criminal avenues in the United Kingdom to help victims recover.
赵旗志透露,CPS在回复中表示,已了解到中国有相当数量的人成为最初案件的受害者,他们正试图寻求追回损失。目前的刑事诉讼,Jian Wen因一项洗钱罪被判有罪,没收程序将在判刑后进行,但仅限于这项罪行。其他嫌疑人目前已被起诉,刑事诉讼正在进行中,在刑事审判结果出来之前,CPS暂不讨论此案。鉴于这些进展,CPS正在考虑其在民事追偿调查中的立场,这项调查仍在进行中,因此在案件未结束前,CPS暂不予回应进一步的信息。其团队人士还曾就比特币的民事追缴与刑事没收这两者间的关联咨询CPS, CPS 表示,如通过民事追偿程序追回部分或全部资产,英国方面是否分享在英国追回的款项将按照通常的方式考虑。
In response, CPS revealed that it had learned that a significant number of people in China had been victims of the initial case and that they were trying to recover damages. The current criminal proceedings, in which Jian Wen was convicted of a money-laundering offence, would be followed by a confiscation procedure, but only after sentencing. Other suspects were currently being prosecuted, the criminal proceedings were ongoing, and the CPS would not discuss the case until the outcome of the criminal trial. In the light of these developments, the CPS was considering its position in the civil recovery investigation, which was still ongoing, and would not respond to further information until the end of the case.
目前,针对6.1万比特币的跨境追偿,段和段律师事务所总部跨境争议解决委员会主任丁杰和其团队,已和蓝天格锐案件利益相关者、受害者举行初步会议,探讨蓝天格锐案跨境追偿方案与策略。丁杰及其团队,此前曾代表中国受害者处理加密数字货币交易所FTX跨境破产案件。
Currently, for 61,000 bits of cross-border recovery, Djay, the head of the cross-border dispute resolution committee at the headquarters of the law firm, and his team have held preliminary meetings with stakeholders and victims in the Blue Shigere case to explore cross-border recovery options and strategies. Djay and his team, previously representing Chinese victims, dealt with the cross-border bankruptcy of the encrypted digital money exchange FTX.
丁杰对《财经》记者表示,其团队已代理蓝天格锐部分客户,为他们提供初步的公益法律咨询,正在持续跟进蓝天格锐跨境追索进程,近期已分别与多家英国律所沟通、推敲,推动蓝天格锐跨境追偿方案的具体落地。为解决跨境追偿的成本,其团队正在与国际诉讼融资机构接触,考虑是否引入国际流行的诉讼融资。
Dinger said to the finance journalist that his team had acted on behalf of the blue skygreg segment of their clients, provided them with initial pro bono legal advice, was following up on the blue skygregian cross-border tracking process, and had recently communicated with various British law firms, pushed for specific locations for the Blue Tighter cross-border recovery programme. To address the cost of cross-border recovery, his team was engaging with international litigation financing agencies to consider whether to introduce internationally popular litigation financing.
跨境追偿之路,仍面临诸多挑战,“中、英律师均认同本案具有历史性意义”,丁杰说。
The road to cross-border recovery still faces many challenges, “the historical significance of the case has been recognized by both Chinese and British lawyers”, said Ding Jie.
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