Virtual Coin Payment Settlement Gambling Case: Successful Defense Case of a Programmer Who Was Granted Probation After Arrest

In criminal cases, effective defense work is not merely about opposing the judicial authorities, but rather requires lawyers to have excellent communication skills. Especially under the system of pleading guilty and accepting punishment, the sentencing recommendations from the procuratorate often play a key role in the outcome of the case. Whether lawyers can understand the concerns of the case handlers and engage in professional communication on the basis of seeking common ground while reserving differences often determines the direction of the case.

This article will discuss how to achieve the ideal result of effective defense through specific strategies in cases involving virtual coin settlement and the crime of operating a controlled casino.

Case Summary

A programmer has been accused of providing virtual currency payment settlement services for multiple overseas gambling websites, suspected of constituting the crime of operating a casino. According to the charges, the programmer has helped gambling platforms complete a total of over 400 million USDT(, approximately 2.7 billion RMB), in gambling fund settlements over the past two years; personally profiting illegally over 900,000 USDT(, approximately over 6 million RMB).

According to the provisions of the criminal law, if the amount of gambling funds accumulates to 300,000 yuan or the illegal gains exceed 30,000 yuan, it is considered "serious circumstances," and a sentence of imprisonment for not less than 5 years and not more than 10 years is usually imposed.

Difficulties of the Case

1. Evidence Dilemma: "No Witnesses"

The parties claim there are two partners, but one has passed away and the other is missing. At the time of the incident, the party was caught at the airport and could not be considered as having surrendered. How to prove the party's subordinate position in the gang has become key.

2. On-chain transaction data:

Blockchain transaction data is characterized by its openness and objectivity. Even if there are statistical errors, the total amount of 2.7 billion in betting funds and over 6 million in profits are difficult to significantly compress.

Defense Strategy

Faced with cases that are clearly defined and have clear data, the lawyer did not adopt a "stubborn" attitude, but instead:

1. Conduct in-depth research on previous similar case judgments in the local area to understand the tendencies of judicial practice.

2. Carefully review the case file to identify potential procedural and substantive issues.

3. Think from the perspective of the case handlers and identify their concerns.

4. Gradually promote adjustments to sentencing recommendations in a favorable direction through continuous communication.

Defense Process

The lawyer first communicates face-to-face with the prosecutor, guiding them to focus on potential issues in the case, such as the virtual coin disposal process and the method for calculating the amount involved.

Subsequently, through continuous online communication, key issues were repeatedly discussed. Ultimately, the sentencing recommendation was gradually adjusted from "at least seven to eight years" to "a prison sentence of two years, with a three-year probation."

Although the court initially had objections to the sentencing recommendation, it ultimately adopted the opinions of the prosecution and upheld the result of the probation.

Revelation

1. Even in cases with clear qualitative definitions, as long as there is no final judgment, there is room for adjustment.

2. The key is to identify the breakthrough point and promote a more favorable judgment within the existing evidence structure.

3. Fully consider the situation from the perspective of the case handlers and propose reasonable defense viewpoints.

4. Continuous communication, grasping the rhythm, gradually promoting results to develop in a favorable direction.

The work of a criminal defense lawyer often involves finding hope in the cracks. The successful defense in this case reflects the importance of the lawyer's precise understanding of the client's psychology and flexible strategy formulation in complex cases.