Now Shenzhen | June 1, 2023
Writer: Lylian Zhao
There is no fictional plot in the whole article, which is a complete restoration of the facts of the case.
Introduction: In my extensive professional experience, I have encountered numerous impeccable scams that have transcended borders and perplexed even the most astute minds. No amount of imagination can prepare you for the ingenuity of these fraudsters. Only upon reflection can we discern the subtle clues that dictate the course of these incidents. Today, I share with you real cases that my team and I have handled, aiming to impart valuable lessons while shedding light on the cunning tactics employed by these scammers. Our narrative begins with the intriguing story of an Indian individual orchestrating a transnational fraud scheme in China.
Creating a Perfect Webpage: Our journey commences with the establishment of an impeccably crafted webpage by the Indian mastermind, Mr. India. Operating under the guise of a legitimate company on the Alibaba International Station, Mr. India skillfully presents a business dealing in high-quality roll paper used for printing small tickets in supermarkets. This enticing offer captures the attention of Mr. K, a client from Oman, who became acquainted with the company through both news reports and personal recommendations. Engaging in WhatsApp conversations, Mr. India exuded confidence, demonstrating his comprehensive market knowledge and precise pricing strategies. Such attributes garnered Mr. K’s trust and admiration.
To solidify his credibility, Mr. India shared the business licenses for his Chinese and Indonesian companies with Mr. K. He emphasized that while the goods could be dispatched directly from Qingdao, China, the contract had to be signed with the Indonesian branch of his enterprise. Allegedly, this arrangement served as a precautionary measure, taking advantage of laxer foreign exchange regulations in Indonesia, thus protecting both parties’ interests. Notably, Mr. K, unaware of any red flags at this stage, found the requirement to pay half of the purchase price in advance reasonable, considering it a standard industry practice.
The Deceptive Payment: However, as anticipated, an unexpected turn of events unfolded. Once the contract was signed, Mr. India, the suave manipulator, presented Mr. K with an Alipay QR code for payment. Justifying this move with the assertion that the Chinese paper industry operated under tight market conditions, Mr. India insisted on immediate payment to secure the goods. Eager to proceed, Mr. K promptly transferred the required amount within two days, even fulfilling Mr. India’s request to send a portion of the payment to an Indonesian account. To date, Mr. K has paid nearly $100,000 to Mr. India, firmly believing in the authenticity of their business transaction. Further reinforcing his deceitful act, Mr. India even shared videos of a bustling factory and claimed to have booked a logistics shipping company for the transportation of the goods. These maneuvers instilled a sense of control and convinced Mr. K that the remaining payment was also safe to proceed.
The Unveiling of the Scam: As events unfolded, it became evident that Mr. India had vanished into thin air, absconding with Mr. K’s $100,000, leaving behind shattered trust and mounting despair. Atthis juncture, one might assume this to be an open-and-shut case of deception. However, reality paints a more complex picture. Given that the contract was signed with the Indonesian company while the scam originated from China, pursuing a criminal case presented significant challenges. Pursuing legal action against the Indonesian company in China proved unfeasible, as the defendant resided in Indonesia while the payment had been made in China. Even if Mr. K were to emerge victorious in an Indonesian court, how to get enforcement in China still will be a problem.
Just as we were hesitating about how to govern this case, we were miraculously received another scam that was exactly the same! The same company, the same contact person, the same Indian gentleman, the payee is also the person in charge of the Chinese company, even the contract template is the same! It’s just that Mr. G from Palestine was cheated this time. Mr. G provided the information of the payee of the company. We saw that the payee was Ms. Chen, and she was also the person in charge and sole shareholder of Mr. India’s Chinese company.
According to Article 63 of the Chinese Company Law, if a shareholder of a one-person limited company cannot prove that the company’s property is independent of the shareholder’s own property, he shall bear joint and several liabilities for the company’s debts.Mr. India’s company in China was established by Ms. Chen alone as a shareholder, and Ms. Chen was also the Chinese payee in the two scams, so all the clues point to Ms. Chen. So we decided to file a lawsuit with the court and report the case to the public security organ, using Ms. Chen and Chinese company as the defendant as a breakthrough to solve this problem. Now this case is in the process of being processed and I hope there will be a good ending in the near future.
But I know that as long as Mr. India is not brought to justice, he will continue to scam in the same way. As a Chinese lawyer, knowing that an Indian is using a Chinese company to cheat but can’t find him is helpless. There are even some defrauded customers who are not worth pursuing because the amount is too small. If it happens that you or a friend next to you encounters a very similar case, you can contact me without appeasing the situation because the amount is too small. At the same time, I hope that readers who can read this article can perfectly avoid similar scams.
Beijing Jingshi Law Firm(Shenzhen) Office.
北京京师(深圳)律师事务所
Address: 10th Floor, Guangdian Wenchuang Center, Caitian Road, Futian District, Shenzhen City,China
地址：中国深圳福田区彩田路广电文创中心十楼
