As a Lawyer, You Sent the Judge In? (Strong Wind And Thick Fog) - Chapter 520

 Chapter 520 Reasonable Doubt! Withdraw the lawsuit!

In the court hearing, Su Bai remained silent in the face of the current situation.

 In this trial, the defendant was very well prepared.

 Let’s not talk about anything else, let’s talk about the first-hand evidence prepared by the defendant.

 Now that the evidence is directly in front of them, the defendant will have an absolute advantage in this trial.

 Because one of them did not have enough evidence to refute the other side, but the other side’s evidence was obviously more sufficient than they were prepared for.

 The point is!

 Judging from the current situation, the evidence they provided in this trial is obviously just label evidence, not actual legal contract evidence.

to be honest.

As the plaintiff, they submitted evidence such as financial guarantees provided by a third party, but they only considered capital-guaranteed financing based on the capital-guaranteed financing shown by the third party.

The other party determined it to be non-principal-guaranteed financial management based on the content of the agreement.

“The third-party platform only carries out the distribution responsibility of a platform and does not assume other responsibilities.”

“The client’s lawsuit application just now made it clear that the entrustment request is to protect the principal-guaranteed financial products that the plaintiff entrusted the parties to purchase.”

“Is it true that banks use this kind of illegal behavior to attract investors for financial management? Do they comply with the corresponding regulations?”

 Which evidence will the presiding judge admit?

“So according to the statement of the lawyer appointed by the plaintiff, the plaintiff should not litigate with our bank, Laihai Bank, but should negotiate with the third-party platform to confirm whether the third-party platform has violated any regulations.”

At this time, Yu Manchun interrupted Su Bai’s statement:

“What is the opinion of the lawyer appointed by the plaintiff on this point?”

“And third-party purchases also show capital-guaranteed financial management.”

“In the absence of evidence, the lawyer appointed by the plaintiff shouldn’t slander us like this, right?”

“Presiding judge, we think this situation should be adjourned for investigation.”

 It is equivalent to one being a verbal agreement and the other being a signed contract with black text on a white background.

“I remember that the plaintiff entrusted the client with a well-known national lawyer. As a well-known lawyer, he should know that in court trials, he needs to rely on sufficient evidence to be convincing and obtain legal support.”

 Based on the current situation, this trial is very difficult to handle.

“But we have submitted evidence that the plaintiff entrusted the parties to purchase non-principal guaranteed financial products.”

“The plaintiff did not clearly understand the provisions of the agreement, which is the plaintiff’s responsibility. The agreement was very clear, and the plaintiff purchased this non-financial capital guarantee product without clearly understanding the contents of the agreement.

“So although the plaintiff has produced relevant materials, we have determined in this case that what we purchased was principal-guaranteed financial management and we exist as a bona fide third party.”

“in this case.”

Yu Manchun continued to retort: ​​“We do not agree with the client’s views.”

“We have reasonable suspicion that the so-called inconsistency between the so-called capital-guaranteed financial management and the terms in the agreement is that Laihai Bank uses illegal and illegal operations to attract investors to raise funds and deliberately defraud investors.”

“So this labeling of capital-guaranteed financial management is also a bank issue.”

“Our bank has stipulated very clearly in the agreement that it is non-principal-guaranteed financial management.”

Whether it was a purchase made by the plaintiff’s subjective intention or not, the fact has occurred and the liability is already clear. The party bears its own fault liability, so how can it hand over the corresponding issues to the bank? “

“Since it does not comply with the corresponding regulations, it is not a matter of legal responsibility of the purchaser, and the purchaser does not need to bear corresponding legal responsibility.”

“Although the plaintiff raised doubts about whether our operation was illegal.”

“We have just presented evidence to prove that our client purchased capital-guaranteed financial management out of subjective intention.”

At the trial table, the presiding judge looked at Su Bai at the plaintiff’s seat and asked:

“At present, the defendant has produced relevant evidence. Based on the evidence produced by the defendant, it can be clearly seen that according to the content of the agreement, the plaintiff purchased non-principal guaranteed financial management.”

Who does the presiding judge listen to?

Su Bai took a breath and said, “Presiding Judge.”

“Regardless of whether the platform is responsible or not, Laihai Bank has no responsibility in this court trial.”

“The third-party platform clearly marked this as capital-guaranteed financial management. We asked the third-party platform, and the third-party platform told us that they marked capital-guaranteed financial management. This was confirmed by the bank’s notification and the materials submitted by the bank. It is only displayed for capital-guaranteed financial management.”

“Let’s further confirm whether Laihai Bank used illegal and illegal operations to attract investors to raise funds and deliberately defrauded investors.”

“The plaintiff and the entrusted lawyer only rely on oral statements to state what illegal operations we have done, but is there a possibility that there is a problem with the third-party platform and mislabeling?”

Then he said: “I don’t understand why the lawyer appointed by the defendant said that this is the responsibility of the third-party platform and our client, and also stated that the bank is a secondary victim.”

  “Let’s talk about it.”

“Regardless of whether the plaintiff is a bona fide third party or not, the evidence provided by the plaintiff proves that this is only the responsibility of the platform and the parties, not our bank.”

 Because when purchasing financial management, according to legal provisions, the parties involved must read the content of the agreement and admit that the risks are borne by themselves.

Faced with the statement from the lawyer appointed by the defendant, Su Bai frowned slightly.

 Obviously, the presiding judge must accept the evidence contained in the agreement.

 “But where’s the evidence?”

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　?)

“In this process, the bank also serves as a secondary victim.”

“Now the plaintiff has hired a lawyer to reject our point of view based on suspicion. Isn’t this obviously inappropriate?”

Yu Manchun smiled slightly and looked up at Su Bai. This time, she seized the opportunity and directly asked this nationally renowned lawyer until she was speechless.

 Of course…in this kind of court hearing, everyone actually has about the same knowledge of the law.

 Mainly depends on the court hearing, everyone’s entry point into the case, and how they think the case should be fought to ensure the parties’ rights to entrust litigation.

Like most large companies, when signing an agreement, it must be verified by legal affairs and relevant law firms.

 A legal contract will be signed only after confirming that there are no legal issues or loopholes.

In this case, even if the other party finds a well-known law firm or a well-known lawyer, it is impossible to overturn this legal contract.

  So…under the current circumstances where the evidence is biased towards the defendant, she has the absolute initiative.

 There is no need to say anything else. Just asking the other party to produce evidence can turn the case around.

 But does the other party have evidence?

 At least for now, there is no evidence.

Yu Manchun also knew in his heart that what Su Bai said was basically the truth.

During her investigation, Laihai Bank did engage in illegal labeling behavior, which is strictly prohibited by law. If it is determined to be illegal, it may face charges of illegal fund-raising.

 But in this case, her point of view is that of Laihai Bank. What she needs to guarantee is the legal rights and interests of Blue Ocean Bank.

The other party is indeed right, but what do you say if you have no evidence?

I will seize the fact that you have no evidence, and I can directly prosecute this trial to death.

Su Bai frowned when the lawyer appointed by the defendant kept asking for corresponding evidence.

In this case, as the plaintiff, they were in the initial preparations and the evidence was ready to accuse the defendant.

　　But…no one could have imagined that the other party would actually operate illegally in this case!

 And it is an illegal fund-raising behavior in the form of deception.

indeed….

In the current trial, he has no evidence to form a strong accusation against Laihai Bank.

But.…

Even if the trial failed in the first instance, the other party also exposed a fatal key point, that is, there were illegal operations.

 This kind of self-exposure can be said to hurt the enemy a thousand times and damage oneself eight hundred.

Su Bai also knew very well that since the other party had actual evidence in this trial, if he continued to fight, he would definitely lose the case.

 So instead of arguing with the lawyer appointed by the defendant, he applied to the presiding judge:

“Presiding judge, Fang believes that there are still many problems in this case. For example, the evidence we provided can prove that the financial products sold by the other party are principal-guaranteed financial products.”

“But the evidence provided by the other party proves that the financial products sold by Laihai Bank are non-principal guaranteed financial products.”

“There is a certain dispute between the evidence of both parties, and the evidence of both parties is accurate and exists.”

“In this case, in accordance with legal provisions, the hearing can be adjourned to confirm whether there are any irregularities in the evidence of both parties.”

“Presiding judge, we apply for an adjournment of the hearing.”

The presiding judge on the bench did not expect such a situation to occur.

If this case continues to be tried, the defendant will definitely win.

But there is a situation on the part of the defendant. Just as Su Bai stated, the situation of the financial products sold by the defendant is consistent with the evidence presented by the plaintiff.

 However, it is not consistent with the agreement in selling financial products.

 Are there any violations of laws or regulations?

 High probability yes!

 After the presiding judge clarified this point, he turned to look at the plaintiff’s seat: “Plaintiff.”

“The application for adjournment you just made has certain basis.”

“But the lawsuit application you are currently filing, that is, the complaint of the first instance, is not consistent with the current defense situation.”

“Don’t ask for an adjournment of the case. Just withdraw the lawsuit for the time being.”

“Withdraw the case and then submit a request for trial after sorting out the evidence.”

Su Bai nodded and agreed to the presiding judge’s suggestion.

 The plaintiff has the right to withdraw the lawsuit in a civil case before the verdict is announced.

 In this case, whether it is adjourned or withdrawn, the final result is the same.

 Just withdrawing the lawsuit means that their side actually lost the trial.

 Even if there is no verdict…in the eyes of a normal lawyer, it is equivalent to losing the case.

 Decided to withdraw the lawsuit and walked out of the court, Li Xuezhen’s face was serious.

“Lawyer Su…This case was originally a sure win. The other party is basically a violator of the law and should be compensated accordingly.”

“But… the evidence produced by the other party turned out to be based on the content and the terms of purchasing financial management. The agreement in the terms was non-principal guaranteed financial management.”

“Isn’t the situation involved more serious?”

“Is this related to illegal fund-raising? He completely deceived investors and took away more than 4 billion!”

“This person is too bold. When Laihai Bank did this, isn’t the person in charge afraid of criminal punishment?”

Su Bai nodded: “The situation involved in this case is quite serious, and it is more complicated than we thought before.”

“Let’s not talk about other things… How can ordinary people write “capital-guaranteed financial management” on a third-party platform review, but the actual content of the agreement uses non-capital-guaranteed financial management?”

 “The third party has the right to supervise!”

“General third parties will not take such a big risk to do this kind of thing for some banks, because it is a matter of losing their jobs and losing their reputation.”

“This Laihai Bank is indeed quite courageous.”

Li Xuezhen: “Then what should we do now?”

Su Bai was silent for a few seconds:

“Laihai Bank must have violated laws and regulations in this case, and we will report this directly to the China Banking Regulatory Commission.”

“Request the China Banking Regulatory Commission to investigate this matter.”

“The court actually doesn’t have a lot of regulatory power in this area, and it doesn’t have the ability to require third-party platforms to retrieve relevant data. It mainly depends on the attitude of the China Banking Regulatory Commission, which falls under the regulatory power of the China Banking Regulatory Commission in this matter.”

“If the China Banking Regulatory Commission investigates this matter and believes that Laihai Bank has violated regulations and laws, then we can directly use the evidence to prosecute.”

 “Now the procedure is a little more troublesome.”

“Let’s take a look at the investigation by the China Banking Regulatory Commission first.”

“Um!”

Li Xuezhen nodded seriously.

On the other side, after leaving the court, Yu Manchun glanced at the backs of Su Bai and others.

 As a cooperative law firm of Laihai Bank, it is also the entrusted lawyer responsible for this case.

Yu Manchun knew more or less the inside story, at least in terms of the circulation of gossip, Yu Manchun was very clear about it.

If Su Bai wants to use formal means to determine that Laihai Bank has raised funds illegally and illegally, it is basically impossible.

 This court trial has now been withdrawn, and Su Bai has no chance.

 This is the result of discussions between Yu Manchun and many managing partners in the law firm.

“I’m afraid Bai Jun Law Firm will fall into this case this time.”

“If you fall into this financial case, it will be difficult to get involved in financial cases in the future.”

Yu Manchun thought silently in his heart and felt happy at the same time.

 The competition among peers means that Bai Jun Law Firm cannot get involved in financial cases in the future.

 So for them, it is obviously a good thing! .

 ….

 PS: Please give me a monthly ticket~

 (End of this chapter)