邵诗巍
上海执业律师。主攻业务领域：数据犯罪与数据合规治理；信息网络犯罪、互联网黑灰产犯罪；涉区块链、币圈刑事辩护；企业高发犯罪风险防控及刑事辩护。
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On July 24, 2025, two internet-related official crime cases were revealed:
First, Shanghai police discovered that the former CEO and logistics director of Ele.me had accepted substantial commercial bribes during their tenures, with the 40 million yuan in bribes hidden in multiple rental properties.
Second, executives at a major Beijing short video platform manipulated incentive policies and employment approvals, colluding with internal and external parties to siphon 140 million yuan from the platform and then concealing the funds in Bitcoin and other forms.
The common thread between these two cases is that abuse of power, collusion, and asset transfer have become key manifestations of new forms of official crime.
If internet platform executives are still subject to corporate governance and audit oversight, are Web3 projects, already operating outside regulatory boundaries and with ambiguous organizational structures, more susceptible to similar problems, and perhaps even more difficult to detect and hold accountable?
邵诗巍2025-07-29 03:26
On July 16, 2025, the People's Court of Pudong New Area, Shanghai, announced a cross-border illegal currency exchange case involving a total amount of 6.5 billion yuan. The protagonist this time is no longer the traditional underground bank or cash, but the "stable currency" represented by USDT. In fact, this is not the first time that the official has reported a similar case. Since 2017, the high-pressure crackdown on virtual currencies and stable currencies has lasted for many years, but why are similar cases still rampant and even growing in scale?
邵诗巍2025-07-24 01:52
In recent years, Lawyer Shao has represented many cases in which programmers or technical teams were held criminally responsible for providing technical services. The commonality of these cases, or the question that lawyers always have to deal with when formulating defense strategies around such cases, is: Can "technological neutrality" be used as an excuse to obtain a lighter sentence, reduced punishment, or even innocence for the client? Depending on the different charges and the specific circumstances of the case, lawyers' defense views around "technological neutrality" are often personalized. The defense ideas specific to the client's behavior itself are actually the skeleton of the defense, but what really determines the depth of the defense is the foundation behind it - the original intention of the legislator, the evolution of the legal provisions, and the logic of the application of this principle in specific judicial judgments. Only by standing from a more macro perspective of institutional evolution and understanding the judicial function positioning of the principle of technological neutrality in different periods, can defense lawyers make use of controversial and legally applicable cases.
邵诗巍2025-07-20 13:55
In the past year, we have received consultations from many professionals in traditional fields such as financial technology, payment industry, and data services. Among them, there are back-end developers who are deeply involved in front-line coding, as well as senior engineers who coordinate architecture design; there are product managers who promote business implementation, and technical leaders responsible for system iteration. Most of them have accumulated many years of experience in their original fields, but at a certain stage in their career development, they began to become interested in "Web3", a new industry that was once far away - not out of enthusiasm, nor blindly following the trend, but because the existing track is gradually narrowing, and Web3 seems to provide another imagination space.
邵诗巍2025-07-12 04:37
In recent years, with the rapid development of the Web3 industry, more and more programmers, smart contract developers, and outsourced technical teams have participated in the system construction, contract deployment, and platform operation and maintenance of cryptocurrency projects as on-chain engineers and project consultants. However, many projects under the names of "blockchain incentives", "token rebates", "GameFi game income", "decentralized node rewards", etc., are actually operating pyramid schemes such as "tiered promotion", "rebates for recruiting people", and "locked warehouse release", and there is a legal risk of being classified as organizing and leading pyramid schemes. Judging from public judicial precedents in recent years, in many cases involving virtual currency pyramid schemes, although technical participants such as programmers and contract developers did not participate in promotion and capital operations, they were ultimately identified as "playing a role in the implementation of pyramid schemes" because they undertook the development of rebate logic, token model design, or deployed smart contracts with tiered reward structures.
邵诗巍2025-07-10 00:10
In recent years, with the rapid development of the Web3 industry, more and more programmers, smart contract developers, and outsourced technical teams have participated in the system construction, contract deployment, and platform operation and maintenance of cryptocurrency projects as on-chain engineers and project consultants. However, many projects under the names of "blockchain incentives", "token rebates", "GameFi game income", "decentralized node rewards", etc., are actually operating pyramid schemes such as "tiered promotion", "rebates for recruiting people", and "locked release", and there is a legal risk of being classified as organizing and leading pyramid schemes. Judging from public judicial precedents in recent years, in many cases involving virtual currency pyramid schemes, although technical participants such as programmers and contract developers did not participate in promotion and capital operations, they were ultimately identified as "participants in pyramid schemes" because they undertook the development of rebate logic, token model design, or deployed smart contracts with tiered reward structures.
邵诗巍2025-07-09 01:34
In criminal cases, many parties and their families think that a lawyer’s job is to “argue with reason and be eloquent.” But in fact, in some cases with clear characterizations and limited sentencing space, truly effective defense work is often not about blindly confronting the judiciary, but rather tests the lawyer’s communication skills. Especially in the context of the current system of confession and acceptance of guilt, the sentencing recommendations of the procuratorate often play a key role in the final outcome of the case. At this stage, whether the lawyer can understand the psychology of the case handlers and understand the issues they really care about and care about in specific cases, and then engage in professional communication on the basis of seeking common ground while reserving differences, often determines the direction of the case. In other words, a lawyer’s professionalism is not only reflected in his mastery of legal principles, but also in whether he can win the trust of the case handlers. When a lawyer’s opinion is recognized by the case handler, it often means that a space has been opened for the client to seek lenient treatment.
邵诗巍2025-06-30 02:31
Not long ago, an article written by Lawyer Shao about a real case of illegal business operation that he had previously handled was reprinted by Shanghai Legal Daily on June 23, 2025. The article conducted an in-depth analysis of the controversial points of "guilt and innocence" in the case, and put forward powerful defense points to the case-handling unit based on the objective situation of the case, and finally achieved the ideal result of innocent defense. The original article reprinted by Shanghai Legal Daily is now reorganized and published in this public account for readers' reference.
邵诗巍2025-06-27 11:55
A compliance misunderstanding that Web3 entrepreneurs and practitioners tend to overlook is that as long as the project is registered overseas and the server is deployed overseas, "natural compliance" can be achieved. But in reality, the core of compliance always lies in the business model, capital structure and operational substance of the project itself, rather than the superficial overseas architecture. In other words, overseas registration can be used as a part of compliance, but it cannot be a shield to cover up high-risk business practices. In particular, for teams that are still based in China and provide services to Chinese users, they should pay special attention to the legal boundaries and criminal compliance risks of the project.
邵诗巍2025-06-18 01:39
In the previous article "Can projects go overseas to avoid the jurisdiction of Chinese law? Compliance misunderstandings that Web3 entrepreneurs cannot ignore", Lawyer Shao mentioned: A compliance misunderstanding that Web3 entrepreneurs and practitioners tend to ignore is: as long as the project is registered overseas and the server is deployed overseas, it can achieve "natural compliance". But in reality, the core of compliance always lies in the business model, capital structure and operational substance of the project itself, rather than the superficial overseas architecture. In other words, overseas registration can be used as a part of compliance, but it cannot be a shield to cover up high-risk business practices. In particular, for teams that still reside in China and provide services to Chinese users, they should pay special attention to the legal boundaries and criminal compliance risks of the project. This article will further analyze: As a developer, how to quickly determine whether a Web3 project belongs to a "criminal red line project"? We will use the four most common types of practice...
邵诗巍2025-06-16 14:28
Since the ten ministries and commissions issued the "924 Notice" in 2021, many Web3 project parties have expressed their willingness to "actively respond to Chinese supervision and stop services in mainland China" and move the main project overseas. However, as we all know, there are still many crypto companies that continue to provide services to mainland users. At the same time, many developers are considering transitioning from Web2 projects to Web3. Compared with practitioners who have been deeply involved in Web3 for many years, technical personnel who intend to enter the game often pay more attention to the legality of the project, hoping to decide whether to actually enter the game on the basis of clarifying legal boundaries and effectively controlling risks. Whether it is a Web3 technician who has already entered the game, or an engineer and development manager who is planning to transition from Web2, they will encounter a common problem when the project starts from 0 to 1: where should the project be located?
邵诗巍2025-06-15 05:31
In recent years, the voices against “distant-sea fishing” and “profit-seeking law enforcement” have been growing louder. But the three-foot-thick ice is not formed in a day. From a practical perspective, there are many reasons for this phenomenon. For example, due to financial pressure in some regions, case handlers need to “find rice to cook” and look for cases that can create economic benefits and “enforce the law for profit”. Another important reason is that my country’s criminal jurisdiction provisions are too broad. The jurisdiction provisions that “can be managed as long as it is related” have provided “distant-sea fishing” with a legal basis to support it. At the same time, since the second half of 2024, we have also seen the judicial system taking frequent actions to effectively curb distant-sea fishing, such as the “Prosecution to Protect Enterprises” special action carried out by procuratorates in various places, and the national procuratorates’ deployment of “special judicial supervision of illegal off-site law enforcement and profit-seeking law enforcement”. But the most powerful one is the new regulations issued by the Ministry of Public Security in March 2025[1].
邵诗巍2025-06-15 04:33
In criminal cases, it is often the breadwinners of the family who are arrested, and those left behind are often the mothers and elderly parents who know nothing about the case. In this panic and helpless moment, how can the family members find a reliable lawyer for their family members as soon as possible, and what should the family members do to better help the parties? How to push the case in a favorable direction? Just last week, our criminal team handled a case in which a party was charged with fraud and successfully obtained bail for the party. So let's take this case as an example to talk about it with you.
邵诗巍2025-05-30 22:30
Hong Kong, a world-renowned free port and international financial center, has a booming crypto-economic ecosystem long before the official preferential policies were introduced. Among them, virtual asset over-the-counter trading service providers (VAOTC) operating in the form of offline stores and online groups, together with native and overseas virtual asset trading service providers (VATP), provide investors with token exchange and deposit and withdrawal services, forming a unique market landscape. However, the high anonymity and borderless nature of virtual assets under blockchain technology have also opened the door to convenient illegal and criminal activities. A large number of cryptocurrency related to crime, especially stablecoins, have quietly flowed into the Hong Kong crypto-economy, bringing many problems such as capital pollution and legal and compliance risks to operators and ordinary investors. This article takes the recent experience of mainland college students going to Hong Kong to help people run errands to exchange U as the starting point, and deeply explores the damage caused by the Southeast Asian fraud industry to the Hong Kong crypto-economic industry.
邵诗巍2025-05-14 14:04
In practice, many people have such cognitive misunderstandings: Currency exchange or introduction may be illegal, but it is definitely not a criminal offense; One's own private currency exchange behavior is very concealed and will not be easily discovered by judicial authorities; Helping others to exchange currency does not make any profit, so it definitely does not constitute an administrative violation or criminal offense; Selling the only US dollars and other foreign currencies to others to earn the exchange rate difference should not be illegal; I don’t care whether my family and friends are making money through currency exchange, I just give them my bank card number for free, and I haven’t done anything illegal; The customer asked me to help introduce the channel for currency exchange, I happened to know someone, so I introduced them to each other, and I didn’t receive any money from it, so there should be no risk; So, are there any legal risks in the above behaviors? If it is illegal, how should it be defined? Is it an administrative violation or a criminal offense? Where is the boundary between currency exchange and administrative violation or criminal offense?
邵诗巍2025-05-10 12:51
In recent years, the voices against "distant-sea fishing" and "profit-seeking law enforcement" have been growing louder. But the three-foot-thick ice is not formed in a day. From a practical level, there are many reasons for this phenomenon. For example, due to financial pressure in some regions, case handlers need to "find rice to cook" and look for cases that can create economic benefits and "enforce the law for profit". Another important reason is that my country's criminal jurisdiction regulations are too broad, and the jurisdiction regulations of "anything that touches it can be managed" have provided "distant-sea fishing" with a legal basis to support it.
邵诗巍2025-05-05 00:03
In a criminal case, does the prosecutor have to prosecute the person who has been arrested in court? But in fact, this question from a deeper perspective is actually another question: Is the combination of arrest and prosecution really reasonable? How many wrongful cases have been caused by the combination of arrest and prosecution?
邵诗巍2025-04-30 03:46
Compared with traditional industries, Web3-related jobs have higher salary levels; project parties are generally overseas, so the domestic employees recruited are generally distributed offices and do not need to punch in and out. For workers, this is a high salary and freedom, which is simply the best life. However, after entering the Web3 circle, many people will learn that there are relevant regulations such as the 94 Announcement and the 924 Notice in China, which will raise a big question mark in their hearts as to whether their work content is legal in China. Therefore, many Web3 practitioners will seem to be "very stealthy". While they are surfing Web3 at high speed on the Internet, they are very secretive about their profession in public offline occasions.
邵诗巍2025-04-28 15:15
"This project was indeed organized and planned by me. I want to know how you found the manipulator behind it? As far as I understand, it is impossible for you to find me. What did you rely on?" The above are the case details disclosed by the Shen County Public Security Bureau in handling the "12.04" virtual currency pyramid scheme case. During the interrogation, the criminal suspect and pyramid scheme leader Zhang asked the police officer this question in great confusion.
邵诗巍2025-04-20 23:30
On February 9, 2025, the People's Court Daily published a case: "Overseas virtual currency investment is not protected by Chinese law". This case is one of the typical cases of foreign-related commercial trials released by the Jiangsu Provincial Higher People's Court. However, in sharp contrast to this legal warning are the myths of getting rich quickly that are not uncommon in the currency circle. A few days ago, Lawyer Shao just heard from a friend that his friend had 100,000 U on Binance and entrusted others to operate the contract, earning the equivalent of 30 million yuan in a month. Although this kind of thing doesn't sound uncommon in the currency circle, I still can't help but sigh that this person's luck is really enviable, tut tut. The investment threshold of the currency circle is high. For ordinary people, entrusting financial management and investment on behalf of others is almost a common way to participate in investment. As the saying goes: "Professional matters are left to professionals." So, what does this guiding case issued by the court mean to friends who speculate in coins?
邵诗巍2025-02-23 04:39
What should I do if I don’t have enough foreign exchange for studying abroad? Is it safe to exchange US dollars with a private person? In order to circumvent the US$50,000 foreign exchange limit per person per year, many people will seek private foreign exchange, looking for foreign exchange scalpers, underground banks, or foreign exchange companies to achieve the purpose of foreign exchange. So, are there any legal risks in private foreign exchange? Is it illegal to help friends exchange foreign exchange? If so, where is the boundary of potential legal risks?
邵诗巍2025-02-14 13:05
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