Chapter 366: It's All Because of the Difficulty of Enforcement That I've Become Like This!
When Tian Junfa joined Tengda, the first thing he learned was that being a lawyer requires not only a sharp mind but also a strong physique!
A sharp mind is for reasoning, while a strong physique ensures the idiot across the table listens to your reasoning.
So he also started learning martial arts and working out during his spare time, as Tengda has short working hours and long breaks, leaving plenty of time for these activities.
As a result, his appearance when he takes off his suit is indeed quite intimidating.
The two people across from him glanced at Old Tian, and immediately swallowed hard.
Fortunately, this is a courthouse, and the enforcement judge is sitting over there, seeing both sides are already at each other's throats, quickly speaking: "What are you going to do, what are you going to do? Lawyer Tian, calm down!"
With the enforcement judge's persuasion, Tian Junfa finally sat down.
This scene made several middle-aged women watching very excited, indeed Tengda's lawyers are reliable, look, they can even act as bodyguards at the critical moment.
The two people on the company's side are genuinely bewildered, we just refuted a bit, why are you, a lawyer, so agitated?
Everyone is just doing their job for money, acting is enough, why does it feel like you are playing for real!
The enforcement judge coughed twice, then said: "Since you're here, that means you want to resolve the issue, look at you, if you want to fight, why come to me?"
"In the end, how was it promoted back then, no one knows, now it's about how to resolve this matter, Mr. Yu, how much can your company actually come up with now?"
The man called Mr. Yu shook his head and said: "Judge Li, I can speak frankly about this, indeed there's no money, now the company's capital chain has broken."
The enforcement judge frowned upon hearing this and said: "There must be a reason for the capital chain breaking, tell me what the reason is."
Mr. Yu spoke again: "Lawyer Tian, and these ladies, you knew when you bought, our fund was using a real estate project in Lvzhou City as the investment target."
"But now, as you know, the real estate project is under a lot of pressure, over there, they still owe a pile of money, it's indeed incapable of compensation."
"If the court wants us to go bankrupt and liquidate, that's possible, but if not bankrupt, there might still be a turning point..."
"Our company is registered with the fund industry association, the fund issued and filed, all are legitimate, you can check."
"However, no one anticipated it would turn out like this, we didn't want this either, she just said we promised guaranteed earnings with no risk, Lawyer Tian, you are a professional as well, who dares to make such a promise now, report it, and it's confirmed upon investigation."
Mr. Yu spoke sincerely, both the enforcement judge and Tian Junfa frowned.
At least from the current situation, it seems there really isn't a problem, purely because the investment target of this private equity fund had issues, causing the fund issuing company unable to make compensation.
Normally, this is quite common, just like when you invest in a project, but the project loses so much that there's not even underwear left, you can't talk about dividends, even the principal will be lost.
However, the several middle-aged women don't see it that way.
"But, but you back then..."
Tian Junfa spoke up: "Wait a moment, let me talk to them."
Then Tian Junfa looked at the other side and said: "Mr. Yu, I have a question I'd like to ask you, not sure if you can answer it for me."
Mr. Yu immediately smiled upon hearing: "Lawyer Tian, feel free to ask."
Old Tian looked at the other's face and slowly opened his mouth: "Mr. Yu, you claimed this was a private equity fund, hence, by regulation, you can only raise funds non-publicly from specific investors."
"However, in this case, you actually raised funds from twenty-three people, and according to my client, during promotion back then, you held a product recommendation conference."
"So... how would you explain this?"
Old Tian didn't join Tengda just to train muscles without training his brain, he thoroughly studied Old Tang's previous cases.
Mainly grasping that kind of criminal mindset.
This question is quite deadly, the enforcement judge was eagerly watching with his chin resting on hand, also curious how Mr. Yu would respond.
It's simple, a private equity fund is non-public and targeted towards specific groups, if you publicly issued, targeted towards non-specific groups, there's a suspicion of illegal fundraising.
China's "Commercial Bank Law" states that publicly raising deposits from non-specific social masses is an exclusive business of commercial banks, subject to approval by the state banking supervision institutions.
Private equity funds likewise are disaster zones for illegal fundraising, and similarly for fund-raising fraud!
The former need not be mentioned, the criminal charge in the penal law is "illegal public deposit absorption."
Many methods exist, public promotion, then verbally or in writing promises of guarantees, repurchase, interest rates to clients, all are disguised unlawful deposits.
Fundraising fraud is another concept, here it implies the real estate project is fake, funds raised used for personal squander, that's fundraising fraud.
Hence, Old Tian this moment also started learning Old Tang's method of setting a trap, if the other side doesn't understand much in this regard, they might easily fall into it.
Mr. Yu glanced at his companion and spoke: "Lawyer Tian, firstly let me say that back then it wasn't called a product recommendation conference."