• 2023 GRCD China Compliance Award: Outstanding Compliance Lawyer in the Criminal Law Field The legal team led by attorney Wang Weining successfully handled the case of J., who was suspected of embezzling nearly 100 million yuan through his official position. The local procuratorate adopted the lawyers' legal arguments and decided not to approve J.'s arrest.
Case Summary
In 2012, the company founded by the individual involved had already reached a market value of nearly one billion. To ensure a smooth IPO, the individual established strategic investment partnerships with leading companies in the industry and entered into a "betting agreement." To meet the terms of this agreement, the individual used personal funds, channeling them—via a closely controlled affiliate company and its associated accounts—into the firm as "profits." Later, however, facing challenges in providing guarantees for the company, the individual transferred nearly 100 million yuan from the company to settle outstanding debts. After investors became aware of this situation, the two parties signed a memorandum of understanding, explicitly clarifying that the 100 million yuan represented a debt owed by the individual to the company.
Eight years ago, public security authorities launched an investigation, which was later left unresolved as a "suspended case." This year, however, they finally took coercive measures against the individual involved. Authorities believe the person transferred nearly 100 million yuan from the company’s account, an act they characterize as embezzlement of official duties, and thus argue that criminal responsibility should be pursued.
Lawyer Wang Weining's team was entrusted by the family when the client had been in criminal detention for 20 days. Immediately after the public security authorities submitted a request to the procuratorate for approval of an arrest, they provided a legal opinion letter along with extensive evidence. Ultimately, the procuratorate accepted the lawyer's advice and decided not to approve J's arrest.
After a thorough legal analysis and extensive legal research, we have developed a perspective on this case that differs from both the client’s and the family’s views.
Before Wang Weining's legal team got involved
Before lawyer Wang Weining's team got involved, the family's primary concerns were focused on: 1) the ultimate destination of the 100 million yuan in funds; and 2) whether the settlement memorandum signed by the client could effectively serve as a defense.
After Attorney Wang Weining's team stepped in
After the legal team led by Attorney Wang Weining stepped in, they suggested that this case should be examined from a different perspective, as continuing to follow the investigative approach taken by the public security authorities may not be appropriate. Specifically: 1. The public security authorities initiated their investigation into this case eight years ago, yet this year they still imposed coercive measures on Mr. J. This clearly indicates that the authorities have thoroughly considered the contents of the Memorandum of Understanding—but concluded at this stage that it no longer provides sufficient grounds for mounting an effective defense. 2. Since funds are not specific items, it’s challenging to trace the exact flow of money in and out of accounts. As fungible assets, their nature requires us to assess how the funds were used holistically rather than focusing on individual transactions. 3. Particular attention should be paid to the fact that the parties involved utilized their own personal funds to generate “profits” for the company, effectively helping it meet its contractual performance targets. This clearly highlights the issue of commingling of assets and accounts in this case. 4. Regarding the issue of asset commingling, further verification is needed to determine whether the amount of personal funds transferred into the company exceeds the amount withdrawn. 5. Efforts should be made to actively gather evidence supporting both asset and account commingling, while simultaneously conducting thorough legal analysis and reviewing relevant case law to formulate a well-reasoned legal opinion.
Lawyer Wang Weining's team, with their meticulous case strategies and highly refined working style, Over the course of two weeks, I met with the client four times, visited the client’s company multiple times to carefully review and organize evidence, and ultimately sifted through hundreds of documents and bank statements to identify key pieces of favorable evidence. Based on this thorough analysis, I promptly prepared a legal opinion and submitted it to the prosecutor’s office, successfully helping the client secure their release on bail pending further investigation. This achievement not only highlights the legal team's professionalism and relentless dedication in handling complex commercial, civil, and criminal cases with overlapping issues, but also underscores the power of judicial fairness.
Looking ahead, Attorney Wang Weining's team will continue to uphold the principles of professionalism, rigor, and responsibility in handling cases, striving to secure the legitimate rights and interests of our clients while delivering high-quality, top-tier legal services.
Lawyer Profile
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Wang Weining
Beijing Xinglai Law Firm
Deputy Director, Founding Partner
Doctor of Laws from Peking University. Member of the Criminal Law Committee of the 10th National Lawyers Association of China; Deputy Director of the Criminal Law Committee of the 12th Beijing Lawyers Association; Independent Director of Peking University Pharmaceutical (000788); Visiting Scholar at Cornell University and the University of Chicago; Deputy Secretary-General of the Peking University Financial Alumni Association; Director of the Beijing Society of Criminology; and Director of the Beijing Association for Comparative Law, among other roles.
As an expert lawyer in criminal and criminal-civil intersectional practice, Attorney Wang Weining has long been dedicated to providing clients with comprehensive, specialized criminal legal services. Leveraging her extensive hands-on experience across diverse fields—including finance, securities, listed companies, intellectual property, taxation, environmental protection, and international criminal justice assistance—she has successfully delivered professional legal support to numerous listed companies, major state-owned enterprises, and businesses. She particularly excels at offering integrated criminal, administrative, and criminal-civil cross-disciplinary legal solutions in complex and challenging cases, while also cultivating deep expertise in areas such as corporate crisis management, environmental protection, financial securities, computer networks, and intellectual property.
Honorary Awards:
• 2025 LEGALBAND China's Top Lawyers Ranking: Compliance, White-Collar & Business Crime
• Top 15 on the 2025 LEGALBAND China Lawyers Special Recommendation List: White-Collar and Business Crime
• 2024 LegalOne Rising Star: Business Crime
• 2024 Law360 Under 40 Elite (China Region Ranking)
• 2024 Law & Business Media’s 2024 Brand Star in the Energy, Environment, and Natural Resources Sector: Leading Lawyers
• 2024 LEGALBAND Elite List: Top 20 Dispute Resolution Lawyers
• 2024 LEGALBAND China's Top Lawyers Ranking: Special Recommendation in the Compliance Field
• Top 15 on the 2024 LEGALBAND China Lawyers Special Recommendation List: Business Crime & Criminal Compliance
• 2023 "Commercial Law" – "The A-List Legal Elite: China Business Law Leaders"
• 2023 GRCD China Compliance Award: Outstanding Compliance Lawyer in the Criminal Law领域
• Top 15 on the 2022 LEGALBAND China Lawyers Special Recommendation List: Business Crime & Criminal Compliance
Business areas:
Emergency handling of significant risks, crime prevention and defense, as well as litigation representation in cases involving the intersection of criminal, civil, and administrative law.
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Chen Yujie
Beijing Xinglai Law Firm
Lawyer
Doctor of Jurisprudence (J.D.) from the University of Sydney. Holds both Chinese legal practice qualifications and Australian New South Wales legal professional accreditation. Has represented clients in numerous criminal cases involving corporations and entrepreneurs, as well as cases of official misconduct. Additionally, has provided comprehensive and specialized compliance services to several large state-owned enterprises.
Business areas:
Criminal defense and handling of cases involving the intersection of criminal, civil, and administrative law
Beijing Headquarters Address: No. 8 Jianguomen North Avenue, Dongcheng District, Beijing 17th Floor, East Wing, China Resources Building
Wuhan Branch Office Address: Room 1001, 10th Floor, Huangpu International Center, Jiang'an District, Wuhan City, Hubei Province
Layout: Wang Xin
Review: Management Committee
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