Source: Lawyer Liu Honglin
Because I am deeply engaged in legal services in the Web3 industry, I come into contact with the magical experiences of friends in the currency circle every day. They all say that art comes from life. The love and hatred in the currency circle are much more exciting than novels.
Two days ago, there was news on the Internet platform. It roughly means that a certain airdrop studio accepted the entrustment of investors to roll wool. After many days of hard work, the results were quite fruitful. The result was in a certain wool Just as the funds on the exchange began to be monetized, the relevant person in charge of the studio came to a shocking surprise, saying that the project tokens in his wallet had been hacked by hackers. This immediately caused the early investors to panic. They thought that their investment this time would be ten times higher, but unexpectedly, all their principal was lost.
Stories like this are not uncommon in the currency circle.
The wealth effect in the currency circle is due to the manipulation of P-picture masters in WeChat Moments and Twitter, as well as the legends of so-and-so getting rich overnight, making many friends outside the circle envious. However, there are too many doors in the currency circle, and there is no way to operate or find the wealth password, so many good relationships have been created to help people operate on their behalf.
The usual situation is that after being introduced by relatives and friends or N friends, the veteran currency circle accepts the entrustment of investors to help them manage virtual currencies or invest in blockchain projects. .
Because they are all acquaintances, the formation of the investment relationship and the investment process will not be too formal. You may make a few phone calls or chat on WeChat a few times, and then start valeting. Financial management operations. In terms of profit distribution, there are models that adopt a management fee + profit sharing model, and there are also models that have no management fee but the trader takes the lion's share.
Although everyone knows that investment activities related to virtual currencies are legally invalid in China, it doesn’t matter if they can’t resist the temptation of the dream of getting rich.
It’s okay if the project makes money, but it’s a bit troublesome if the project loses money.
Lawyer Honglin has received many bizarre stories about helping friends invest in virtual currencies. In order to protect the information of relevant parties, some plots have been desensitized, so friends do not need to take their seats.
For example, some people said they wanted to invest in project A, but the trader suddenly changed their investment preferences and invested heavily in another project B that they were optimistic about. Unexpectedly, they made the wrong bet, and project A soared. , increased dozens of times in one month, but Project B suffered a huge loss. The investors were happily preparing to have a good New Year, but when they called and found out the truth, they couldn't help but curse. After all, they had lost millions out of thin air.
It also happened that after the investor gave the money to the trader, a few days later the trader was called by the police uncle to drink tea. The reason was that the project at hand of the trader involved a capital disk project, and he happened to call The main force of single. As a result, all the funds in the hands of the trader were detained by the police, and the case was immediately dealt with while it was still in the public security stage. The probability of getting the investment money back was almost zero.
If the love-hate relationship between the above two investments is a problem caused by the competent operation of the investment trader, investors may still have some reasons to find the trader to recover some assets. The saddest thing is that you don't know who to blame for this.
A friend told me his sad story before. A friend introduced him to an overseas project. But not long after the project was invested, the middleman said that all the virtual coins in the account were stolen. The reason is that he saw the staking mining activity in the Telegram group, and thought that it would be better to earn some interest if the funds were idle, so he clicked on the link. Who would have thought that all the assets in the wallet would be gone in one night. The loss of assets including investors amounted to tens of millions. Based on the morality of the world, the trader was willing to compensate him 10%. He also admitted that the most he could pay him was this much, but he really couldn't afford any more.
My friend asked me if I had any good ideas? I asked him if you had signed a contract at that time? He said no, he was introduced by an acquaintance. After chatting at the party, he thought the young man was good and transferred the money directly. I said you should take it back a little first. As for whether the subsequent money can be recovered, it really depends on fate.
Normally speaking, if virtual currency is stolen, you can call the police, because from the perspective of criminal law, the property value of virtual currency is protected, but many friends are worried that they will call the police. It is not cost-effective to become a practitioner of illegal financial activities once the matter of managing money on behalf of clients comes out. So when this happens, most of the things that are within the scope of the compensation ability are settled by gritting one's teeth and discussing the amount of compensation with investors. Anyone with this kind of attitude can be regarded as having high professional ethics in the currency circle.
The funds in the investment project were directly stolen by hackers. In this case, do you think the trader was at fault? It seems that there is, after all, it was his mistake. But the point is that the proof of this is embarrassing. If the trader really never mentions this matter and just says that his assets have been stolen, he may not be held responsible if he goes to court.
Whether the court will accept such a case is a question. After all, the current trial situation of most cases involving virtual currency in China is: This matter is against public order and good customs, the contract is invalid, and the risk is at your own risk. But it is a bit of a stretch as to which party the "self" that we assume belongs to.
Having said so much, I would like to summarize and give a few words to friends who participate in virtual currency investment.
1. As an investor: If you are looking for someone to invest in virtual currency, whether it is buying coins or participating in any project, it is recommended to sign the entire contract and put everything in order. Write it down clearly, write down the coin receiving address clearly, explain clearly the profit and loss sharing of the project and how to solve unexpected events. Don’t be embarrassed. We are all adults. It is good for everyone to have a contract. Although this contract is most likely to be invalid in China, an invalid contract can also make investors You make up for some of your losses.
2. As a distinguished Nasdaq virtual currency trader:Although we do not have nationally recognized trading qualifications, we still need to have basic professional ethics and risk control awareness. On the one hand, the customer’s money must be kept clean, not everyone can take the money, so don’t launder your own money if you fail in financial management;More efforts should be made on the safety of funds, safety Awareness is even more necessary. You can get two more cold wallets if they are not expensive. Don’t mess up the links and don’t get too carried away with projects that are too CX. Only by winning steadily can this business last longer. Similarly, it is also recommended to sign a contract with the investor for large-amount project investment. Although the contract is usually invalid, it can at least explain the nature of the matter clearly. If something unexpected happens, try to Try to handle things within the scope of civil disputes. This advice is worth millions. Please be sure to like, save and forward it to your friends in need.
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