A Tanzanian client encountered malicious breach of contract and fraudulent conduct during the performance of a cross-border sales agreement with a Chinese merchant. The client was unable to reclaim the payment and faced significant obstacles in pursuing cross-border remedies. In response, the client engaged the Yingke Foreign-related Legal Services Center to provide comprehensive legal assistance.
Upon accepting the engagement, the Yingke Jinan Foreign-related Legal Team developed a dual-track strategy tailored to the particularities of cross-border commercial disputes and the procedural requirements of cases involving foreign nationals:
criminal complaint + civil negotiation.
The team conducted a detailed review of the contract, payment records, and communication history, successfully identifying the “intent of illegal possession,” the core element of fraud under Chinese criminal law.
A complete and coherent chain of evidence was constructed, followed by the drafting of a professional and well-substantiated criminal complaint.
Yingke lawyers communicated repeatedly with the local public security authorities regarding issues such as jurisdiction, the determination of criminal conduct, authentication of foreign identity documents, and the evidentiary value of cross-border materials. These efforts ultimately facilitated the smooth initiation of a formal criminal investigation.
Meanwhile, to safeguard the client’s interests to the greatest extent, the team simultaneously launched a negotiation process. Supported by solid legal grounds and the pressure generated by the ongoing criminal procedure, the lawyers engaged in multiple rounds of negotiation with the counterparty, clearly outlining their legal liabilities and potential consequences.
As a result, the parties reached a settlement far exceeding the client’s expectations, enabling the Tanzanian client to recover all financial losses and avoid the lengthy timeline and uncertainty of cross-border litigation.