CRIMINAL LAW Whats civil here may be criminal

CRIMINAL LAW? !? !? ! What’s civil here may be criminal there. PAGE 1

CRIMINAL LAW EXAMPLE 1 There is a sale of product. The Chinese party complains that the product is defective. The foreign seller insists the product meets standards and it is the buyer’s own processing that caused the problem. This normal business dispute may be transformed into the crime of sale of defective products.

CRIMINAL LAW EXAMPLE 2 § A Chinese company pays a substantial deposit to a foreign service provider to develop a sophisticated market access program for Poland. § There is a dispute over the quality of the service provided by the foreign provider. The foreign provider does not collect the remainder of its fee, but refuses to refund the deposit. § This normal business dispute may be transformed into the crime of contract fraud. PAGE 3

CRIMINAL LAW EXAMPLE 3 § A Chinese company insists on a guarantee of payment from a foreign seller through deposit of promissory notes issued by a foreign party. § When the Chinese party attempts to collect on the notes it cannot do so due to banking regulation or some other matter. § The foreign seller does not make alternative arrangements for payment § This normal business dispute may be transformed into the crime of financial fraud. PAGE 4