Winston Y.Q. Zhang

Winston Zhang is a partner at Yuanda, specialized in criminal defense, criminal reporting and prosecution, corporate risk prevention, and compliance programs, with profound knowledge of criminal legal theories and experience in the handling of criminal cases.

Winston served in a provincial People’s Procuratorate for seven years. During that time, he handled more than one hundred criminal cases, including functionary crimes (e.g. embezzlements and briberies) and economic crimes (e.g., contract frauds, fraudulent fund-raisings, and trade secret misappropriations).  Recognized for his outstanding performance, Winston won the Jiangsu Province May-1st Labor Medal  and was named as a Youth Post Expert, among other heavyweight honors.

Winston has handled numerous cases of great significance and complexity, including an embezzlement and bribery case involving the chairman of a commercial bank’s head office; a bribery and abuse of power case involving the president of an intermediate People’s Court; a joint bribery crime involving the wife of a Municipal Public Security Bureau director; an alleged RMB60+ million contract fraud in Shanghai; the first mafia-related criminal case in a county-level city in Nanjing; an extraordinarily serious internet fraud in a city in the Guangdong province; a “Red Notice” case, just to name a few.

Winston is highly regarded in the legal profession for his profound understanding of legal principles, extensive first-chairing experience, analytical thinking and acute judgment, outstanding trial skills, as well as his effective approach to case-handling.  He is a member of the Criminal Procedure Law and Criminal Defense Committee of Shanghai Law Association.

Experience

Criminal Defense – Cases of Innocence

  • Represented the wife of the chairman of a provincial state-owned enterprise in Jilin Province in successfully defending against accusations of taking bribes and winning a non-prosecution decision from the Shanghai Procuratorate.
  • Represented an employee of an “Internet celebrity bread” shop in Shanghai, who was accused of producing and selling fake and inferior products. After defense, the Shanghai Procuratorate made a non-prosecution decision.
  • Represented of the suspect of an alleged contract fraud involving an amount of more than RMB60 million. After defense, the district bureau of Shanghai Procuratorate made a non-prosecution decision.
  • Represented a Chinese company in defending against allegations of offering bribes After defense, the court withdrew its investigation of the company for criminal liability by the end of guaranteed pending trial.
  • Represented an individual accused of selling counterfeits in Shanghai. After the defense, the Procuratorate rejected the arrest, and the authority terminated its investigation of that individual for criminal liability.
  • Represented an individual accused of committing bribery in Shanghai. After the defense, the authority revoked the case, and that individual was not investigated for criminal liability.
  • Represented an individual accused of committing environmental-pollution crime in Zhejiang Province. After the defense, the Procuratorate made a non-prosecution decision and did not to pursue criminal charges.
  • Represented an individual accused of selling goods with fake trademark in Jiangsu Province. After defense, the Procuratorate made a non-prosecution decision and did not pursue criminal charges.

Criminal Defense – Reduced Liability

  • Represented an individual accused of illegal trade of guns in Zhejiang. After defense, the court sentenced to the defendant exempted from criminal punishment.
  • Represented an individual in an extraordinarily serious Internet fraud case in Guangdong who was accused of committing a fraud of RMB70 million. After defense, the alleged fraud was determined to be ill-founded, and that individual received a reduced charge and significantly lessened punishment.
  • Represented the president of an intermediate People’s Court in Liaoning Province (department level) who was accused of accepting bribes and abuse of power. After defense, a great portion of the bribery charge was reduced.
  • Represented an individual accused of committing a million-RMB fraud in Shanghai. Winston intervened upon the approval of arrest and, after defense, persuaded the Procuratorate to amend the charge to illegal business operation, successfully applies for a detention necessity review, and secured a reduced sentence to probation.
  • Represented a deputy mayor of Jiangsu Province, who was accused of and prosecuted for taking bribes of more than RMB1.1 million. After defense, the court finally determined that the amount of bribery be reduced by nearly RMB600,000.
  • Represented an individual accused of falsifying VAT receipts of millions of RMB in Jiangsu Province. Winston intervened upon the approval of arrest and, after defense, secured a reduced sentence to probation in court.
  • Represented the actual controller of a company in Shanghai who was accused of committing a fund-raising fraud involving billions of RMB. After successful defense, the charge against the client was amended to crime of illegal deposits from public crimes.
  • Represented a shareholder and senior executive of a Chinese company who was accused of smuggling ordinary goods of more than RMB7 million in Zhejiang Province. The client had been approved for arrest and, after defense, was given a suspended prison sentence.
  • Represented an executive of a Shanghai company who was accused  of illegally taking public deposits of more than RMB5 billion. After being approved for arrest, the client was sentenced to probation after defense.
  • Represented an individual accused of fraud in Jinlin Province. The original sentence was seven years and six months. Upon appeal, the court overruled the original judgment and remanded the case to the court of first instance for a retrial.
  • Represented an individual accused of committing a contract fraud involving tens of millions of RMB and embezzlement of funds (under the supervision of the provincial inspection group). After defense, the Procuratorate agreed to the opinions of the defendant’s counsel and did not press charge against and prosecute the contract fraud.

Other Cases

  • Represented an individual on the “Red Notice” in defending against charges of official embezzlement.
  • Represented the director of the agricultural office who was charged with the crime of embezzling state-owned assets, embezzlement, and bribery(under provincial inspection group supervision);
  • Represented the chairman of a commercial bank’s head office who was charged with corruption and taking bribes.
  • Represented a large trading company in alleged smuggling of ordinary goods valued at nearly RMB10 million.
  • Represented the actual controller of a Chinese company who was accused of committing a fund-raising fraud of RMB1.95 billion.
  • Represented the actual controller of a Chinese corporate group who was accused of illegally taking more than RMB5.3 billion deposits from the public.
  • Represented an executive of a Chinese company who was accused of illegal taking more than RMB2 billion deposits from the public.

Accolades

  • Won the Jiangsu Province May-1st Labor Medal and named as a Youth Post Expert

Activities

  • Member of the Criminal Procedure Law and Criminal Defense Committee of the Shanghai Lawyers Association.