[3] Precious Metal Trading Fraud Leads to Total Loss; Lawyer Skillfully Obtains Evidence for Full Compensation

[5] In March 2013, Ms. Chen, persuaded by staff of Guoyinda Company, opened a trading account at the Kunming Precious Metals Exchange without completing the account opening procedures. However, less than a month later, the trading software provided by Guoyinda Company malfunctioned, preventing any operations. Although the system recovered on its own after three days, Ms. Chen found that her 300,000 yuan in trading funds had been completely lost. Furious, Ms. Chen sued Guoyinda Company, which denied all responsibility, and entrusted the legal team of Wang Tengfeng from Guangdong Zhiming Law Firm to handle the case.
[6] After analyzing the case, Attorney Wang Tengfeng believed that Guoyinda Company, by opening a live trading account for Ms. Chen without completing the account opening procedures and inducing her to engage in live trading, had committed financial irregularities and fraud against the client. However, it was puzzling how Guoyinda Company, without the necessary procedures, could directly open an account for Ms. Chen to trade, and how it obtained approval and permission from the Kunming Precious Metals Exchange. In response, Attorney Wang boldly speculated that Guoyinda Company might have fabricated Ms. Chen's "account opening documents" to deceive the Kunming Exchange into granting platform trading account access.
To this end, Attorney Wang Tengfeng first, after the initial court session began, requested the People's Court to obtain Ms. Chen's account opening materials from the Kunming Exchange by virtue of its authority. Next, he applied for a judicial document examination of Ms. Chen's signature on the "Account Opening Application Form" in the aforementioned materials. Subsequently, the Guangdong Nantian Judicial Appraisal Institute confirmed through document examination that the signature of Ms. Chen on the "Account Opening Application Form" was not her own, thus verifying Attorney Wang Tengfeng's reasonable speculation. Finally, in his representation opinion in this case, Attorney Wang Tengfeng argued that the precious metals trading market experiences significant fluctuations, with high profit and risk, making it difficult for non-professional individual investors like Ms. Chen to control. Therefore, Guoyinda Company, without signing an account opening notice with the plaintiff Ms. Chen, opened a trading account for her on the Kunming Precious Metals Exchange, resulting in a loss of 300,000 yuan for Ms. Chen. Its actions constituted a clear fault and should compensate Ms. Chen for all her losses.
After careful planning by Attorney Wang Tengfeng, the originally eloquent and talkative legal representative of Guoyinda Company was left speechless. Ultimately, the People's Court agreed with Attorney Wang Tengfeng's representation opinion, ruling that the defendant Guoyinda Company should compensate the plaintiff Ms. Chen for all her losses of 300,000 yuan and pay all litigation costs.