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anchor momo was detained for extortion. was her lawyer hired by three sheep? lawyer's interpretation

2024-09-14

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reporter | cao wei

recently, the online quarrel between simba and sanzhiyang, two top anchors, has attracted public attention. at the same time, the incident has also attracted widespread attention to the whereabouts of momo, an anchor under sanzhiyang.

xiaoxiang morning news (wechat id: xxcbcsp) reported that after the incident, some netizens posted comments saying that after momo joined the three sheep company, she was arranged to be the lover of lu wenqing, the co-founder of the three sheep company. later, his wife found out and momo demanded compensation. the three sheep company's legal department collected evidence and momo was arrested for suspected extortion. lu wenqing later said it was a rumor.

according to multiple media reports, momo's arrest was related to xiao yangge and she is currently being held in a detention center in hefei. momo's former boss, the self-media blogger "妖怪zzzaigc" zhu xudong, frequently posts news related to the case online. recently, zhu xudong posted an article accusing momo's family and claiming that momo's lawyer was hired by three sheep.

the lawyer said that the lawyer's commission should be made by the suspect or his close relatives. if the revelations are true, this practice is against the law. even if the victim or his company provides funds or recommends lawyers, such behavior may involve conflicts of interest. according to my country's lawyers law and relevant industry regulations, lawyers should avoid conflicts of interest when representing cases.

the former boss reported: momo's lawyer was hired by three sheep

the conflict between simba and three sheep was caused by the sale of hairy crabs. simba blasted the business model of three sheep on the internet and broke a number of news, such as that three sheep set up a scheme to "send" anchor momo to jail, and that lu wenqing was sentenced to probation for brushing orders, etc., which aroused public attention.

after simba's revelations, some netizens commented that after momo entered the three sheep company, she was arranged to be the lover of three sheep's co-founder lu wenqing, who later discovered this. momo demanded compensation and the three sheep company's legal department collected evidence. momo was arrested on suspicion of extortion.

momo's photo. screenshot of online video

lu wenqing, co-founder of three sheep, once hid his douyin account, but later opened it to respond to many questions. he said that he had indeed taken a detour, and that online rumors about his problems with a certain lady were rumors. he also said that three sheep had not been punished for selling the involved preserved pork with preserved vegetables products. however, three sheep has not yet publicly responded to the question of momo's whereabouts.

after this incident attracted attention, a person who had worked with momo spoke out to confirm that momo had indeed been arrested. this person was momo’s former boss, the founder of zhengyi group, zhu xudong, also known as “monster zzzaigc”. he said that after his investigation, momo’s case had nothing to do with lu wenqing, but with “crazy little brother yang” zhang qingyang.

lu wenqing responded to the rumors. screenshot from the internet

zhu xudong said that he and momo met in april 2023 and worked together for two months. during this period, momo had contact with three sheep and decided to go to three sheep in june. according to the founder of three sheep, brother xiao yang (zhang qingyang), he was also an entertainment anchor before founding three sheep. he had played pk with momo. at that time, brother xiao yang's number of fans was not as good as momo's. other anchors were unwilling to connect with him, but momo was willing.

zhang qingyang and momo's earlier live broadcast. screenshot from the internet

zhu xudong said that after momo decided to go to three sheep, he transferred 5,200 yuan to momo as financial aid, and had also advanced 50,000 yuan of salary to her.

zhu xudong revealed that momo's financial situation was not very good at the time, because in order to terminate the contract with the former agency, there was a breach of contract fee of 1 million. after paying part of it, she still owed hundreds of thousands.

but unexpectedly, just a few months after momo joined three sheep, she lost contact, and her douyin account has not been updated for 9 months.

zhu xudong said that after simba's call attracted the attention of the whole network, he began to try to find out the real whereabouts of momo. because he had advanced momo's salary of 50,000 yuan, he began to entrust a lawyer to sue momo, and found out momo's whereabouts through the court. he also verified that momo had indeed been detained in hefei. at the same time, another man was involved in the case.

zhu xudong also revealed that he had contacted momo's family, but the other party failed to cooperate subsequently, and the two sides even had an unpleasant argument.

"when i was communicating with his family, i kept scolding them... the funniest thing is that when they were communicating with me, they were most afraid of losing face in the village..." zhu xudong accused momo's family on the internet. at the same time, he revealed that momo's parents did not hire a lawyer for momo, and the so-called lawyer was paid by the three sheep. he also said that he was willing to bear legal responsibility for his remarks.

screenshot of the post by "妖怪zzzaigc"

according to news reports, momo's uncle said in an interview, "because momo is in their hands now, we dare not do anything. last year, my second brother and his wife (momo's parents) went to hefei (to find xiao yang), and the security guards would not let them in. now these few days (because the incident was exposed and became a hot topic), they are anxious and call me four or five times a day."

momo's family said that they had reached an agreement with the other party (three sheep), but because the douyin internet celebrity "妖怪zzzaigc" exposed the family's private chat audio, the other party (three sheep) regretted it again, "internet celebrities are seeking traffic and have no bottom line."

a reporter from xiaoxiang morning news consulted three sheep network technology about this matter but has not received a response yet.

lawyer's interpretation: if it is true that the law is violated

if the news is true, the victim in this case is brother xiao yang, and the suspect's lawyer was hired by the three sheep group, of which brother xiao yang is the legal representative. does this behavior comply with the law?

liu kai, a lawyer at beijing zhongwen (changsha) law firm, said that in a criminal case, lawyers can intervene at the investigation stage to provide legal advice to suspects, apply for bail pending trial, and represent suspects in appeals when necessary. according to article 34 of the criminal procedure law of the people's republic of china, suspects have the right to entrust lawyers after the investigation agency conducts the first interrogation or takes compulsory measures.

criminal suspects have the right to appoint a defense counsel from the date of their first interrogation by the investigation agency or the date of the adoption of compulsory measures. during the investigation period, only lawyers can be appointed as defense counsel.

in terms of procedure, criminal suspects or their immediate relatives can choose and appoint a lawyer. if criminal suspects or defendants are in custody, their guardians or immediate relatives can also appoint a defense lawyer on their behalf.

after accepting a commission, a lawyer needs to submit authorization procedures such as a lawyer's practice certificate, a law firm certificate, and a power of attorney to the authority handling the case, and inform the relevant agency of his or her identity and commission.

at the same time, liu kai said that the lawyer's commission should be made by the criminal suspect or his close relatives. if the revelations are true, the victim xiao yangge or his controlled company three sheep's behavior of hiring a lawyer for the suspect momo is a violation of the law. even if the victim or his company provides funds or recommends a lawyer, such behavior may involve conflicts of interest. according to my country's lawyers law and relevant industry regulations, lawyers should avoid conflicts of interest when representing cases. especially in criminal cases, such an arrangement is not recommended at the level of legal ethics and will affect the fairness of the case.

on the other hand, if the content published by a self-media blogger is untrue, the blogger may be subject to civil liability, administrative penalties, or even criminal liability. first, the victim can file a civil lawsuit to demand cessation of infringement, public apology, and compensation for losses; second, according to the provisions of the "public security administration punishment law", if someone openly insults others or fabricates facts to slander others, the public security organs may impose administrative penalties such as detention and fines on him; third, if someone fabricates facts to slander others, if the circumstances are serious, he may be sentenced to fixed-term imprisonment of not more than three years, detention, control, or deprivation of political rights.

therefore, self-media bloggers should bear corresponding responsibilities when publishing unverified information, especially when it comes to criminal cases, they need to be extra cautious to avoid legal consequences.