2023.12.13，警方在非法 Sky TV 流媒体调查中突袭赫特和埃塞克斯的住宅，逮捕了两人
两名埃塞克斯男子被认为是在英国各地销售非法电视订阅套餐、价值 80 万英镑的“复杂的大规模犯罪活动”的幕后黑手，现已被捕。周二（12 月 12 日），警方同时突袭了埃塞克斯郡的哈洛和奇格韦尔、赫特福德郡的沃尔瑟姆克罗斯和苏格兰拉纳克郡的住宅地址，导致这对 30 多岁的两人因涉嫌欺诈、洗钱和知识产权犯罪而被捕。他们被警方拘留接受审问，随后被保释。调查正在进行中。此次调查由东部地区特别行动小组 (ERSOU) 牵头，涉及 Telegram 频道出售未经授权访问 Sky TV 套餐的行为，这些套餐被认为已转售给数千名最终用户，使涉案者获利超过 80 万英镑。ERSOU 地区有组织犯罪部门的督察史蒂夫·佩恩 (Steve Payne) 表示：“昨天的逮捕行动是对一项复杂的大规模犯罪活动调查的一部分，该犯罪活动通过非法销售电视订阅套餐赚取了大量资金。我们从经验中得知，通过此类非法手段获得的资金往往会用于资助更广泛的有组织犯罪活动，这就是为什么逮捕涉案人员至关重要。我们还获得了购买流媒体的人的详细信息，我会提醒任何这样做的人，他们将触犯法律，并最终可能受到刑事诉讼。”
Two Essex men thought to be behind an £800,000 “sophisticated large-scale criminal operation” selling illicit TV subscription packages across the UK have been arrested. Simultaneous police raids on residential addresses in Harlow and Chigwell in Essex, Waltham Cross in Hertfordshire and Lanarkshire in Scotland on Tuesday (December 12) resulted in the pair, in their 30s, being arrested on suspicion of fraud, money laundering and intellectual property offences.
Two arrests as police raid Herts and Essex homes in illegal Sky TV streaming investigation
Two Essex men thought to be behind an £800,000 “sophisticated large-scale criminal operation” selling illicit TV subscription packages across the UK have been arrested.
Simultaneous police raids on residential addresses in Harlow and Chigwell in Essex, Waltham Cross in Hertfordshire and Lanarkshire in Scotland on Tuesday (December 12) resulted in the pair, in their 30s, being arrested on suspicion of fraud, money laundering and intellectual property offences.
A 35-year-old man was detained in Chigwell, where specialist financial investigators seized £17,000 in cash, custom streaming devices and digital devices, which were sent for further examination.
A 33-year-old Harlow man was also arrested for firearms licence breaches after two shotguns were seized.
They were taken into police custody for questioning and subsequently bailed. Enquiries are ongoing.
The investigation, led by the Eastern Region Special Operations Unit (ERSOU), relates to a Telegram channel selling unauthorised access to Sky TV packages, which are thought to have been resold to thousands of end users, earning those involved more than £800,000.
Det Insp Steve Payne, from ERSOU’s regional organised crime unit, said: “Yesterday’s arrests form part of an investigation into a sophisticated large-scale criminal operation which has generated significant sums of money through the illicit sale of TV subscription packages.
“We know from experience that the money generated through illegal means such as this often goes on to fund wider organised criminality, which is why it’s key to apprehend those involved.
“We have also gained access to the details of those purchasing the streams, and I would remind anyone doing so that they will be breaking the law and could ultimately be subject to criminal proceedings.”
Matt Hibbert, director of anti-piracy, UK and Republic of Ireland, at Sky, said: “We’re grateful to ERSOU and to the forces involved for taking this action, which will have a significant impact on the illicit sale of Sky TV.
“We’ll continue to support efforts to shut down the organised networks involved in the large-scale theft of our content and to protect consumers from the risks involved in accessing content in this way. Anyone concerned about those risks can visit BeStreamWise.com for more information.”
Illegal streaming services are increasingly operated by sophisticated criminal networks, often involved in other types of crime including cyber-crime. Using illegal streams can give criminals your personal information from which they can steal your money or identity and increases the risk of devices being infected with viruses and malware.
2023.7.28 Mrs Xiaomin Zhang（网信理财案）
The arbitration arose out of a personal Guarantee (Guarantee) given by Mrs Zhang for the benefit of Eternity Sky. The Guarantee related to a bond issue by Chong Sing Fin Tech Holdings Group Limited (Chong Sing), which was based in Hong Kong, although Mrs Zhang was resident in London. Eternity Sky subscribed for convertible bonds on the terms of a subscription agreement, which was governed by Hong Kong law and provided for HKIAC arbitration. Chong Sing was managed and controlled by Mrs Zhang’s husband, although Mrs Zhang had a 0.4% shareholding in in the company.
Chong Sing failed to redeem the bonds and defaulted. Mr Zhang also died shortly thereafter, which meant that Eternity Sky sought to recover its debt from Mrs Zhang under the Guarantee.
Mrs Zhang commenced arbitration proceedings in which she sought declarations that the arbitration agreement and/or the Guarantee were not binding or alternatively had been rescinded. Eternity Sky counterclaimed for its debt. The sole arbitrator rejected Mrs Zhang’s arguments and determined that the Guarantee was binding. Eternity Sky’s counterclaim also succeeded.
Eternity Sky subsequently commenced enforcement proceedings under s101 of the English Arbitration Act (Act) on a without notice basis, and permission was given for enforcement. Mrs Zhang applied for the enforcement order to be set aside on the grounds that enforcement would be contrary to English public policy within s103(3) of the English Consumer Rights Act 2015 (CRA) and CPR 62.18(9). She argued that she was a consumer within the meaning of the CRA and that certain terms of the Guarantee (in particular the arbitration clause, the governing law clause and clause 2 which was the core operative provision of the Guarantee) were unfair within the meaning of that Act. Eternity Sky opposed the application on the grounds that (i) Mrs Zhang was not a consumer within the meaning of the CRA because she had a real business interest in Chong Sing (ii) the CRA was not applicable because of the choice of Hong Kong law and because the Guarantee did not have a close connection with the UK within the meaning of s74(1)(b) of the CRA (iii) in any event, none of the impugned terms was unfair and (iv) even if they were unfair, enforcement should not be refused.
2023.8.7有自媒体发现已故网信大佬张振新的大老婆张晓敏因一件仲裁案纠纷上了英国《泰晤士报》
仲裁案双方分别是永恒天空投资有限公司和张晓敏女士
仲裁源于张女士为永恒天空的利益提供的个人保证（保证）。担保涉及中新科技控股集团有限公司（中新控股）发行的债券，该公司总部位于香港，尽管张女士居住在伦敦。永恒天空根据认购协议的条款认购可转换债券，该协议受香港法律管辖，并规定了香港国际仲裁中心的仲裁。中新控股由张太太的丈夫管理和控制，张太太拥有该公司0.4%的股份。
中新控股未能赎回债券并违约。张先生也在不久后去世，这意味着永恒天空寻求根据担保向张太太追讨债务。
张女士提起仲裁程序，要求声明仲裁协议和/或担保书不具有约束力或已被撤销。永恒天空反诉其债务。独任仲裁员驳回了张女士的论点，并裁定担保书具有约束力。永恒天空的反诉也成功了。
英格兰和威尔士高等法院（商事法院）判决书在这里：
England and Wales High Court (Commercial Court) Decisions
https://www.bailii.org/ew/cases/EWHC/Comm/2023/1964.html
B e f o r e :
MR JUSTICE BRIGHT
Between:
Eternity Sky Investments Ltd
Claimant
and –
Mrs Xiaomin Zhang
Receivers
David Lewis KC and Gemma Morgan (instructed by Clifford Chance LLP) for the Claimant
Philip Marshall KC, Jonathan Kirk KC, Wilson Leung and Lee Finch (instructed by McDermott Will & Emery LLP) for the Defendant
Hearing dates: 18, 19 July 2023
HTML VERSION OF HANDED DOWN JUDGMENT
Crown Copyright ©
Mr Justice Bright:
A: Introduction
1.This judgment concerns a New York Convention arbitration award, its enforcement under s. 101 of the Arbitration Act 1996, and the public policy exception under s. 101(3). The public policy exception was invoked by the losing party on the basis that she is a consumer, resident in the UK. She says that enforcement would infringe her rights under the Consumer Rights Act 2015.
2.It happens that, very shortly before this hearing, I gave judgment in another case involving some similar points: Payward Inc. v Chechetkin [2023] EWHC 1780 (Comm). That judgment featured prominently in some of the submissions made to me by the parties in this case.
B: Background
B1: Mrs Zhang, Mr Zhang, Chong Sing and Eternity Sky
3.On 8 May 2016, the Defendant (“Mrs Zhang”) put her signature to the signing-page of a personal guarantee (“the Personal Guarantee”). The beneficiary under the Personal Guarantee was the Claimant (“Eternity Sky”). The subject-matter of the guarantee comprised the obligations of Chong Sing Fin Tech Holdings Group Limited (“Chong Sing”, formerly named Credit China Holdings Limited) in relation to a bond issue.
4.The relationship between these parties can be summarised as follows:
i) Mrs Zhang was then and is now resident in London.
ii) Her late husband (“Mr Zhang”) was resident in Hong Kong (as she had been, until she moved to London in 2013).
iii) Mr Zhang managed and controlled Chong Sing and owned a significant shareholding.
iv) Mrs Zhang had no managerial involvement in or control over Chong Sing.
v) She held a shareholding in Chong Sing. Her case was that it was a small percentage which she held as a nominee for her husband.
vi) Chong Sing was incorporated in the Cayman Islands but was registered in and run from Hong Kong. It conducted its business in Hong Kong and in the PRC. It was listed on the Stock Exchange of Hong Kong (“SEHK”).
vii) Eternity Sky is incorporated in the BVI but is registered in Hong Kong, where it conducts its business.
viii) Mrs Zhang says that, prior to the 2016 bond issue, Chong Sing was already heavily indebted to the corporate group to which Eternity Sky belongs.
ix) In the course of the bond issue, Chong Sing issued and Eternity Sky subscribed HK$ 500,000,000 of convertible bonds under a subscription agreement dated 8 May 2016 (i.e., the same date as that of the Personal Guarantee) (“the Subscription Agreement”).
B2: The bond issue and the Personal Guarantee
5.The bond issue was held in Hong Kong, under the aegis of the SEHK and subject to its GEM Listing Rules. Cl. 3 of the Subscription Agreement provided for Chong Sing’s performance to be guaranteed by Mrs Zhang’s Personal Guarantee, as well as by a further personal guarantee from Mr Zhang. The formal public announcement of the bond issue on the SEHK also referred to both guarantees.
6.The Subscription Agreement provided for Hong Kong law and arbitration in Hong Kong.
7.The recitals to the Personal Guarantee referred to the Subscription Agreement, stated that the Personal Guarantee was entered into as security for the obligation of Chong Sing, and noted at (C) that it was a condition precedent to the Eternity Sky completing the transactions contemplated under the Subscription Agreement that Mrs Zhang should execute the Personal Guarantee. This made it clear that the consideration being provided to Mrs Zhang by Eternity Sky for the Personal Guarantee was completion under the Subscription Agreement – i.e., fundamentally, Eternity Sky’s payment of HK$ 500,000,000 to Chong Sing in Hong Kong.
8.The critical provisions of the Personal Guarantee for the purposes of the application before me were Clauses 2 and 17:
2023.7.19 斯塔福德郡警方发出谨防网络敲诈勒索诈骗的警告(英国)
(Staffordshire Police)Warning issued against cyber-blackmail scam
我们警告人们，当前存在针对随机人群的网络勒索诈骗，威胁称，如果不付款，就会在网上发布私密照片或视频片段。
性勒索是性和敲诈勒索的结合，涉及犯罪分子诱骗受害者以数字方式发送露骨图像，然后将其用作勒索技术以换取金钱。
犯罪分子使用虚假个人资料通过社交媒体随机联系受害者，获得受害者的信任，然后要求他们发送露骨的图像和视频。
一旦发送出去，诈骗者就会将这些照片发布在公共网站上，并威胁如果受害者不付钱，就把这些照片发送给家人和朋友。
近日，本县接连发生“性勒索”事件。自 2020 年以来，总共报告了约 300 起。
仅在今年，就有超过 100 人被骗向诈骗者汇款，他们经常被迫这样做，因为犯罪分子的虚假承诺告诉他们，发送现金将阻止不雅图像在社交媒体网站上分享。
人们报告说收到了欺诈者的电子邮件，威胁要在社交网络上发布或分享视频并要求付款。
斯塔福德郡警方调查局团队成员莎伦·里班斯警官表示：“这是一起非常令人痛心的犯罪行为，它利用了人们的脆弱性和对后果的担忧。受害者的福祉至关重要，我想向人们保证这很可能是一个骗局，他们没有什么好害怕的。
“不要因为举报而感到尴尬，也不要试图回应任何威胁或支付任何金钱。截取通讯截图，暂停关联账户，但不得删除任何内容或账户本身；请向我们报告，我们将进行调查。
“我们正在对这些事件进行调查，我们正在与国家犯罪局和国家警察局长委员会等合作伙伴密切合作，打击犯罪者。”
Warning issued against cyber-blackmail scam
08:47 19/07/2023
We are warning people of an ongoing cyber-blackmail scam currently targeting random people, which threatens to post intimate photos or video footage online if money isn’t paid.
Sextortion, which is a combination of sex and extortion, involves criminals who trick victims into sending explicit images digitally to then use them as a blackmailing technique in exchange for money.
Victims are contacted through social media at random by fake profiles. Criminals gain the victim’s trust and then ask them to send explicit images and videos.
Once they are sent, fraudsters then post these photos on public sites and threaten to send it to family and friends if the victim doesn’t pay them money.
Recently, so called ‘sextortion’ incidents have been reported in the county. Around 300 in total have been reported since 2020.
In this year alone, more than 100 people have been tricked into sending money to fraudsters as part of the scam. They are often coerced into doing so with false promises from criminals who tell them that sending cash will stop indecent images from being shared on social media sites.
People have reported receiving emails from fraudsters threatening to post or share videos on social networks and demanding payment.
PC Sharon Ribbans, part of the Investigation Bureau team at Staffordshire Police, said: “This is a very distressing crime, which preys on people’s vulnerabilities and worries about any consequences. The welfare of victims is paramount and I want to reassure people that this is highly likely to be a scam and they have nothing to fear.
“Don’t be embarrassed to report it and don’t attempt to respond to any threat or pay any money. Grab a screen shot of communication, suspend associated accounts but do not delete any content or the account themselves; and please report it to us and we will then investigate.
“Inquiries are going into these incidents and we are working closely with partners such as the National Crime Agency and National Police Chiefs’ Council to crack down on offenders.”
There are a number of ways you can protect yourself from fraudsters, including:
- Setting your social media accounts to private and restrict who can see your social media
- Don’t accept requests of strangers or send explicit photos or videos online. They can never be recovered
- Don’t engage in conversation with these scammers and under no circumstances pay any money. If you do, they will likely continue to harass you and ask for more
- Report any accounts immediately to the social media site they are using to prevent other victims and so the account can be closed down
- Never send personal information online to someone you do not know.
You can report any crime through our Live Chat function on our website – www.staffordshire.police.uk, or call 101.
For further information about online safety you can also visit:
发表回复