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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25984
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can I be arrested me giving a false university degree

Customer Question

can I be arrested me giving a false university degree
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

To whom did you give a false university degree? What did you do? Was that in China or in the US? Please give more details so that I can answer your question.

Customer: replied 1 year ago.
I think it is the right decision for you to be back to USA. Following the Chinese tradition of respecting the elder, I tried to be nice to reject you using age as an excuse. However, you following emails taught me that tolerant is not the right strategy but to encourage your fraudulence behavior.
I have to admit that your story did blind me at the very beginning. But I started to doubt everything you told me when we met. I contacted the Harvard University later. It turned out that the copy of your degree and transcript from Harvard University are forged.
I don’t know how many Chinese people like me has been fooled by you, but we are not so stupid. I have informed your case within the Chinese university network. Meanwhile, I will report to the Exit and Entry bureau on your case. We will assist Exit and Entry Bureau to make sure that no other university or company will be played by you.
What is more, if we find any false comment or information delivered by you may cause a detriment of the reputation of University, we reserves all rights to pursue our legal responsibilities based on the Chinese laws, including suing you.
I have you can have a wonderful time back home
Expert:  Zoey_ JD replied 1 year ago.

Thank you for the reply, but I still need more information.

Claiming to have a degree you don't have and showing phony documents which claim you have that degree is a form of fraud. Fraud may be a crime, depending upon what you gained from the unlawful act.

Who is the person who sent you that message -- not his or her name but his position. What did you do? That is, why did you give him the false papers? I do not thing you would be arrested for this, but I need to understand more clearly what you did and why.

Customer: replied 1 year ago.
I am glad that you admitted what you have done. You said you didn’t hurt anyone, which is not the truth. You ruin the trust of Chinese people. We welcome anyone who like China to stay in China but not in a way to utilize the kindness of Chines people. I believe American cannot tolerate such behavior if a Chinese doing that in US.
I have spent many years in US and I consider US as my second hometown. Unfortunately, some American’s behavior in China ruined my trust and faith on American people.
Because this is not some simple transaction between you and me, but between you and our school. and the order to report to the bureau is given by the vice dean. I cannot make decision at this moment. The only thing I can do is to transfer your request to the deans and see whether they willing to change the decision. The only thing I can promise you at this moment is I will hold my report to the Bureau until the deans of the school make their final decision on whether to change the decision to report you to the bureau.
My personal suggestion, if you are willing to return the fees we paid to you, it may help change the nature of the case.
Expert:  Zoey_ JD replied 1 year ago.

I am sorry but you are not answering my questions.

Did you show false papers in the US or in China? Is this person writing to you in the US or in China? Did you try to get admitted to a Chinese university using false American documents? Or did you try to get admitted to a US university using false American documents.

Customer: replied 1 year ago.
I used false documents to do a seminar for this University they paid me to do the seminar it is in China not USA they got false documents I sent to them this person is in China and works for the University they said if I pay them the money back given
them they might think not telling on me . I asked them for a letter confirming if i give them the money back theta they would not inform anyone of this including the exit and entry Bureau in China did you not read what they said I send itWhat kind of letter should I ask them for if i return the money to them what do i need to have so if they do report it i can show all moneys where refunded and they lied about not saying anything to anyone, I need to have a letter from them what should the letter say addressed to me if i return any and all moneys
Expert:  Zoey_ JD replied 1 year ago.

Thank you.

Unfortunately, JustAnswer does not have lawyers who practice in China. But if you obtained money from a Chinese university by using false documents, that is a prosecutable offense and they are entitled to report it.

I cannot tell you what sort of letter, if any, would please the Chinese courts. In the US a complainant would be allowed to prosecute you even if you returned the money and even if he agreed not to prosecute you if you returned the money. I do not know if that is true in China.

You need to find yourself a local lawyer in China who could help you with the terms of a letter. At the very least, however, you would want a letter from them specifically acknowledging your return of the money they paid you.

Customer: replied 1 year ago.
Can you send me a type of letter that i can send them , stating that the money paid has been refunded and they agree not to inform anyone of this including the entry and exit Bureau in China I need some sort of letter o send to them in some way to protect myself especially here ion China , I do not wan to con act a china lawyer at this time oily if they dont agree on the letter
Expert:  Zoey_ JD replied 1 year ago.

I am sorry but I cannot draft a letter for you which can be used in China. As I have said, I am not a Chinese lawyer and I do not know what a letter would have to say to offer you any protection under Chinese law. JustAnswer does not have lawyers who are licensed to practice in China

Customer: replied 1 year ago.
ok then give me a letter you would send inUSA i cannot afford to hire a china lawyer send me a letter that you would and in the united states that would protect the person from this
Expert:  Zoey_ JD replied 1 year ago.

I would not draft such a letter for a US client. It could make admissions that could be used against him and it would not be binding. That is, under US law, the prosecutor could still go forward with a case, even against the wishes of the people who agreed not to prosecute.

If you want to write your own letter including the terms that they promised to agree to, I will be happy to edit it for you.

Customer: replied 1 year ago.
If I return the money and your dean is ok with it, I need the following letter from your Universitiy Donguha Universitiy hereby states that the amount of Money Paid to Gene Smith for a seminar given has been refunded, and we hereby Inform him that no legal actions will be taken against him for this. Donguha Unviersitiy hereby Dong
states it will not Inform the Exit and Entry Bureau of said infraction. We as well state we will not inform anyone in China of this situation and will keep this totally quite to our selves And we consider this case and situation closed. we also state that we will not inform any further people also Gene Smith has not admitted do anything wrong regarding this (or something like that ) we also state that any documents from him will be destroyed and not used for further cases and he does not admit to his guilt in anyway ) some sort of wording that states that i do not admit to guilt _
Customer: replied 1 year ago.
i need to makes sure that in some way in the letter i do not admit to guilt
Expert:  Zoey_ JD replied 1 year ago.

Sorry for the delay. There is a substantial time difference between our countries, and I have been having my breakfast.

You won't admit anything if you simply avoid specifics. Try something like this:

"If it is agreeable to your institution, once I refund Donguha University’s funds for the seminar, I would require a letter acknowledging my refund and stating that the matter is closed from here: that the University would not inform the Chinese Exit and Entry Bureau or any other Chinese board, agency or representative of any board or agency, of this incident."

Customer: replied 1 year ago.
Promise to use his best efforts to stop any fraudulent conduct in China in the future. We have send out warnings to other universities. this is done before you admit your mistakes and this is also the prevention we have to take to make sure you will not do the same in other universities after you get the statement issued by our school. But the school will tell them that you have realized your mistakes and promise to change after the case closedI want to use a better word that does note state fraud but something that the letter on this the people in question can sue or in any way state that i did fraudIn other words i do not want to say fraud burt something else that would satisfy them
Customer: replied 1 year ago.
I got reply from the dean. If you agree with following conditions we will send out an official statement with the stamp of the school once we received the money.1. Will not deliver any false comment on Donghua University to the third party on public information platform, such as Facebook, blogs or WeChat.
2. Promise to use his best efforts to stop any fraudulent conduct in China in the future. We have send out warnings to other universities. this is done before you admit your mistakes and this is also the prevention we have to take to make sure you will not do the same in other universities after you get the statement issued by our school. But the school will tell them that you have realized your mistakes and promise to change after the case closed.
3. Please remove all the false information from any agency and website you have posted for job hunting purpose within China however if any person firm school posts such information
Without the express written authorization of Gene Smith and he will not be held liable for such information printed.
4. Do not contact any of students from Donghua University by purpose.
5. Return the money before December 10th.
6, Donghua Universitiy will inform Harvard that the case has been closed and Gene Smith has returned all funds
Given him for said work and that Gene Smith will use his best efforts to remove anything regarding Harvard UniversitiyIf you agree with above conditions, The school will send a statement indicate that the university will not take any legal actions on this case and the case is closed based on the agreement of both sides. . The first 4 conditions mentioned above will also be included in the statements. However, we can only promise that Donghua University will not take any legal actions and no longer send out any information about you and this case, but we cannot make the decision for Harvard University.If you agree with above conditions, the school will issue an official statement in both Chinese and English with school stamp. We will send a scanned copy. If you need, we can also deliver the original statement to the address you indicated.This is the letter they said they send me I want too change this so i cannot get into any troubles can you change this letter
Expert:  Zoey_ JD replied 1 year ago.

This is the reply from the dean. Given what you did, their settlement letter is more than fair. The letter already says that they agree that they will take no further legal action against you. What else can you possibly ask for?