香港执法机关在香港逮捕了严穗陵。根据香港法律,检方不必证明严穗陵直接知晓抵押贷款欺诈案的内情,只要证明一个理智的人应该觉察出资金来源有问题即可。事实上,检方没有提交证据证明严穗陵了解这起抵押贷款欺诈案的内情。严穗陵声称她没有参与欺诈,并说交易是合法的。
She was convicted and served 18 months in a Hong Kong prison.
严穗陵被法院定罪,并在香港一家监狱服刑18个月。
Her lawyers appealed and eventually won. Their argument: She shouldn't have known it was ill-gotten gains from the mortgage fraud because she thought it was from the underground banking transaction she arranged. And she had the bank records to prove it.
严穗陵的律师提出上诉并最终获胜。他们的论点是:严穗陵不可能知道这是来自抵押贷款欺诈的非法资金,因为她认为这是和她进行地下钱庄交易的另一方汇入的资金。严穗陵有银行记录证明这一点。
Hong Kong's Court of Final Appeal, its highest court, agreed with the argument, saying it was 'not surprising' that she would 'find it necessary' to use an underground bank in order to invest in Hong Kong's stock market.
香港终审法院同意了这一论点,称严穗陵“感到有必要利用地下钱庄以投资香港股市“并不令人意外。
Though using the underground bank is illegal on the mainland, it is legal in Hong Kong. Under Hong Kong law, money laundering can be prosecuted only if the underlying crime that generated the money is a crime in Hong Kong, such as drug dealing or human trafficking. Because operating an underground money transfer operation isn't illegal in Hong Kong, there was no underlying crime to prosecute Ms. Yan.
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