Peng Wu
NEWProfile
Peng Wu is a highly experienced criminal defense lawyer with 19 years of practice focused on white-collar criminal defense, economic crime investigation, and corporate compliance. Based in Hegang, a coal-rich city in northeastern Heilongjiang, Mr. Wu represents foreign nationals and foreign-invested enterprises in criminal investigations, prosecutions, and compliance matters throughout China.
Mr. Wu's practice at Heilongjiang Xinye Law Firm covers the full range of economic crimes: commercial fraud, embezzlement, bribery, money laundering, tax evasion, intellectual property crimes, and securities fraud. He has handled over 100 criminal cases involving foreign parties or cross-border elements.
- ⚖️ Commercial fraud and investment dispute defense
- 🛡️ Anti-bribery and anti-corruption compliance
- 📜 Internal corporate investigations
- 💼 Tax evasion and customs fraud defense
- 🌐 Cross-border criminal procedure coordination
Criminal Defense Philosophy
Mr. Wu believes that effective criminal defense begins before any charges are filed. He advises companies on establishing robust compliance programs that reduce the risk of criminal exposure, conducts internal investigations when potential misconduct is identified, and represents clients during the investigation stage before formal charges are brought. This proactive approach has enabled many clients to resolve potential criminal matters through administrative or civil channels without criminal prosecution.
The PRC Criminal Law defines commercial fraud as obtaining property by deception, with the severity of punishment determined by the amount involved. Fraud involving amounts from RMB 5,000 to RMB 50,000 is considered relatively minor, while amounts exceeding RMB 500,000 trigger the most severe penalties. For foreign investors, the risk of fraud allegations often arises in joint venture disputes, where one partner may accuse the other of misappropriation or deceptive conduct related to business operations.
Mr. Wu represented a British investor who was detained on allegations of commercial fraud related to a joint venture dispute in Harbin. The case involved complex financial analysis to distinguish between legitimate business decisions and fraudulent conduct. Mr. Wu successfully demonstrated that the client's actions were within normal business judgment and obtained the client's release after 37 days of criminal detention, with all charges ultimately dropped.
He also advised a US technology company on responding to a criminal investigation initiated by the Public Security Bureau into allegations of trade secret theft by a former employee. Mr. Wu's investigation uncovered that the allegations were fabricated by a competitor, and the case was closed without charges against the company or its employees.
Mr. Wu advises foreign companies on anti-bribery compliance under both Chinese law and international frameworks such as the US Foreign Corrupt Practices Act and the UK Bribery Act. He conducts compliance audits, develops anti-corruption policies, and delivers training to management and staff on navigating the complex intersection of Chinese business culture and international anti-corruption standards. He holds an LL.B. from China University of Political Science and Law and a Master of Laws in Criminal Procedure from Jilin University.
Mr. Wu advises foreign companies on the legal risks associated with China's anti-money laundering regime, which requires financial institutions and designated non-financial businesses to implement customer due diligence procedures, report large-value and suspicious transactions, and maintain records for regulatory inspection. Foreign companies in sectors including real estate, precious metals trading, and professional services must ensure their China operations comply with these requirements. Mr. Wu helps clients assess their money laundering risk exposure, develop compliance policies, train staff on reporting obligations, and respond to regulatory inquiries from the People's Bank of China's Anti-Money Laundering Bureau.
Mr. Wu represents clients in asset recovery proceedings when they have been victims of commercial fraud in China. He works with Chinese law enforcement agencies to trace and freeze fraud proceeds, and advises on civil recovery options including filing claims in Chinese courts against fraudsters and third parties who may have received fraud proceeds. He also coordinates with law enforcement and legal counsel in other jurisdictions when fraud proceeds have been transferred out of China, helping his clients pursue recovery through international legal assistance mechanisms. His comprehensive approach to fraud response — combining criminal complaint, asset tracing, civil recovery, and preventive compliance — provides clients with the best possible chance of recovering their losses while minimizing the risk of future victimization.
Mr. Wu's white-collar crime practice includes significant experience with cases involving allegations of intellectual property theft and trade secret misappropriation, which are increasingly common as foreign companies transfer technology to Chinese joint venture partners and manufacturing partners. He advises foreign companies on the criminal law implications of technology transfer arrangements, including the documentation required to establish trade secret protections, the procedures for filing criminal complaints with the Public Security Bureau when trade secrets are misappropriated, and the coordination of criminal proceedings with parallel civil actions for damages. He also advises foreign executives who may be personally exposed to criminal liability under Chinese law for corporate actions, including liability for environmental violations, workplace safety offenses, and tax evasion. He helps executives understand their rights during criminal investigations, including the right against self-incrimination, the right to legal counsel, and the procedures for challenging unlawful investigative measures. His comprehensive white-collar defense practice combines criminal procedure expertise with corporate compliance advisory to provide clients with integrated protection against the growing risks of economic crime enforcement in China.


