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Illegal fund raising through virtual currency network

Publish: 2021-05-02 12:33:09
1. There are two reasons for the prohibition of virtual currency trading by the state:
1. The price fluctuates violently and the consumer protection is lacking:
virtual currency is the proct of network, and the digital information flowing in the network is beyond the control of all people. The code of cyberspace is the basis of the operation of virtual currency, investors can only operate through the front-end interface, seemingly "control" the virtual currency. The operator of the virtual currency service organization may become the actual controller of the virtual currency through the control code<
2. Avoiding supervision and becoming the "accomplice" of criminal activities
virtual currency transaction is not protected by law:
virtual currency transaction is not illegal, and it is not illegal to invest in virtual currency. But how to get involved in virtual currency transactions is illegal and illegal. It may be suspected of illegal fund-raising.
2. May involve illegal fund-raising and pyramid selling and other related criminal crimes
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
3.

It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity

it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested

with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational


extended information:

after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases

According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:

1

The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filed

under any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted

(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime

(2) the time limit for prosecution has expired

(3) exemption from punishment by special amnesty

(4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn

(5) the defendant has died

(6) other laws and regulations provide for exemption from criminal responsibility

4. 1. Although network virtual currency can not be completely equivalent to money and other traditional property, in specific occasions, the perpetrator can achieve the criminal purpose of illegally obtaining other people's property through the possession of virtual currency. Therefore, the fraud of virtual currency may also endanger the property safety of citizens, legal persons and other organizations, which has considerable social harmfulness and should also be punished as a crime
2, if the public security organs suspect the criminal detention, the procuratorate can not approve the arrest, they should apply for l pending trial. Bail pending trial also goes through the court
the seventy-seventh provision of the criminal procere law stipulates that the people's court, the people's Procuratorate and the public security organ shall not exceed twelve months for the suspect and defendant to be l, and the longest residence shall not exceed six months.
ring the period of l pending trial and residential surveillance, the investigation, prosecution and trial of the case shall not be interrupted. If it is found that criminal responsibility should not be investigated or the term of l pending trial or residential surveillance has expired, the l pending trial or residential surveillance shall be lifted in time. In case of cancellation of l pending trial or residential surveillance, the person who has been led pending trial or residential surveillance and the relevant units shall be informed in time.
5. Some netizens and the media have questioned the Internet fraud for a long time, but under the expulsion of huge interests, there are still many people who are desperate and can only say that they deserve it. In this case, it is very difficult to safeguard rights. The government generally turns a blind eye. Virtual currency fraud is also very rampant in China. It is suggested to pay more attention to some mainstream digital currencies such as bitcoin, Ruitai coin, vitality coin and Leyte coin

there are online police who can report cases, but they are basically ineffective. They can also report cases locally. It's not difficult to report. I'm a media worker in the currency circle. Maybe I can help you.
6.

Cheng tycoons use virtual currency to launder money, which is illegal fund-raising. Let's first understand the definition of illegal fund-raising on the Internet. Illegal fund-raising is a kind of criminal activity. It means that an entity or indivial raises funds from the public by issuing stocks, bonds, lottery tickets, investment funds, securities or other debt certificates without the approval of relevant departments in accordance with legal proceres, And promise to repay the principal and interest or give return to the investor in money and other ways within a certain period of time. And in China, it is clearly stipulated that investment in virtual currency is illegal, and the circulation and transaction of virtual currency is explicitly prohibited{ RRRRR}

7. Illegal fund-raising is not a real virtual currency. A very significant feature of deceiving "virtual currency" is the unilateral rise of investment income. The total amount of real virtual currency is limited, and the price fluctuates. However, the price of virtual currency under the illegal fund-raising scam tends to rise unilaterally, and the assets of investors' books have been increasing. Once the scam can not continue, These fake virtual currencies are worthless, and investors have nothing to lose. At present, in addition to bitcoin, there are eth Ethereum, usdt TEDA, inmi and other regular currencies.
8. Hello, your question I answer as follows: 1, whether the public security organs file a case for investigation and whether it constitutes a criminal case. 2. If the case has been filed for investigation, it depends on the conclusion of the investigation, whether it is suspected of fund-raising fraud. 3. If it is defined as the crime of fund-raising fraud, it depends on whether your friend knows, whether he has the intention of fraud subjectively, and whether he plans and implements the crime together with others. 4. Finally, if your friend and others jointly commit a crime, it depends on the role played in the joint crime.
9. The crime of financial fraud refers to the act of defrauding public or private property or the credit of financial institutions and destroying the order of financial management by making up facts or concealing the truth for the purpose of illegal possession
it is not illegal fund-raising.
10. Hello, this is a typical pyramid scheme. It involves a wide range of victims, a large amount of money, a large number of people and a large geographical area. The information of the founding operation team is not open and transparent. It is difficult to obtain evidence and solve cases. They have nothing to do with virtual currency. They just cheat under the guise of virtual currency. It is also normal for the police not to accept such cases because they are difficult to solve

I'm a bitcoin practitioner. I'm very interested in this matter. Please send me a private letter and explain it in detail. Maybe I can help you to expose it.
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