Virtual currency for organizing and leading pyramid selling acti
The 60 kinds of pyramid selling virtual currencies broadcast by CCTV news include MBI, m3, Diablo, Asian currency, star currency, Jinyuan shopping alliance e-currency, Changjiang international virtual currency, qileba, micro TV media e-currency, bonus point currency, virtual gold coin, HGC, COA, LFG, Sri, bismall, ahkcap, CPF, Yifen, K currency, R currency, Baichuan currency, K Bao, Zhongfu Tongbao, Hongtong currency, etc Raines e-money
Global BlackRock No.1, Glasberg, BCI, m, wing, EV, performance, FIS, u, ES, zangbao performance, huiai e-money, jianyipan e-money, subsidy, hftag, Kaixin compound interest, kuailinian virtual currency, Shihua currency, ente currency, CPM, Kara currency and supreme currency
there are at least 65 kinds of "virtual currency" with different names, such as Wuhua union virtual currency, Meisheng e, Zhonghua currency, Mimi virtual currency, FIS, world Yunlian cloud currency, Liwu currency, Vicat currency, mark currency, Shanxin currency, Wuji currency, ATC, IPC, central currency, Wuxing currency, huiai currency and nautical currency
in the 141 cases of virtual currency pyramid selling found on China's judicial documents, the number of such criminal cases is increasing year by year. In 2014, the court ruled 5 cases, and then increased by multiple, to 62 cases in 2017. According to the judgment documents, among the above-mentioned virtual currency pyramid schemes, "Vicat" has the highest amount of money involved, with a total of 7 billion, and its global membership number is 10770000, with the largest number
in terms of the development scale of MLM organizations in China, "cloud coin" (also known as world UnionPay and world cloud Alliance Network MLM platform) has the largest number of MLM organizations (4391449); Second, the "dark money" pyramid marketing organization has developed more than 3.4 million members
source of reference: phoenix.com - virtual money pyramid scheme: 65 kinds of pyramid schemes cheat 10 million people, over 10 billion
I wanted to buy money to make a profit, but I didn't want the issuing party to become a pyramid selling organization, suspected of breaking the law and committing crimes; All participating funds will be collected. At this time, whether the money can be recovered has become the most concerned problem of the buyer. The crime of organizing and leading pyramid selling activities is established, and the relationship of accomplice is usually established between the upper and lower levels of pyramid selling activities; All the money raised is usually regarded as illegal income. After being cheated into joining, they recommend others to join and get tokens and cash back, and the profits will usually be recovered as illegal income. So if you are cheated into joining an organization, can you recover the "entry fee" you paid
First, recovery does not necessarily mean confiscation, but restitution Second, the scope of recovery: illegal income within the scope of crime Third, the calculation of "illegal income"
who returns the money: Calculation of "illegal income"
according to Article 64 of the criminal law, only "illegal income" should be recovered and refunded. Illegal income, literally, refers to the property obtained through illegal activities (including but not limited to crimes). The second provision of the Supreme People's Procuratorate "the regulations on the management of property in criminal cases involving the people's Procuratorate" stipulates that the property involved includes the illegal gains and the fruits of the suspect, the property used for the crime, the prohibited goods illegally held and other property and fruits related to the case. p> According to the above provisions, the crime of illegal income is divided into two categories according to the basis of illegal income:
(1) the illegal income in the crime of obtaining interests; Such as theft, corruption, bribery of stolen goods, property, etc
(2) the crime of operating interest, such as the crime of usuryit can be seen that illegal income not only includes the property obtained through illegal and criminal activities (i.e., original illegal income, profit type), but also includes the possible natural and legal fruits of these properties and the property interests (i.e., derived illegal income, profit type) obtained from the operation of the property. For the former, the activities that generate income are illegal; Income is the object or result of illegal behavior. For the latter, the activities that generate income are legal; Only the principal used to generate income is suspected to be illegal
the above two types of illegal gains are generated in different ways, and their recovery calculation methods are also different. For the illegal income of the crime of obtaining interests, the illegal property itself is the amount of illegal income; As for the illegal income of the crime of business interests, the normal business interests should be dected. For example, in the crime of usury, the illegal income usually refers to the income from interest rate difference, not the total amount of the loan
In terms of norms, the attitude of the law is also very clear: in the reply of the Supreme People's Court on how to determine the "amount of illegal income" in the trial of criminal cases involving the proction and sale of fake and shoddy goods in 1995, it is pointed out that the "amount of illegal income" stipulated in the decision of the Standing Committee of the National People's Congress on punishing the crime of procing and selling fake and shoddy goods refers to the amount of illegal income from the proction and sale of fake and shoddy goods The amount of profit from selling fake and inferior procts. In the literal sense, the "illegal income" here should be dected from the corresponding cost In judicial practice, it is generally believed that the amount of procts actually purchased is the amount of legitimate business and should be dected; In the case of providing services without actual procts (for example, manpower input in illegal medical practice), the corresponding costs will not be dectedin the crime of organizing and leading pyramid selling activities, there are cases of "Capitation" returning to "online". According to Article 8 of the measures for the determination of illegal income from administrative penalty cases by the administrative department for Instry and Commerce (No. 37 order of the State Administration for Instry and Commerce), the illegal income from pyramid selling activities such as touting and defrauding entry fees shall be calculated according to the total income of the parties concerned
it can be seen that the "tap" paid to the online is not the income of the parties at this level in the MLM organization; It is the income of online, which should be dected and counted into the amount of illegal income of online. After the illegal income collected as online, it should be returned to offline in time according to the above
the above is today's sharing, thanks to the readers
in order to protect the right of privacy, the specific name will not be released, such as the case of "Wanfu coin of future city" organized and led pyramid selling activities cracked in Xuzhou, and the official name of its leader is Liu Mou Ben
reporters in some "Wan Fu" promotion website and official account, many of the title of Liu, including the president of the global future city group, former vice governor of California, etc., and many pictures of Liu and foreign dignitaries and celebrities. In order to develop more members, Mr. Liu also held a huge investment promotion conference in Bali, Indonesia, Hong Kong and other places, attracting thousands of people from China
Liu also claimed that "Wanfu coin" was approved by the US Securities Regulatory Commission and the China Banking Regulatory Commission and would soon apply for a direct sales license in China. According to police investigation, "Wanfu coin" as a virtual digital currency has no legal basis to apply for direct marketing license in China, which is purely fictitiousaccording to the relevant person in charge of Xuzhou public security bureau, "Wanfu coin" reflects the new characteristics of the current MLM
1. In the name of virtual currency, virtual currency is a new thing for pyramid selling. At the same time, it is attractive under the banner of e-commerce, personal finance and distance ecation, which is not understood by the general public and easy to be deceived
2. Development members on the Internet are all carried out on the Internet, and members can only join the MLM through the website, and the user names used are pseudonyms or code names, and they all have their own login passwords. They chat with each other mainly through wechat. This has changed the traditional mode of setting up a studio and a newspaper center to organize activities, and increased the concealment of MLM
3. Spread on the Internet
the Internet makes the pyramid selling break through the restrictions of regions and national boundaries. The backbone personnel of pyramid selling often set their headquarters abroad, hide abroad and issue orders. It is difficult to arrest, recover stolen goods and get rid of the roots when funds are transferred abroad
according to the police, there are 100 or 200 kinds of "virtual currency" publicized on the Internet, which is hard to distinguish between true and false. The use of virtual currency for illegal fund-raising, pyramid selling, fraud and other criminal activities are frequent, investors should carefully screen
has the final say:
virtual currency network platform features
1, hype "new concept"
virtual currency network platform has very flexible form, often make only superficial changes, many are just made some concepts, all "game rules" are all platform based, there is a very big black box operation space. p>
2. Advocate "zero risk"
"real zero risk, only make no loss financial project", "China's first FC virtual currency is born, will create countless millionaires again"... The reporter saw that on a flyer page of FC virtual currency, there is such a slogan. A "player" told reporters that other "players" also claimed that in the future, a coin can buy a house
In the case of Yiyang network platform, many participants are over 60 years old, and the oldest is close to 80 years old. They usually spend most of their time at home with their grandchildren. They don't understand the Internet, and they listen to others. The elderly have accumulated a certain amount of wealth, and they don't know much about new things, so it's difficult to identify false propaganda, so it's easy to become the target of these network platformsthe Supreme People's court, the procuratorate and the Ministry of public security
opinions on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities
GTZ [2013] No. 37
I. determination of the level and number of pyramid selling organizations
participants are required to pay fees or purchase goods, provide services and other business activities in the name of selling goods and providing services A pyramid selling organization that has obtained the qualification to join by service or other means, and formed a hierarchy according to a certain order, directly or indirectly taking the number of development personnel as the basis for remuneration or rebate, luring or intimidating the participants to continue to develop others to participate, defraud property, and disrupt the economic and social order, with more than 30 people participating in pyramid selling activities within the organization and with a hierarchy of more than three, The organizers and leaders should be investigated for criminal responsibility
if you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more, you can combine the number of people who have developed in each organization
if the organizers and leaders continue to get remuneration or rebate from the original MLM organization after formally leaving the original MLM organization, the level and number of the development personnel of the original MLM organization after leaving shall be calculated as the level and number of the development personnel
in handling the criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the participants one by one e to the limitation of objective conditions, it can be combined with the evidence collected and verified according to law, such as the payment, payment, payment and rebate records, audio-visual materials, relationship diagram of pyramid selling personnel, bank account transaction records, Internet electronic data, expert opinions, etc, Comprehensively identify the number of people involved in pyramid selling, the number of levels and other criminal facts.
JRG Raines Global Hawk a project is a strategic plan initiated by a mysterious family. Raines (JRG) has 8 websites encrypted with 256 bit technology and many websites animated with flash. At present, Raines is the first one. This website uses traditional Chinese characters
this kind of virtual currency is very similar to the pyramid scheme. It has the background of a large international company, so you can't verify it. Using traditional Chinese makes you think it's a big company. There are also all kinds of promotion Awards (that is, capitation fees). This is a typical MLM. It is the same as the spark entertainment bitcoin scam and Porter coin scam that broke out in bitcoin home.com before, without any innovation.
1. The crime of organizing and leading pyramid selling is usually sentenced to fixed-term imprisonment of less than five years or criminal detention and a fine; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined
2. The amount of illegal income is only a part of sentencing. We should also consider the level and number of pyramid schemes, the harmfulness of means and the total amount of money involved.