Crime of leading pyramid selling virtual currency
(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.
although the management of virtual currency is difficult, it can be regulated and punished according to the banking law, criminal law and other relevant laws and regulations for example, the people's Bank of China stipulates that financial institutions and Payment institutions are not allowed to handle settlement for virtual currency, so there is no trading market for virtual currency in China. However, although there is no settlement market in China, virtual currency may choose to settle overseas, because virtual currency is attached to the Internet and can settle in any country and it will be more difficult to manage by building a virtual currency trading platform in a foreign website for people to trade. In China, there are also some third-party payment institutions that secretly provide settlement services for virtual currency, which brings some difficulties to supervision at present, formal payment and settlement institutions are not allowed to provide settlement channels for virtual currency transactions, but informal institutions may still provide settlement services secretly. Even if the informal institutions are cleaned up, some people may choose to go abroad to carry out similar acts extended information: for the supervision of virtual currency, we should focus on preventing any form of virtual currency from replacing the function of RMB and engaging in illegal acts through virtual currency, that is, strengthening the supervision of the function and use of virtual currency. We should focus on whether virtual currency is used as currency, not only from the object form of currency to see whether it belongs to forgery and alteration of RMB any object exercising monetary function within the territory of the people's Republic of China violates the relevant provisions of the law of the people's Bank of China. The virtual currency in the form of code, as long as it is used as currency, is equivalent to counterfeit currency in nature. It can be supervised and punished according to the law of the people's Bank of China and the criminal law source of reference: People's Daily - experts in cracking down on virtual currency transactions in many places: key regulatory functions 
in the form of game fraud, game account theft, etc
since 203, the more popular virtual currencies are bitcoin, Wright coin, Fuyuan coin, doggy coin, dark coin, reborn coin and so on.
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.
"mark coin" is an upgraded version of "bitcoin". It is a kind of virtual currency and has high value-added in external publicity. Its main mode is: Online introctions and offline participation are required, and each offline will provide its name, e-mail address and mobile phone number to online users, who will help to register. After successful account registration, transfer the corresponding level of money to the company's designated account. Then everyone will give an account and password to log on to the website, and the backstage can see everyone's investment amount and dividend details. On January 18 this year, the company held a meeting in Macao, and most of the participants were Chinese
"markcoin" is similar to some other online pyramid schemes. It is said that the investment is small and the income is high. Although there is a static bonus, if there is any real income, it needs to obtain dynamic awards such as sales award, collision award and algebra award, and to obtain these dynamic awards, it must develop a large number of offline procts
according to the police, at present, there are not only "mark coin" and "bitcoin", but also "black tea", "Baichuan coin", "dark coin", "3M", "carat coin", "petroleum coin", "Huaqiang coin", "U coin", "Morgan coin", "Fuda compound wealth management", "WorldCom", "21st Century Fox" and "Wanxi wealth management". The target of lawbreakers' development is Internet users who are keen on surfing the Internet. The target of lawbreakers' development is graally infiltrating from young people to middle-aged people and unemployed people, luring them to invest in small, big returns and wait for high returns. In fact, the so-called static dividend is just a cover. Many people continue to develop offline in order to earn benefits, which is no different from the traditional pyramid scheme. Moreover, the running cycle of this kind of MLM is short, generally less than a year. When it comes to the rebate peak, the website will be closed directly, causing many people to lose their money.