The causes of the crime of virtual money pyramid selling
(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.
the purpose of offline development and the t of high return is MLM
for MLM, you can refuse to join.
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 filedunder 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 responsibilityVirtual currency fraud calls 110 directly
many departments, such as the China Banking and Insurance Regulatory Commission, the central office of information technology, the Ministry of public security and so on, issued risk tips, saying that some criminals, under the banner of "financial innovation" and "blockchain", absorbed funds by issuing the so-called "virtual currency", "virtual assets" and "digital assets", thus infringing the legitimate rights and interests of the public
this kind of activity is not really based on blockchain technology, but on the hype of blockchain concept, illegal fund-raising, pyramid selling and fraud. In essence, it is a Ponzi scheme of "repaying the old by borrowing the new", which is difficult to maintain the long-term operation of funds
the public should treat the blockchain rationally, not blindly believe the promises, establish a correct monetary concept and investment concept, and effectively improve the risk awareness. Report to the public security organ in time after being cheated
extended data:
the first is the obvious networking and cross-border of virtual currency. Relying on the Internet and chat tools for transactions, and using online payment tools to balance funds, the risks spread widely and spread quickly. Some lawless elements set up websites by renting overseas servers to carry out activities for domestic residents and control illegal activities remotely
some indivials claim that they have obtained the investment quota of overseas high-quality blockchain projects in the chat tool group and can invest on their behalf, which is most likely fraud. Most of these illegal funds flow overseas, which makes it very difficult to supervise and trace
followed by deception, temptation and concealment. They use hot concepts to hype, fabricate various "tall and tall" theories, and some also use celebrity "big V" platforms to publicize. They use airdrop "candy" as temptation to claim that "currency value only rises but not falls", "investment cycle is short, income is high, and risk is low", which has strong bewitching
in practice, criminals illegally make huge profits by manipulating the price trend of the so-called virtual currency, setting profit and withdrawal threshold. In addition, some criminals also issue tokens under the guise of ICO, IFO, IEO, etc., or hype virtual currency in the way of IMO under the banner of sharing economy, which has strong concealment and confusion
finally, there are many kinds of illegal risks in this kind of behavior. Through public publicity, the illegal elements attract the public to invest funds, lure investors and development personnel to join, and constantly expand the fund pool with the t of currency appreciation and development offline profits, which has the characteristics of illegal fund-raising, pyramid selling, fraud and other illegal acts
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
bitcoin is a new crime. It is usually related to crimes committed by gangland like criminal organization, illegal fund-raising, corruption, bribery and drug-related crimes. Because of the unknown source of money, the above crimes are laundered by bitcoin and legalized the illegal gains to escape the attack of public security organs. p> First, what is bitcoin
although the transaction and supervision of bitcoin is troublesome, the judicial authorities have taken counter measures. In the measures, the procuratorial organs are required to timely inform the people's Bank of China of the situation of money laundering through bitcoin found in case handling, feed back clues and put forward suggestions, which will help to enrich the supervision mode of anti money laundering, Improve regulatory measures
"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.
no matter how much economists talk about virtual economy, the ugly essence of virtual economy can never be covered up: it doesn't proce any material object or utility value, and it plays financial tricks of cheating money with symbols and concepts. As for what is a virtual economy, it is not the financial securities instry, the real estate instry, the gambling instry, the collection instry, or even the sports and cultural undertakings that economists say. As long as it can proce procts and provide utility, whether it is material or spiritual, it should not be a virtual economy. For example, real estate is the creation of use value, if there is no speculation and bubble, it is not a virtual economy; If banks do not engage in financial derivatives, stocks and securities do not issue at a premium, collection does not engage in speculation, and sports culture does not engage in gimmicks, it is not a virtual economy. There is only one instry that is a natural and genuine virtual economy, namely gambling. Gambling is the essence of virtual economy. When the financial securities, real estate, collection and other instries use people's gambling psychology to circle and cheat money, it will become a virtual economy
gambling psychology is the concentrated expression of human selfish, gain for nothing, laziness and other bad human nature, of course, it is also the expression of risk-taking spirit and risk consciousness. There are risks in all economic investments, so there are more or less gambling mentality. Because of this, in addition to capital interest, the return on investment also has risk return. However, this kind of return on investment must be based on utility value creation. If we break away from the creation of utility value and only talk about risk and return, it will become pure speculation and gambling. Only by grasping the essential difference between investment and speculation can we really understand the essence of virtual economy
since we can't create value, how can we play the financial trick of making money with money? How can we circle and cheat money? The key to this trick is to create a financial bubble and an economic bubble. Super money, stock premium, high real estate and other commodity prices, and the circular valuation of various financial derivatives are all means of making bubbles. The essence of bubbles is the artificially high valuation or valuation. The trick of fictitious economy is to exploit the credibility gained by official or commercial speculation to cheat ordinary people's trust, to ince and amplify the gambling psychology of the people. When people go to the bubble market when they are mocking into the fire, the symbols in their hands (corresponding to stock or real value of commodities) are realized. In short, the trick of virtual economy is to create bubbles and realisk the value of virtual symbols. There are at least three evils in Virtual Economy: parasitism and kidnapping. Virtual economy is born because of the service of real economy. Because it can't proce goods and create value, its game is based on real economy. The hype of its symbols and concepts all relies on the proctivity and creativity of the real economy, but the symbols and concepts are not descriptions of the real economy, but exaggerations and even fictions. For example, when a company goes public or issues stocks, it must rely on the operation of real enterprises, and then package and speculate. Only by issuing stocks at a premium can it get money. For example, the over issuance of money must be implemented with the help of the concepts of high-speed economic growth and prosperity, investment stimulating domestic demand and other real economy operations
virtual economy parasitizes and kidnaps the real economy. As long as the real enterprise is favored by the venture capital, it will inevitably embark on the virtual road of packaging and speculation. In addition to earning the stock market premium, the enterprise's original proction and development track, its original development concept and instrial spirit are difficult to continue to maintain. Everything has to be done according to the logic of the venture capital< The second is fraud and deprivation. Today's so-called rich list, few are not involved in real estate, and few are not IPO. The richest people around the world are changing year by year. If you look at the history of their prosperity, they are basically on the same track: they earn the first bucket of gold through real estate, and then set up an entity enterprise as a shell to make certain "brilliant" performance, and then package and go public. The day of listing is the time to be on the rich list. After the circle of money, the real enterprise did not really make great progress, so it turned into cash and left. The next listed company will create the next rich. A listed company in a certain place will proce a local richest man who is short-lived. The rich are constantly emerging, and the real enterprises and the real economy have not developed much. Play IPO is to circle the money in the hands of ordinary people, which is not only fraud, but also deprivation
the third is extrusion and failure. All kinds of games and tricks of virtual economy are directed by the government and financial enterprises. A lot of money is left behind, leaving behind the housing bubble, stock market bubble, inflation and stagflation. When the monetary policy is loose, the real estate market and stock market are rising, and the real enterprises are not favored by funds; When the monetary policy is tight, the real enterprises, especially the small and medium-sized enterprises, will not get financial support, because the financial instry will only chase and manipulate the profiteering instry, the real estate instry is the real estate instry, and so is the stock and securities instry
in the name of developing the real economy, the virtual economy squeezes and destroys the real economy, and gains the profits of encircling and cheating money. Capital is innocent, but when capital is not used for investment but only for speculation, or nominal investment but substantive speculation, there will be crime and harm
it is no exaggeration to say that the evil and harm of virtual economy is not only the deprivation and destruction of the real economy and people's life, but also the phagocytosis of human material civilization and spiritual civilization. If the virtual economy is not abolished, it will eventually lead to the decline and degeneration of human beings
the reason why the United States is a virtual economic power is based on the power and hegemony of the United States as the number one power and the US dollar as the world currency. Of course, the virtual economy of the United States also has the crime and harm of fraud, deprivation and destruction, but this kind of fraud, deprivation and destruction is worldwide rather than local. The United States can buy any kind of material resources it wants to get in the world to improve the life of its people by issuing money all over the world. Just like all banks depriving real enterprises, the United States is the world bank. Compared with the United States, other countries in the world are real enterprises. The United States deprives other countries just as banks deprive enterprises
we can't engage in virtual economy, because if we engage in virtual economy, it will bring down our real economy. Therefore, first of all, we should abolish the virtual economy by ourselves. Second, we should start to wake up and can no longer be cheated and deprived by the virtual economy of the United States (Xiao Zhonghua)