How to determine the nature of virtual currency cases, fraud or

1. 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.

2. Identifying whether virtual currency is a pyramid scheme is a bit of a bluff
the purpose of offline development and the t of high return is MLM
for MLM, you can refuse to join.

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.

Virtual 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

5. 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.

6. If the amount of fraud reaches the standard of the crime of fraud, it is a criminal case
according to the interpretation of the Supreme People's court and the Supreme People's Procuratorate on Several Issues concerning the specific application of law in handling criminal cases of fraud, the standard of "large amount" (i.e. filing standard) is to defraud public and private property worth 3000 yuan to 10000 yuan or more. The specific amount of the starting point of punishment is more clearly stipulated in various localities.

7. This sentence should be sentenced, because this kind of thing is a very serious fraud.

8. I've seen a website before, which can judge whether it is fraud, and can provide the cheated people how to appeal and fight for their own rights and interests. You can go there to have a look, but I didn't write down the specific address of the website.

9. As if it were
the so-called "digital currency" launched by some institutions and enterprises and the so-called promotion of the central bank's issuance of digital currency may involve pyramid selling and fraud. The general public should raise their risk awareness, invest rationally and prudently, and prevent their interests from being damaged
the legal currency of China is RMB. RMB shall be uniformly printed and issued by the people's Bank of China. No unit or indivial may refuse to pay all public and private debts within the territory of China in RMB. The general public should establish a correct concept of currency, take good care of RMB and jointly maintain the normal circulation order of RMB
the functions of the monetary gold and silver Bureau of the people's Bank of China include the formulation and implementation of relevant monetary issuance and gold management measures; Undertake RMB management and anti-counterfeiting work.

10. Article 78 of the provisions of the Supreme People's Procuratorate and the Ministry of public security on the standards for filing criminal cases under the jurisdiction of public security organs (2) stipulates that organizations and leaders, in the name of marketing goods and providing services, require participants to obtain the qualification by paying fees or being able to buy goods and services, The number of development personnel is directly or indirectly used as the basis for payment or rebate to ince or coerce participants to continue to develop pyramid selling activities that others participate in, defraud property, and disrupt the economic and social order. The number of suspected organization and leadership personnel of pyramid selling activities is more than 30 and the level is more than three, It should be filed for prosecution< According to the amount standard of eight crimes of infringing upon property, such as theft, fraud, embezzlement and robbery, which was jointly issued by Beijing Higher People's court, Beijing People's Procuratorate and Beijing Public Security Bureau, the amount standard of eight crimes of infringing upon property in Beijing was implemented in July 1998, In the documents about eight kinds of infringing property, it is stipulated that the amount of crime of fraud (calculated in RMB) is more than 3000 yuan; The amount is huge, more than 50000 yuan; The amount is huge, over 200000 yuan. It also stipulates that the amount is an important standard for determining the crime of infringing upon property, but it is not the only standard. In addition to the additional number of infringing assets, we should conct a comprehensive analysis based on other specific circumstances of the crime and the guilty attitude and the repentance of the suspect in the crime of fraud.
Henan Province
the filing standard of fraud in Henan Province:
for the crime of fraud, we stipulate that if the value of public and private property is 5000 yuan, 50000 yuan and 500000 yuan, it should be recognized as the starting point of "large amount", "huge amount" and "especially huge amount" stipulated in Article 266 of the criminal law< On April 24, 1997, the Shanghai Higher People's court, the Shanghai People's Procuratorate, the Shanghai Public Security Bureau and the Shanghai Judicial Bureau, in accordance with the relevant provisions of the criminal law and the Supreme People's court's judicial interpretation on Several Issues concerning the specific application of law in the trial of fraud cases, and in combination with the actual situation of the city, The specific amount standard for the determination of fraud crime in Shanghai is as follows:
1. Indivials who defraud more than 4000 yuan of public or private property belong to "large amount"; The indivial swindles the public and private property in 50000 yuan above, belongs to "the amount is huge"
If an indivial swindles public or private property for more than 2000 yuan but less than 4000 yuan, and has a criminal record of fraud or serious consequences such as suicide, serious injury or death, he should also be investigated for criminal responsibility according to law
If a unit swindles more than 100000 yuan of public or private property, it belongs to "large amount"; If a unit swindles more than 300000 yuan of public or private property, it is a "huge amount"
two and the "suspect" before the issuance of fraud cases, the amount of personal fraud in the amount of more than 2 thousand yuan is less than 4 thousand yuan, unit fraud in the 50 thousand yuan or more than 100 thousand yuan (and the suspect has arrested and examined the prosecution case, still can be held criminally responsible, but may be lighter, mitigated or exempted from punishment according to law. General fraud is the same as larceny. Economic fraud, such as fund-raising fraud, loan fraud and bill fraud, can be found in the regulations of the Supreme People's Procuratorate and the Ministry of public security on the prosecution standard of economic crime cases< Article 266 of the criminal law stipulates that whoever swindles public or private property, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also, or shall only, be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined; If the amount is especially huge or if there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined or have his property confiscated. Where there are other provisions in this law, such provisions shall prevail
according to the interpretation of the Supreme People's Court on Several Issues concerning the specific application of law in the trial of fraud cases 1. According to the provisions of articles 151 and 152 of the criminal law, those who defraud a large amount of public or private property constitute the crime of fraud. If an indivial swindles public or private property more than 2000 yuan, it belongs to "large amount"; If an indivial swindles public or private property for more than 30000 yuan, it belongs to "huge amount".