Financial fraud cases of virtual currency
it is difficult for the public security organs to collect and collect evidence, and it is also difficult to carry out arrest operations, 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 reviewing criminal cases or civil disputes, judicial organs decide to list them as litigation cases for investigation or trial, which is the beginning stage of litigation activities. 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:
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2. The fact of the crime should be investigated for criminal responsibility 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) those who are exempted from punishment by special amnesty order< (4) in the case of a crime in which a complaint is made according to the criminal law, the complaint is not made or withdrawn< (5) the defendant has died< (6) other laws and regulations provide for exemption from criminal responsibility
source: Sogou - virtual currency
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
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
rumors are not credible. You must pay attention to the official news or go to the official to find out
official news is the mainstream.
[seven differences between BTC and VPAL] 1. The former is science, the latter is superstition; 2. The former is transparent, the latter is dark. 3. The former is original, while the latter is plagiarized; 4. The former is for all intelligent life, while the latter is for Chinese people; 5. The former believes in himself, while the latter believes in sudden wealth; 6. The former is responsible for his own rational choice, while the latter will kill others sooner or later; In the final analysis: the former is automatic dissemination, while the latter is active MLM.
They may report to the public security organ, the people's Procuratorate or the people's court. A report, complaint or report may be made in writing or orally
referring to the 110th section of the criminal procere law of the People's Republic of China, any unit or indivial finds that a criminal fact or criminal suspect has the right and obligation to report to the public security organ, the people's Procuratorate or the people's court. P>
the victim has the right to report to the public security organ, the people's Procuratorate or the people's court for a crime or a criminal suspect who infringes upon his personal or property rights.
public security organs, people's Procuratorates or people's courts should accept reports, charges and reports. If the case is not under its jurisdiction, it shall be transferred to the competent authority for handling, and the reporter, accuser or informant shall be notified; For those who are not under their jurisdiction but must take emergency measures, they shall first take emergency measures and then transfer them to the competent authorities
referring to Article 111 of the criminal procere law of the people's Republic of China, reports, charges and reports can be made in writing or orally. A staff member who accepts an oral report, complaint or report shall make a written record, which shall be signed or sealed by the reporter, accuser or informant after it is read out correctly
the staff members who accept the accusation and report shall explain the legal responsibility of false accusation to the accuser and informer. However, as long as it is not a fabrication of facts or evidence, even if there are differences in the facts of the accusation or report, or even a false accusation, it should be strictly distinguished from a false accusation
public security organs, people's Procuratorates or people's courts should guarantee the safety of reporters, complainants, informers and their close relatives. If a reporter, accuser or informant is unwilling to disclose his name and the act of reporting, accusing or reporting, he shall keep it secret for him< According to Article 112 of the criminal procere law of the people's Republic of China, the people's court, the people's Procuratorate or the public security organ shall promptly review the materials of reporting, accusing, reporting and surrendering according to the scope of jurisdiction, and file a case when they think that there are criminal facts that need to be investigated for criminal responsibility; If it is considered that there is no criminal fact or that the criminal fact is obviously minor and there is no need to investigate the criminal responsibility, the case shall not be filed, and the reasons for not filing the case shall be notified to the accuser. If the accuser refuses to accept the case, he may apply for reconsideration
referring to Article 192 of the criminal law of the people's Republic of China, the crime of fund-raising fraud: those who illegally raise funds by means of fraud for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
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 not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of property
referring to Article 193 of the criminal law of the people's Republic of China, the crime of loan fraud: in any of the following circumstances, whoever swindles a bank or other financial institution for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
(1) fabricating false reasons for introcing funds or projects; and< (2) using false economic contracts< (3) using false supporting documents< (4) using false property right certificate as guarantee or repeatedly guaranteeing beyond the value of the mortgaged property< (5) defrauding loans by other means
referring to Article 194 of the criminal law of the people's Republic of China, the crime of bill fraud and the crime of financial voucher fraud: those who commit financial bill fraud under one of the following circumstances, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
(1) knowingly using forged or altered bills of exchange, promissory notes or cheques; and< (2) knowingly using invalid bills of exchange, promissory notes and cheques< (3) falsely using another's draft, promissory note or check< (4) issuing a blank check or a check inconsistent with its reserved seal to defraud property< (5) the drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without financial guarantee, or makes false records at the time of issue to defraud property
those who use forged or altered entrusted collection vouchers, remittance vouchers, bank deposit receipts and other bank settlement vouchers shall be punished in accordance with the provisions of the preceding paragraph
referring to Article 197 of the criminal law of the people's Republic of China, the crime of securities fraud: those who use forged or altered treasury bonds or other securities issued by the state to engage in fraud activities, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20000 yuan but not more than 200000 yuan; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than 10 years and shall also be fined not less than 50000 yuan but not more than 500000 yuan
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 not less than 50000 yuan but not more than 500000 yuan or be sentenced to confiscation of propertyreferring to Article 224 of the criminal law of the people's Republic of China, the crime of leading pyramid selling activities:
in the name of organizing and leading business activities such as selling goods and providing services, the participants are required to pay fees or purchase goods and services to obtain the qualification to join, and form a hierarchy according to a certain order, Whoever, directly or indirectly, takes the number of development personnel as the basis for calculation of remuneration or rebate, lures or coerces participants to continue to develop pyramid selling activities in which others participate, swindles property or disturbs economic and social order, shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined
If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than five years and shall also be finedreferring to Article 1 of the opinions on Several Issues concerning the application of law in handling criminal cases involving pyramid selling activities under the leadership of organizations, this paper discusses the identification of the level and number of pyramid selling organizations
in the name of marketing goods and providing services, participants are required to pay fees or purchase goods and services to obtain the qualification, and form a hierarchy according to a certain order, and directly or indirectly use the number of development personnel as the basis for payment or rebate, so as to ince and coerce participants to continue to develop, others to participate, and defraud property, Pyramid schemes that disrupt economic and social order
the organizers and leaders should be investigated for criminal responsibility if there are more than 30 people participating in pyramid selling activities within the organization and the level is above three. If you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more levels, 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 the original MLM organization shall be calculated as the level and number of its development
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
referring to Article 3 of the opinions on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities, this paper discusses the identification of "defrauding property"
the organizers and leaders of MLM activities, by fabricating and distorting national policies, fabricating and exaggerating business, investment, service items and profit prospects, concealing the true source of remuneration and rebate or other fraulent means, carry out the acts specified in article 224-1 of the criminal law, and take actions from the fees paid by the personnel participating in the MLM activities or the purchase of goods The illegal profit from the service fee shall be regarded as defrauding property. Whether the participants in pyramid selling activities think that they have been cheated or not does not affect the determination of the property swindled
referring to Article 4 of the opinions on Several Issues concerning the application of law in handling criminal cases involving pyramid selling activities under the leadership of organizations, this paper discusses the determination of "serious circumstances"
the organizers and leaders of MLM organizations that meet the provisions of paragraph 1 of Article 1 of the opinions shall be deemed as "serious circumstances" under the provisions of article 224 of the criminal law if they have one of the following circumstances:
(1) the total number of participants in MLM activities organized and led by the organization is more than 120
(2) collecting directly or indirectly the amount of MLM funds paid by the personnel participating in MLM activities, which has accumulated to more than 2.5 million yuan (3) having received criminal punishment for organizing or leading pyramid selling activities, or administrative punishment for organizing or leading pyramid selling activities within one year, and having directly or indirectly developed more than 60 people to participate in pyramid selling activities (4) causing serious consequences such as mental disorder and suicide of the participants in pyramid selling activities (5) causing other serious consequences or adverse social effectsdigital currency fraud is basically a routine, that is, first pull you into a wechat group, and then recommend a platform for you to speculate in stocks or other digital currencies at the beginning, your income is very large, but when the latter value reaches a certain level, you can no longer withdraw cash. If you ask the other party, the other party will ask you to recharge more money to unfreeze your account, but no matter how much money you put in, your money will not come back. The members who make money in the wechat group are basically the people in the fraud Gang, and the screenshots of the income are basically forged by them. It is very likely that you are the only real member of the whole wechat group
nowadays, fraudsters are more and more high-end, not only using mobile phones, but also using the Internet for fraud. Some of their knowledge is self-taught, and some is learned from other fraudsters. After all, some fraudsters are even high intellectuals, but they are different from other high intellectuals and go astray. If we find that our circle of friends is all about money investment, then our friend may have gone astray