Fraud of fund raising in virtual money pyramid scheme
report to the police with evidence in case of fraud
fraud is a criminal case
the police will investigate and screen
in case of fraud, the police will actively solve the case
if the case is solved, the victim's loss will be recovered.
(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
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 platformsno 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)
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 effects