The case of virtual monetary organization leading pyramid sellin
(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.
I wanted to buy money to make a profit, but I didn't want the issuing party to become a pyramid selling organization, suspected of breaking the law and committing crimes; All participating funds will be collected. At this time, whether the money can be recovered has become the most concerned problem of the buyer. The crime of organizing and leading pyramid selling activities is established, and the relationship of accomplice is usually established between the upper and lower levels of pyramid selling activities; All the money raised is usually regarded as illegal income. After being cheated into joining, they recommend others to join and get tokens and cash back, and the profits will usually be recovered as illegal income. So if you are cheated into joining an organization, can you recover the "entry fee" you paid
First, recovery does not necessarily mean confiscation, but restitution Second, the scope of recovery: illegal income within the scope of crime Third, the calculation of "illegal income" 
who returns the money: Calculation of "illegal income"
according to Article 64 of the criminal law, only "illegal income" should be recovered and refunded. Illegal income, literally, refers to the property obtained through illegal activities (including but not limited to crimes). The second provision of the Supreme People's Procuratorate "the regulations on the management of property in criminal cases involving the people's Procuratorate" stipulates that the property involved includes the illegal gains and the fruits of the suspect, the property used for the crime, the prohibited goods illegally held and other property and fruits related to the case. p> According to the above provisions, the crime of illegal income is divided into two categories according to the basis of illegal income:
(1) the illegal income in the crime of obtaining interests; Such as theft, corruption, bribery of stolen goods, property, etc
(2) the crime of operating interest, such as the crime of usuryit can be seen that illegal income not only includes the property obtained through illegal and criminal activities (i.e., original illegal income, profit type), but also includes the possible natural and legal fruits of these properties and the property interests (i.e., derived illegal income, profit type) obtained from the operation of the property. For the former, the activities that generate income are illegal; Income is the object or result of illegal behavior. For the latter, the activities that generate income are legal; Only the principal used to generate income is suspected to be illegal
the above two types of illegal gains are generated in different ways, and their recovery calculation methods are also different. For the illegal income of the crime of obtaining interests, the illegal property itself is the amount of illegal income; As for the illegal income of the crime of business interests, the normal business interests should be dected. For example, in the crime of usury, the illegal income usually refers to the income from interest rate difference, not the total amount of the loan
In terms of norms, the attitude of the law is also very clear: in the reply of the Supreme People's Court on how to determine the "amount of illegal income" in the trial of criminal cases involving the proction and sale of fake and shoddy goods in 1995, it is pointed out that the "amount of illegal income" stipulated in the decision of the Standing Committee of the National People's Congress on punishing the crime of procing and selling fake and shoddy goods refers to the amount of illegal income from the proction and sale of fake and shoddy goods The amount of profit from selling fake and inferior procts. In the literal sense, the "illegal income" here should be dected from the corresponding cost In judicial practice, it is generally believed that the amount of procts actually purchased is the amount of legitimate business and should be dected; In the case of providing services without actual procts (for example, manpower input in illegal medical practice), the corresponding costs will not be dectedin the crime of organizing and leading pyramid selling activities, there are cases of "Capitation" returning to "online". According to Article 8 of the measures for the determination of illegal income from administrative penalty cases by the administrative department for Instry and Commerce (No. 37 order of the State Administration for Instry and Commerce), the illegal income from pyramid selling activities such as touting and defrauding entry fees shall be calculated according to the total income of the parties concerned
it can be seen that the "tap" paid to the online is not the income of the parties at this level in the MLM organization; It is the income of online, which should be dected and counted into the amount of illegal income of online. After the illegal income collected as online, it should be returned to offline in time according to the above
the above is today's sharing, thanks to the readers
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 platformsnowadays, pyramid schemes under the guise of virtual currency are rampant. According to the information obtained by China volunteer alliance against pyramid schemes, Baichuan currency is closely related to SMI, MBI, mark currency, dark black currency, mmm, Fuda compound interest financing, carat currency, petroleum currency, Huaqiang currency, etc CB aiib Hong Kong Group, coin Sheng, WorldCom yuan, u-coin, Jubao, 21st century fox, Wanxi financial management, BBT (now renamed Morgan coin after repeated exposure by the media) are all illegal pyramid schemes under the guise of virtual currency.
"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.
each gold coin can be exchanged for 0.0014 yuan
in gold coins × 0.0014 yuan
recently, the Baichuan coin Gang forged the front page headline of Fujian daily, advocating that Baichuan coin has been exposed
Shandong, Jiangxi, Xinjiang, Guangdong and other places have exposed "Baichuan coin", saying that its operation mode is illegal, which is a great risk for investors. On September 23, the official microblog of the Economic Investigation Brigade of Xinyuan County Public Security Bureau in Xinjiang said: "Baichuan coin is a pyramid scheme, and the publicity is so extravagant that the final result is that the gold coin can't be taken out, and it will run away if it is converted into money." Fuzhou also has "Baichuan coin" company which has been listed in the list of abnormal operation
it is reported that the website of chuanyuan mall has not been put on record, and its company has also been listed in the list of abnormal business by the instrial and commercial department, which has been defined as MLM by the regional public security and economic investigation department. On September 23 this year, the official microblog of the Economic Investigation Brigade of Xinyuan County Public Security Bureau in Xinjiang said: "Our Economic Investigation Brigade solemnly announced that Baichuan coin is a pyramid scheme, and the publicity is so extravagant that the final result is that the gold coin can't be taken out, and it will run away if it is converted into money."
by inputting "Fujian chuanyuan Network Technology Co., Ltd." through "national enterprise credit information publicity system query", it is found that it has been listed in the list of abnormal operation by the instrial and commercial department, because "it can't be contacted through registered residence or business place".