Traditional Culture Encyclopedia - Traditional festivals - The old easy to raise illegal fund-raising is true

The old easy to raise illegal fund-raising is true

Dujiangyan "old easy to raise" is indeed suspected of illegal fund-raising, and the amount of money is huge, involving tens of thousands of elderly people's lifelong deposits and savings. It is recommended to report to the local public security organs as soon as possible, and to the local bank to apply for freezing each other's bank accounts. At the same time, you can also report the company's illegal behavior to the local Securities and Futures Bureau.

One, how to determine the illegal fund-raising

Judgment is not, it depends on the public (including units and individuals) to absorb funds, whether the following four conditions at the same time, in addition to the criminal law otherwise provided for, shall be recognized as a criminal law article, "illegal absorption of public deposits or disguised as the absorption of public deposits "

(1) Absorption of funds without the approval of the relevant authorities in accordance with the law or by borrowing the form of legitimate business;

(2) Public propaganda to the community through the media, promotional seminars, flyers, etc.

(3) Promise to repay the principal and interest or pay returns in a certain period of time in the form of money, in-kind goods, or equity;

(4) The act of absorbing funds shall be recognized as "illegal absorption of public deposits or disguised absorption of public deposits" as stipulated in the Criminal Law, in addition to the provisions of the Criminal Law. >(d) absorb funds from the public, i.e., unspecified objects in society.

Two common means of illegal fund-raising

1, the promise of high returns

In order to attract the masses to be cheated, the lawless elements are often fabricated "pie in the sky", "overnight rich" myth, through the windfall profits, to attract investors promising high returns. Lure promise investors high returns. In order to deceive more people to participate in fund-raising, illegal fund-raisers in the early stage of fund-raising, often on time and in full to fulfill the promise of principal and interest, to be raised to a certain scale, will secretly transfer funds or abscond with the money, so that participants in the fund-raising suffered economic losses.

2, fabricated false projects

Most of the lawless elements through the registration of legitimate companies or enterprises, in response to the national industrial policy, support for the construction of new rural areas, the practice of the "theory of economics" and other banners, the business project by the traditional planting, breeding industry to high-tech development, capital construction, investment, rent and other content. Shares, after-sales rent, etc., to enter into contracts under the guise of fabricating false projects, the promise of high fixed income, to deceive the public investment. Some unscrupulous elements under the name of entrusted finance, deliberately confuse the concept of investment and finance, the use of electronic gold, investment funds, network speculation, e-commerce and other new terminology to confuse the public, the promise of a stable and high returns, to deceive the public investment.

3, to create momentum with false propaganda

In order to deceive the public trust, criminals often throw money on publicity, take to hire celebrity endorsements, published in the famous newspapers and magazines interviews, employing people widely distributed leaflets, social donations and other ways to increase publicity to create a false momentum, to deceive the public to invest. Some criminals use the virtual space of the network will be located in a different place or rent an offshore server to set up a website. Some also through websites, blogs, forums and other network platforms and qq, msn and other instant messaging tools, dissemination of false information, to deceive the public investment. Once investigated, they will be the following line does not operate according to the rules, etc., in the name of rapid closure of the site, absconding with the money.

4, the use of kinship enticement

Unlawful elements often use relatives, friends, fellow villagers and other relations, with high returns to tempt the public to participate in the investment. Some people involved in pyramid schemes, in order to complete or increase their performance under the mental brainwashing or personal coercion of pyramid schemes, in order to complete or increase their own performance, at the expense of using kinship, geographic ties to solicit relatives and friends, classmates or neighbors to join, so that participants in the rapid spread of the scale of the fund-raising is constantly expanding.

I. How to deal with illegal fund-raising in pension services

The Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund-raising

Article 1 violates the provisions of the national laws on financial management, and absorbs funds from the general public (including both units and individuals), and has the following four conditions at the same time, in addition to the criminal law stipulates otherwise. It shall be recognized as "illegal absorption of public deposits or disguised absorption of public deposits" as stipulated in Article 176 of the Criminal Law:

(1) Absorption of funds without the approval of the relevant departments in accordance with the law or by borrowing the form of legal business;

(2) Public propaganda to the society through the media, promotional seminars, flyers, cell phone text messages, etc.

Article 1 Violation of the State Financial Management Laws and Provisions. publicity;

(c) promise to repay the principal and interest or pay a return in a certain period of time in money, in kind, equity, etc.

(d) to the public, i.e., unspecified objects in the community to absorb funds.

Not openly publicized to the community, friends and relatives or units within the absorption of funds for specific objects, is not illegal to absorb or disguised as the absorption of public deposits.

Article 2 The implementation of one of the following acts, in line with the conditions stipulated in the first paragraph of Article 1 of this Interpretation, shall be convicted and punished for the crime of illegally absorbing public deposits in accordance with the provisions of Article 176 of the Criminal Law:

(1) not having the real content of property sales or not with the main purpose of property sales, with the return of the sale of the capital, sale of the chartered lease, the agreement on repurchase, sale of shares of the property, etc. Illegal absorption of funds;

(2) transfer of forest rights and care for the illegal absorption of funds;

(3) planting (farming), rental planting (farming), joint planting (farming) and other ways of illegal absorption of funds;

(4) does not have the real content of the sale of goods, the provision of services, or does not take the sale of goods, the provision of services as the main purpose (d) Illegally absorbing funds by means of repurchase of commodities, hosting of sales, etc.

(e) Illegally absorbing funds by means of false transfer of equity, offering of fictitious bonds, etc., without the real content of issuing stocks and bonds;

(f) Illegally absorbing funds by means of pretending to be an offshore fund, offering fictitious funds, etc., without the real content of raising funds;

(g) Illegally absorbing funds by means of selling insurance;

(h) Illegally absorbing funds by means of selling insurance; and ) does not have the real content of the sale of insurance, in order to pretend to be an insurance company, forged insurance documents and other ways to illegally absorb funds;

(viii) investment in the form of illegal absorption of funds;

(ix) entrusted wealth management to illegally absorb funds;

(j) use of folk "will", "society", "society", "society", "society", "society", "society", "society" and "society". ", "society" and other organizations to illegally absorb funds;

(k) other illegal absorption of funds.

The main types of illegal fund-raising in the field of pension services

1. Absorbing funds in the name of providing "pension services". This kind of illegal fund-raising behavior does not have the real content of the provision of pension services or not to provide pension services for the main purpose, in the name of pension services to collect membership fees, "deposit", and promised to pay interest or give returns and other ways to illegally absorb public funds.

2. Absorbing funds in the name of related "sales products". This kind of illegal fund-raising behavior refers to the elderly service institutions do not have the real content of the sale of goods or not to sell goods for the main purpose, to buy back the goods, hosting sales, consumer rebates and other ways to absorb public funds.

3. The investment of funds in the name of "pension apartment", "nursing home" and so on. This kind of illegal fund-raising behavior refers to the real content of real estate sales or not for the main purpose of real estate sales, under the guise of investing in retirement apartments, pension real estate, etc., in order to return to the capital sales, after-sale chartered, agreed to repurchase and other ways to illegally absorb public funds. There are also some in the name of investment in pension bases, pension construction projects, promising to pay high returns, illegal absorption of public funds.

Three, the main hidden dangers in the field of senior care services and regulatory issues

1. The senior care industry is still in the initial stage of development, and some of the fees and charges are still to be studied and improved. For example, some of the high-end senior care service organizations to charge a high deposit or membership fees, is to provide senior care services as a prerequisite for the promise of commercial credit, and illegal fund-raising, although there is a clear difference between the inappropriate to include such business activities in the scope of financial regulation, but there is also a greater potential for how to regulate to ensure the safety of the funds need to be studied to improve.

2. The elderly lack of financial knowledge, easy to be lured by fraud. Most of the elderly do not understand the financial knowledge, to prevent illegal fund-raising awareness and discernment is not strong, easy to be used by unscrupulous elements in the name of "old age", "investment" and other names, resulting in property losses.

3. The supervision of various departments is yet to be formed. Some of the pension investment or charge behavior involves a number of departments and industries, coordination and supervision is difficult. In particular, some elderly service organizations do not carry out the centralized life care as the main content of the elderly service, does not belong to the scope of the administrative licensing of the civil affairs department, and not registered in the civil affairs department, its suspected illegal fund-raising and other acts are difficult to detect and regulate.

I hope the above can help you, if there are still questions please consult a professional lawyer.

Legal basis:

Article 176 of the Criminal Law of the People's Republic of China

Illegal absorption of public deposits or disguised absorption of public deposits, disturbing the financial order, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention, and shall be punished by a fine of not less than 20,000 yuan or not more than 200,000 yuan or not more than 20,000 yuan; the amount of money is huge or there are other serious circumstances, shall be sentenced to not less than three years or not more than 10 years shall be sentenced to fixed-term imprisonment of not more than three years and a fine of not less than fifty thousand yuan and not more than five hundred thousand yuan.

If a unit commits the preceding paragraph, the unit shall be sentenced to a fine, and its directly responsible supervisors and other directly responsible persons shall be punished in accordance with the provisions of the preceding paragraph.