In order to thoroughly implement the relevant provisions of the "Regulations on the Prevention and Disposal of Illegal Fundraising", according to the relevant requirements of the non-leading group of the National Union and the provincial and municipal departments on strengthening the publicity and education of the prevention of illegal fundraising, in order to further promote the prevention and crackdown on illegal fundraising publicity and education, and improve the risk awareness and prevention awareness of the masses, it is scheduled to organize and carry out a series of publicity and education activities on the prevention of illegal fundraising in the city during the New Year's Day and Spring Festival. Participate in illegal fundraising, not protected by law" as a key publicity theme, through the development of wide-coverage, multi-level, down-to-earth, strong penetration of publicity activities, so that the concept of "not greedy for cheap, not deceived, not for high interest and not discounted" is deeply rooted in the hearts of the people, enhance the public's awareness and ability to prevent illegal fundraising, and cultivate a good social atmosphere of national prevention and active rejection of illegal fundraising.
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Awareness Month on the Prevention of Illegal Fundraising
Suizhong Fusion Media
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1.What is illegal fundraising?
It refers to the act of absorbing funds from unspecified objects without the permission of the financial management department in accordance with the law or in violation of national financial management regulations, by promising to repay principal and interest or giving other investment returns.
2.What is an illegal fundraiser?
Refers to units and individuals that initiate, lead, or organize the implementation of illegal fundraising.
3.What are the harms of illegal fundraising activities to society?
Illegal fund-raising activities are very harmful to society.
1) Illegal fundraising causes participants to suffer economic losses. After the offenders gather funds through deception, they squande, waste, transfer or illegally take possession of them at will, and it is difficult for the participants to recover the funds, and in serious cases, they even go bankrupt and lose all their money.
2) Illegal fundraising seriously disrupts the normal economic and financial order and can easily lead to social risks.
3) Illegal fundraising is likely to cause social instability and seriously affect social harmony.
4.What are the characteristics of illegal fundraising?
If the following four conditions are met at the same time, it is suspected of illegal fundraising:
1) Absorbing funds without the permission of the relevant departments in accordance with law or in the form of lawful business;
2) Publicize to the public through the Internet, promotion meetings, leaflets, mobile phone information, etc.;
3) Undertaking to repay principal and interest or pay returns in money, in kind, equity, or other means within a certain period of time;
4) Absorbing funds from the public, i.e., unspecified targets of society.
5.What are the common "vests" of illegal fundraising?
1) Illegally absorbing funds by means such as return sales, after-sales chartering, agreed repurchases, or sales of real estate shares, without the true content of real estate sales or with real estate sales as the main purpose;
2) Illegally absorbing funds by transferring forest rights and managing them on behalf of others;
3) Illegally absorbing funds by means such as substitution planting (breeding), renting planting (breeding), joint planting (breeding), etc.;
4) Illegally absorbing funds by means such as repurchasing commodities or depositing and selling goods without the true content of selling goods or providing services, or not with the sale of goods or provision of services as the main purpose;
5) Illegally absorbing funds by means of false transfer of equity, sale of fictitious bonds, etc., without the true content of the issuance of ** or bonds;
6) Illegally absorbing funds by means such as pretending to be overseas ** or selling fictitious ** without having the true content of the fundraising;
7) Illegally absorbing funds by means such as impersonating insurance companies or forging insurance documents without the true content of selling insurance;
8) Illegally absorbing funds through methods such as online lending, investment in shares, or virtual currency transactions;
9) Illegally absorbing funds by means such as entrusted wealth management or financial leasing;
10) Illegally absorbing funds by providing "pension services", investing in "pension projects", selling "products for the elderly", etc.;
11) Using non-governmental organizations such as "associations" and "societies" to illegally absorb funds;
12) Other acts of illegally absorbing funds.
6.What are the main offences involved in illegal fundraising?
There are two main crimes: one is the crime of illegally absorbing deposits from the public, and the other is the crime of fund-raising fraud.
7.How to sentence for the crime of illegally absorbing deposits from the public?
Whoever commits the crime of illegally absorbing deposits from the public and disrupts the financial order shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment is to be given.
8.What is the sentence for committing fundraising fraud?
where the amount is relatively large, a sentence of up to five years imprisonment or short-term detention is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 5 and 10 years imprisonment is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given.
9.Under what circumstances will it be punished for the crime of illegally absorbing deposits from the public?
In any of the following circumstances, criminal responsibility shall be pursued in accordance with law for illegally absorbing or covertly absorbing deposits from the public:
1) Illegally absorbing or covertly absorbing public deposits in the amount of 1,000,000 RMB or more;
2) Illegally absorbing or covertly absorbing 150 or more public deposits;
3) Illegally absorbing or covertly absorbing deposits from the public, causing direct economic losses of more than 500,000 yuan to depositors.
Where the amount of deposits illegally absorbed or indirectly absorbed from the public is more than 500,000 yuan, or the amount of direct economic losses caused to depositors is more than 250,000 yuan, and there are any of the following circumstances at the same time, criminal responsibility shall be pursued in accordance with law:
1) Those who have been criminally prosecuted for illegal fundraising;
2) Those who have received administrative punishments for illegal fundraising within two years;
3) Causing a vile social impact or other serious consequences.
10.What is the amount of illegally absorbing deposits from the public to be considered "huge"?
In any of the following circumstances, it shall be found to be a "huge amount" as provided for in Criminal Law article 176:
1) Illegally absorbing or covertly absorbing public deposits in the amount of 5 million yuan or more;
2) Illegally absorbing or covertly absorbing 500 or more public deposits;
3) Illegally absorbing or covertly absorbing deposits from the public, causing direct economic losses of more than 2.5 million yuan to depositors.
11.What is the amount of illegally absorbing deposits from the public to be considered "particularly large"?
In any of the following circumstances, it shall be found to be "especially huge amounts" as provided for in Criminal Law article 176:
1) Illegally absorbing or covertly absorbing public deposits in the amount of 50 million yuan or more;
2) Illegally absorbing or covertly absorbing 5,000 or more public deposits;
3) Illegally absorbing or covertly absorbing deposits from the public, causing direct economic losses of more than 25 million yuan to depositors.
12.Under what circumstances can the punishment be mitigated or mitigated for illegally absorbing deposits from the public?
The amount of illegally absorbed or covertly absorbed deposits from the public is calculated on the basis of the full amount of funds absorbed by the perpetrator. Where stolen goods are actively returned before a public prosecution is initiated, reducing the occurrence of harms, the punishment may be mitigated or commuted; Where stolen goods are returned and restitution is made after a public prosecution has been initiated, it may be considered as a sentencing circumstance.
13.Under what circumstances can illegal absorption of deposits from the public be exempted from criminal penalties?
Illegally absorbing or covertly absorbing public deposits, mainly used for normal production and business activities, and being able to return the absorbed funds before initiating a public prosecution, may be exempted from criminal punishment; Where the circumstances are obviously minor and the harm is not great, it is not to be handled as a crime. Where it is not necessary to pursue criminal responsibility or to be exempted from criminal punishment in accordance with law, the case shall be transferred to the relevant administrative organ in accordance with law.
14.Under what circumstances will I be convicted and punished for the crime of fundraising fraud?
For the purpose of illegal possession, the use of fraudulent methods to illegally raise funds is punished as the crime of fundraising fraud.
In any of the following circumstances, the use of fraudulent methods to illegally raise funds may be found to be "for the purpose of illegal possession":
1) After the fundraising is not used for production and business activities, or the use of production and business activities is obviously disproportionate to the scale of the funds raised, so that the fund-raising funds cannot be returned;
2) Wantonly squandering the funds raised, so that the funds cannot be returned;
3) Fleeing with the raised funds;
4) Using the raised funds for illegal or criminal activities;
5) Evading or transferring funds, concealing assets, or evading the return of funds;
6) Concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy, to evade the return of funds;
7) Refusing to explain the whereabouts of funds or evading the return of funds;
8) Other circumstances where the purpose of illegal possession may be determined.
15.What is the amount of fundraising fraud that is considered to be "relatively large"?
Where the amount of fundraising fraud is 100,000 yuan or more, it is found to be a "relatively large amount".
16.What is considered to be a "substantial" amount of fundraising fraud?
Where the amount of fundraising fraud is more than 1 million RMB, it is found to be a "huge amount".
17.How is the amount of fundraising fraud calculated?
The amount of fund-raising fraud is calculated on the basis of the amount actually obtained by the perpetrator, and the amount returned before the case is committed. Advertising fees, intermediary fees, handling fees, or kickbacks, or expenses such as bribery or gifts, paid by the perpetrator for the purpose of carrying out fundraising fraud are not to be deducted. Interest paid by the perpetrator to carry out fundraising fraud shall be included in the amount of the fraud, except that the principal may be discounted if the principal has not been returned.
18.Where a unit commits the crime of illegally absorbing public deposits or fundraising fraud, how is it convicted and punished?
In accordance with the standards for conviction and sentencing of crimes committed by natural persons as provided for in the "New Interpretation", the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be convicted and punished.
19.How to punish advertising agents and advertisement publishers for providing false publicity for illegal fundraising?
In any of the following circumstances, where advertising agents or advertisement publishers violate state provisions by using advertisements to falsely advertise goods or services related to illegal fundraising activities, they are to be convicted and punished as the crime of false advertising in accordance with article 222 of the Criminal Law:
1) The amount of unlawful gains is 100,000 RMB or more;
2) Causing serious harmful consequences or a heinous social impact;
3) Using advertisements to make false publicity within two years, and having received two or more administrative punishments;
4) Other situations where the circumstances are serious.
20.How to punish those who illegally absorb funds from the public through pyramid schemes, which constitutes the crime of illegally absorbing deposits from the public or the crime of fund-raising fraud, and at the same time constitute the crime of organizing or leading pyramid schemes?
Conviction and punishment are to be in accordance with the provisions for the heavier punishment.
21.Who is responsible for the losses incurred by participating in illegal fundraising?
The losses incurred by participating in illegal fundraising shall be borne by the fundraising participants, and the interests of the participants shall not be protected by law.
22.Are the contracts for illegal fundraising valid and can the return on investment be supported?
Illegal fundraising is illegal, and the contract signed between the fundraising participant and the fundraiser is invalid. The interest clause agreed in the illegal fundraising contract is also invalid, and the return on investment is not protected by law.
23.What should I do if I find illegal fundraising activities?
Once it is discovered that an enterprise or individual has illegally raised funds or illegal activities, it shall promptly report or report to the public security organs, and the public security organs shall file a case for investigation and punishment. As fundraisers, we should pay attention to collecting evidence of illegal fund-raising activities, assist the public security organs in handling cases, and avoid illusions to avoid suffering greater losses.
24.What are the requirements for the withdrawal of raised funds?
1) The balance of funds illegally raised;
2) the proceeds of illegal fundraising funds or other assets converted therefrom;
3) The economic benefits obtained by the illegal fundraiser and its shareholders, actual controllers, directors, supervisors, senior managers and other relevant persons from the illegal fundraising;
4) Illegally raised funds or related assets concealed or transferred by illegal fundraisers;
5) Economic benefits such as advertising fees, endorsement fees, premium fees, benefit fees, rebate fees, commissions, and commissions obtained through illegal fundraising;
6) Other assets that can be used as funds for the liquidation of fundraising.
25.Is it suspected of illegal fundraising to absorb funds from relatives, friends or units for specific targets?
Where funds are not publicized to the public, but are solicited from relatives, friends, or units for specific targets, it is not an illegal absorption or covert absorption of public deposits.
26.After obtaining the business license of the industrial and commercial department and the license of the industry supervision department, can I absorb funds from the public?
Absorbing funds from the public is a licensed financial business, and it must obtain the permission of the financial regulatory department, otherwise it is suspected of illegal fundraising.
27.If I have obtained a business license and a license from the financial regulatory department, may I be suspected of illegal fundraising?
It's possible. If it exceeds the scope permitted by the financial regulatory authority to absorb funds from the public, it may also be suspected of illegal fundraising.
28.Is there a possibility that the employees of financial institutions may illegally raise funds?
Exist. Employees of financial institutions such as banks, insurance, and ** are often more confusing because of their professional knowledge and the blessing of their working status in financial institutions.
29.What are the common methods of illegal fundraising?
One is the promise of high returns. Criminals often make up the myth of "pie in the sky" and "overnight rich", promising investors high returns. In order to deceive more people into participating in fundraising, illegal fundraisers often honor the promised principal and interest on time and in full at the initial stage of fundraising, and after the fundraising reaches a certain scale, they secretly transfer funds or abscond with the money, causing the fundraising participants to suffer economic losses.
The second is to fabricate false projects. Most of the criminals have registered legitimate companies or enterprises, and under the guise of responding to national industrial policies and carrying out entrepreneurship and innovation, they fabricate all kinds of false projects, and some even organize free tours and inspections to deceive the public's trust.
The third is to build momentum with false propaganda. Criminals often spend a lot of money on publicity, hiring celebrity endorsements, celebrity platforms, publishing advertisements on major radio and television, networks, etc., publishing exclusive interview articles in famous newspapers and periodicals, hiring people to widely distribute leaflets, making social donations, etc., to create a false momentum.
Fourth, the use of family affection to deceive. In order to accomplish or increase their own performance, some participants in illegal fundraising sometimes adopt methods similar to pyramid schemes, and do not hesitate to take advantage of family ties and geographical ties to fabricate lies that they have obtained high returns, and to attract relatives, friends, classmates, or neighbors to join, so that the number of participants spreads rapidly, resulting in the continuous expansion of the scale of illegal fundraising.
30.What are the common schemes of illegal fundraising?
Step 1: Draw the pie. Illegal fundraisers weave one or more projects that are as "high" as possible. Under the guise of "new technology", "new revolution", "new policy", "blockchain", "virtual currency", etc., a blueprint with rich expected rewards is depicted, and the appetite of fundraising participants is "hoisted", so that they have the illusion that "they cannot be missed" and "the opportunity cannot be missed". Illegal fundraisers will generally draw a big "pie" to attract the attention of participants as much as possible.
Step 2: Build momentum. Use all resources to make the momentum bigger. Illegal fundraisers usually hold various activities to build momentum, such as press conferences, product promotion meetings, on-site observation meetings, experience day activities, knowledge lectures, etc.; Organize collective tours, inspections, etc., and give small gifts such as rice, flour, oil, and phone bills; A large number of real or false "technical certification", "award certificates" and "* approvals"; Announced some leaders to inspect film and television materials, company leaders and celebrities took a group photo; Deliberately choosing the event to be carried out in the first conference center and auditorium, the scene is large and the specifications are very deceptive.
Step 3: Absorb gold. Find ways to get the money out of your pocket. Illegal fundraisers give participants their first taste of "sweetness" through rebates and dividends, so that they believe that putting money there will not only have a considerable income, but also be safer than putting it in their own pockets.
Step 4: Run. Illegal fundraisers often run away after "absorbing gold" for a period of time, or because they were originally "Ponzi **" people who went to empty buildings, or because of poor management, the capital chain was broken. Fundraising participants suffered heavy financial losses and even lost their money.
Therefore
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