In recent years, illegal fund-raising and illegal deposit cases are still in a high incidence situation, and some third-party platforms are under the banner of "innovation", cloaking in virtual currency, financial investors, financial supermarkets and other confusing and deceptive "tricks" to attract investors to invest funds.
In order to guide investors to establish a rational investment awareness and improve the financial literacy of the general public, this issue aims to enhance the awareness of preventing illegal fundraising by analyzing typical cases and common routines of new types of illegal fundraising.
Under the guise of "innovation".
Illegal fundraising
1 piece of Pu'er silver corresponds to Pu'er tea worth 1 yuan. "In the absence of any financial license issued by the state, a Pu'er blockchain company privately issues the virtual currency "Pu'er coin" through the Internet, and investors can buy Pu'er coins or trade through a platform to earn the difference in price from the ** fluctuations of Pu'er coins.
Verified by **The fluctuation of this virtual currency is controlled by the above-mentioned companies directly modifying the data on the platform, and attracting more investors to invest in buying cryptocurrencies through artificial continuous raising. When a large number of investors entered the market, the company maliciously manipulated the trend of the silver coins and continued to cash out, resulting in the worthlessness of the silver coins in the hands of investors.
Criminals take advantage of the fact that most people do not understand new concepts and technologies such as virtual currencies and blockchains, and under the guise of 'financial innovation', they promise high returns to users, but in fact engage in illegal fundraising.
The key to the legitimacy of fundraising also lies in whether the fundraising behavior complies with the requirements of laws and regulations. The Regulations on the Prevention and Handling of Illegal Fundraising make it clear that illegal fundraising refers to non-fundraisingWith the permission of the financial management department in accordance with the law or in violation of the national financial management regulationsThe act of soliciting funds from unspecified targets by promising to repay principal and interest or giving other investment returns.
The token issuance and financing is an act of illegal public financing without approval, and the tokens used do not have monetary attributes such as legal compensation and mandatory, do not have the same legal status as currency, and cannot and should not be used as currency in the market, and no organization or individual may illegally engage in token issuance and financing activities. Therefore,Token issuance and financing is an illegal fundraising activity.
Use names such as "financial supermarket".
It does not mean that it has been legally licensed
The Regulations on the Prevention and Handling of Illegal Fundraising stipulate that, unless otherwise provided by laws, administrative regulations and the state, the names and business scope of enterprises and individual industrial and commercial households shall not contain the words "finance", "exchange", "trading center", "wealth management", "wealth management", "equity crowdfunding" and other words or contents. However, before the commencement of the Ordinance (1 May 2021).There are a large number of companies that use the words "finance" and "financial supermarket" in their names, and the use of the above words in the company's name or business scope does not mean that the financial business carried out by the company has been legally approved by the financial management department.
Through the establishment of a "financial supermarket", an information consulting company released information on the absorption of deposits without obtaining the permission of the financial management department in accordance with the law, and used the monthly interest rate of 9% as a bait to absorb deposits from more than 180 unspecified people in the society, and the amount involved was more than 1,700 yuan. The use of the word "financial supermarket" in the name of the company makes it easy for the public to be confused into believing that it is a formal financial institution. Promising "high interest returns", because the promised interest is higher than the interest on bank deposits in the same period, people are easily attracted.
The financial industry is a franchise industry, and no unit or individual may set up a financial institution without approval, engage in or engage in financial business activities in disguise, and shall not operate without a license or beyond the scope of operation; Licensed financial institutions must be licensed by the financial management department in accordance with the law and in accordance with the national financial management regulations. Investors should not blindly believe that the company's name is lofty, and should choose formal institutions and formal channels with corresponding financial business qualifications to obtain financial services. Specifically, you can log in to the financial management department** and industry association** to inquire about the relevant information of the institution, or verify the qualification of the institution with the local financial management unit.
Through word of mouth from friends and family
Illegally absorbing deposits from the public
Illegally absorbing public deposits through word of mouth from relatives and friends, "promising high interest rates three to five times higher than bank deposits in the same period, relatives and friends have made great profits through investment." ”
An asset management***Without the approval of the financial management department, they are not qualified to engage in the business of absorbing deposits from the publicIn the case of a promise of an annual interest rate of 12% to 18%, through word of mouth among relatives and friends, mutual publicity and promotion to carry out investment and wealth management business, a total of 641 deposits were illegally absorbed from the public430,000 yuan, and only 160,000 yuan of principal was returned at the time of the incident.
During the period, Guo, the cousin of the company's legal representative Mou, learned about the asset management investment and wealth management business, and actively publicized it to relatives, friends and nearby villagers, and handled the investment procedures on behalf of the public, illegally absorbing deposits from the public 11090,000 yuan, and the principal of 210,000 yuan was returned at the time of the incident.
In this case, Mu and Guo's main methods of committing the crime include:By exaggerating the size of the company, making "regular" financial statements, fabricating investment projects, etcto gain the trust of the masses in the company; Take advantage of the desire of the masses for high yields, passPromise high interest rates three to five times higher than bank deposits over the same period,** Mass investment that lacks financial management means, and the defendant cashes in by borrowing new money to repay the old until the capital chain is broken; Through word of mouth among relatives and friends, mutual publicity and promotion to attract the masses to investThe masses are confused by the publicity of acquaintances' investment profits and their trust in acquaintancesCaught in the trap of illegal fundraising.
The people's court finally sentenced a fine of RMB 100,000 for asset management, sentenced Mu to three years in prison and a fine of RMB 50,000, and sentenced Guo to two years in prison, suspended for three years, and fined RMB 20,000 for the crime of illegally absorbing public deposits.
Reject the "get rich" myth
Choose legal investment and wealth management products
There are four characteristics of illegal fundraising
The first is to decorate the company's façade and create an illusion of strength. The second is to fabricate investment projects to dispel the doubts of the masses. The third is to confuse the concept of investment and make it more difficult to identify. Fourth, it promises high returns and fabricates the myth of "getting rich".
In real life, what types of financial traps are consumers and investors prone to fall into?
There are three main types of common financial risks
The first type is the "Ponzi **" that changes the tricks, using high-interest returns as bait to carry out illegal fund-raising by beating drums and passing flowers; The second category is all kinds of illegal public offerings, which are disguised as illegal fundraising in the form of "fake private placement, real public offering"; The third type is the risk of financial derivatives investment, which involves complex professional transaction design, and investors who do not understand the inside are easy to fall into the routine of illegal fundraising.
Legal consequences of illegal fundraising
According to the relevant regulations, illegal fundraisers will be fined not less than 20% but not more than 1 time of the amount of funds raised. If the illegal fundraiser is a unit, the license, business license or registration certificate may be revoked in accordance with the law. If a crime is constituted, the relevant units or individuals will be investigated for criminal responsibility in accordance with law.
In the mindset of "financial anxiety".
How to choose legal financial investment and wealth management products
One is toChoose a formal financial institution。For all kinds of investment and wealth management institutions in the society, it is necessary to distinguish whether they have the business qualifications to engage in financial activities, and consult the local financial regulatory department for confirmation when necessary.
The second isReasonable balance of benefits and risks, firmly believe that pie will not fall from the sky. Illegal fundraising often involves the masses with high returns, but illegal fundraisers often squander the raised funds or use them to pay the interest on the previous loans, generally lacking the means of making profits, it is difficult to cover the high interest expenses, and it is very easy to break the capital chain.
The third isTake the initiative to report and stop losses in time。The nature of illegal fundraising is Ponzi **, and as the amount of illegal fundraising snowballs bigger and bigger, it will inevitably fall to the bottom and collapse. Everyone should fully understand the harmfulness of illegal fundraising, and once they participate in illegal fundraising, they should resolutely withdraw and take the initiative to report to the local financial management department or public security organ.