(1) The raised funds are not used for production and business activities, or are obviously out of proportion to the scale of the raised funds, so that the raised funds cannot be returned.
(two) wantonly squandering fund-raising, so that the fund-raising can not be returned;
(3) fleeing with funds;
(4) The funds raised are used for illegal and criminal activities;
(5) Evading, transferring funds, concealing property or evading the return of funds;
(six) concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to escape the withdrawal of funds;
(seven) refused to account for the whereabouts of funds, to escape the return of funds;
(eight) other circumstances that can be identified as the purpose of illegal possession.
legal ground
1. According to Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fund-raising:
Whoever commits the acts listed in Article 2 of this Interpretation by fraudulent means for the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud in accordance with the provisions of Article 192 of the Criminal Law.
In any of the following circumstances, it can be considered as "for the purpose of illegal possession":
(1) The raised funds are not used for production and business activities, or are obviously out of proportion to the scale of the raised funds, so that the raised funds cannot be returned;
(two) wantonly squandering fund-raising, so that the fund-raising can not be returned;
(3) fleeing with funds;
(4) The funds raised are used for illegal and criminal activities;
(5) Evading, transferring funds, concealing property or evading the return of funds;
(six) concealing or destroying accounts, or engaging in fake bankruptcy or bankruptcy to escape the withdrawal of funds;
(seven) refused to account for the whereabouts of funds, to escape the return of funds;
(eight) other circumstances that can be identified as the purpose of illegal possession.
The purpose of illegal possession in the crime of fund-raising fraud should be determined according to the situation. If part of the illegal fund-raising behavior of the actor has the purpose of illegal possession, the fund-raising involved in this part of illegal fund-raising behavior shall be convicted and punished for the crime of fund-raising fraud;
If the center of the crime of illegal fund-raising has the purpose of illegal possession and other actors have no intention or behavior of illegal possession of fund-raising, the actor with the purpose of illegal possession shall be convicted and punished for the crime of fund-raising fraud.
2. According to article 192 of the Criminal Law:
Financing fraud
Whoever illegally raises funds by fraudulent means 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 20,000 yuan but not more than 200,000 yuan; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan;
If the amount is especially huge or 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 50,000 yuan but not more than 500,000 yuan or confiscated property.
Extended data:
1, penalty for illegal fund-raising:
In addition to administrative penalties such as confiscation of illegal income, fines and banning institutions engaged in illegal financial business, if the case constitutes a crime, criminal responsibility shall be investigated according to law. Participation in illegal fund-raising activities is not protected by law.
The losses suffered by participating in illegal public deposit absorption and illegal fund-raising activities shall be borne by the participants themselves, and the debts and risks formed shall not be passed on to the state-owned banks, other financial institutions and any other units that have not participated in illegal public deposit absorption and illegal fund-raising activities.
After clearing up the creditor's rights and debts, if there is any illegal property left, it shall be confiscated and turned over to the central treasury on the spot. In the process of banning illegal absorption of public deposits and illegal fund-raising activities, local governments are only responsible for organizing and coordinating work, and cannot take financial allocations to make up for the losses caused by illegal fund-raising.
2. Monitoring and investigation
On September 4th, 20 18, in order to further prevent illegal fund-raising, the General Office of the Ministry of Education issued a notice, demanding to strengthen publicity and education, raise awareness of risk prevention, strengthen daily monitoring, improve risk prevention mechanism, strengthen communication and coordination, and ensure the safety and stability of the campus.
201812 the CSRC organized a special inspection of 453 private equity institutions, and the inspection objects were selected by means of "problem risk orientation" and "random sampling", including 2,865,438 private equity and venture capital fund managers and165,438 private equity fund managers.
* * * It involves 4,374 funds with a management scale of 2.08 trillion yuan, accounting for 17.20% of the total management scale of the industry.
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