Recently, Nanshan Procuratorate handled an illegal fund-raising case on the Internet platform. By the time of the incident, the company involved had developed more than 78,000 members in 89 cities in 17 province, and absorbed more than 470 million yuan of public deposits in disguise. The prosecutor of Nanshan Procuratorate told the reporter that the current trend of illegal fund-raising cases (including the crime of illegally absorbing public deposits and the crime of fund-raising fraud). ) obviously. Among the recent 10 cases of illegally absorbing public deposits, there are two cases of illegally raising funds by using the Internet platform. The prosecutor told reporters that in fact, criminals are using old bottles to pack new wine, combining the ancient Ponzi scheme with the Internet, so that more people are deceived. The typical case of creating a fake online shop to attract members by cashback is exactly the same as the case of "winning the world online" reported by this newspaper. Several defendants suspected of illegally absorbing public deposits also have surprisingly low academic qualifications. Most of the eight defendants have junior high school education, and one of them even has a primary school education, but there is also a defendant born in 1956 who has a master's degree. The company involved had a criminal record before committing this crime, and then changed its name to continue illegal and criminal activities. According to the prosecution's accusation, the criminal suspect registered and established an advertising company in a mountain (handled separately) on 200 1 and changed it to Shenzhen * * E-Commerce Co., Ltd. (hereinafter referred to as * * Company) on 20 10. * * In May, 2009, the company began to set up members for the development of online advertising business, and began to carry out illegal business by means of advertising rebates, and then continued to commit crimes as its main activity. Starting from 20 10, they began to launch three sets of plans one after another and began to circle money for the majority of netizens. According to the accusation of the public prosecution agency, in July of 20 10, * * Company transformed to develop e-commerce business, started to operate Baokuang.com e-commerce website, and sold value-added online stores to its members by exaggerating the concept of e-commerce, referred to as Plan A for short. On October 20111/0, * * Company launched the Entrepreneurship Angel Plan, referred to as Plan B. Compared with Plan A, the content of this plan is only to modify the rebate method, and the essence is still to absorb public deposits in disguise. 20 1 1 In September, * * Company changed from selling value-added online stores to developing vip members of consumer goods, referred to as Plan C. Plan C has not changed the nature of * * company's disguised absorption of public deposits. 20 12 June, * * Company was unable to make the rebate according to the promised date and amount due to the shortage of funds, so it launched a new take-off mode, canceled all the original rebate plans, and publicized that * * Company and its cooperative enterprises would be listed soon, with the aim of digesting the rebate withdrawal of old members by replacing shares, and continuing to absorb public deposits in disguise through investment in shares. 17 province found nearly 80,000 victims. Since 2009, * * Company has engaged in illegal business by various operating modes such as advertising rebate and e-commerce, attracting the development of agents at all levels with a high return of 10%-25% of members' investment, absorbing public deposits in disguise through agents with a high rebate, and returning the investment rebate of former members with the investment funds of later members. The purpose is to * * shareholders and all levels of the company. On August 2, 2065438, when the incident occurred, * * Company * * developed municipal agents in 89 cities in 17 province, and developed more than 78,000 members through agents; According to the verified bank account audit results and the extracted member data, * * Company has absorbed 470 million yuan of public deposits in disguise, and its members still have 550 million yuan in cash; * * The total amount of funds in the company's frozen account is only1411508.22 yuan. The eight people prosecuted by the Nanshan prosecutor are all agents of * * company in various places and shareholders of * * company. They also have the status of legal representative, general manager, marketing director and network director. Analysis of the old model: Ponzi scheme is still the way to raise funds. The procurator of Nanshan Procuratorate summarized the cheating methods in such cases to reporters. In fact, it still hasn't jumped out of the Ponzi scheme, which was first popular in the United States since the 1920s, that is, fake projects attract investment, and the latter investors pay the principal and interest of the former investors. Just put on a veil of the Internet. In this kind of cases, criminals first register and set up a company, then set up a website on the Internet in the name of the company, launch various investment projects on the website, attract the public to register as members by exaggerating publicity and promising high rebates, and then make investments through the website. The investment projects provided on the website are basically nominal, and the sales of limited goods are hidden. The website is managed by the company and does not need members to operate. Members only need to buy investment projects. Criminals use the funds of late investors to pay the rebates and principal of early investors. When funds are tight, it is impossible to make a rebate according to the promised date and amount, falsely claiming that the company is about to go public, digesting the rebate of old members by replacing equity, and continuing to absorb public funds.
Legal objectivity:
Criminal Procedure Law of the People's Republic of China
Article 110 Any unit or individual who discovers criminal facts or suspects has the right and obligation to report to the public security organ, the people's procuratorate or the people's court. Victims have the right to report and accuse criminal facts or criminal suspects who infringe their personal and property rights to public security organs, people's procuratorates or people's courts. Public security organs, people's procuratorates or people's courts shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling, and the informant, complainant and informant shall be notified; For those who are not under their jurisdiction and must take emergency measures, they should take emergency measures first and then transfer them to the competent department. Where a criminal surrenders himself to a public security organ, a people's procuratorate or a people's court, the provisions of the third paragraph shall apply.