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Q: Hello, I want to ask a question. I wonder if you have heard the news recently that the "Three Rural Professional Cooperatives" in Longyao County of Xingtai is suspected of illegal fund-raising? The Xingtai government determined that the organization was suspected of illegal fund-raising and arrested hundreds of key personnel and branch presidents in various towns and villages. (The cooperative involves dozens of urban areas such as Xingtai, Shijiazhuang and Handan, and has three or five hundred branch presidents in various towns and villages. ) My question is as follows: 1: If it is time, what kind of legal responsibility do you need to bear? 2. If the president is suspected of illegally raising nearly 6,543,800 yuan, will he be sentenced? If yes, how long will it take? All the money raised was reported to the agency headquarters and was not transferred. Including his own money, he is also a victim. He has always believed that cooperatives are legal. It is reported that the total amount of funds raised by this institution is about10 billion. 3. If there are several small presidents under the president, will the amount of funds raised by these small presidents be counted on the president? (The president only earns the service fees of these vice presidents, and gives the president 20,000 yuan at a time. ) 4: Now that the case is under investigation, when can the family of the arrested president hire a lawyer for them?

A: The Scout Law Online Consultation will answer your question.

Hello, first, judging whether it is illegal fund-raising depends on whether it is illegal fund-raising fraud. Under any of the following circumstances, it can be regarded 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. Two. Legal basis: 1) the Supreme People's Court's explanation on some issues concerning the specific application of law in the trial of criminal cases of illegal fund-raising.

Article 4 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. Illegal fund-raising by fraudulent means can be regarded as "for the purpose of illegal possession" under any of the following circumstances: (1) After fund-raising is not used for production and business activities, or it is obviously disproportionate to the scale of fund-raising, so that the fund-raising 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 actor's illegal fund-raising behavior has the purpose of illegal possession, the fund-raising involved in this part of illegal fund-raising behavior shall be convicted and punished for 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) Article 192 of the Criminal Law refers to the crime of fund-raising fraud, in which illegal fund-raising is conducted by fraud for the purpose of illegal possession. If the amount is relatively large, he 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.