What are the defense points of fund-raising fraud?

1, the defendant does not have the purpose of illegal possession, and the defendant does not have the purpose of illegal possession, whether from the perspective of innocent defense that the defendant does not constitute any crime or from the perspective that the defendant only constitutes the crime of illegally absorbing public deposits, which is the primary consideration for defense lawyers to handle fund-raising fraud cases. In practice, for cases involving tens of millions or even hundreds of millions of yuan, due to the huge amount and the pressure brought by many victims, the defendant cannot be identified as a crime of fund-raising fraud. When considering whether it has the purpose of illegal possession, the use of funds after obtaining the fund-raising funds from the defendant and whether the defendant has invested in relevant units and projects are considered in many aspects. At this stage, there are investments in new industries, such as mobile payment platforms like Alipay and WeChat a few years ago, and Batie, which is very popular recently. For this kind of innovative and breakthrough industry, we should pay more attention to whether it can be realized and the benefits it will bring. Just because the industry is advanced and cannot be understood by the society at this stage, it should not be considered that the defendant has fictional facts, so that he has the purpose of illegal possession. 2. Start with expert opinions and plead not guilty in the case of insufficient evidence. Expert opinions in the form of reports and audit reports are the key evidence of the crime of fund-raising fraud. Because the crime of fund-raising fraud will inevitably involve the determination of the amount, the expert opinion on the determination of the amount is the key to restore the facts of the case. This kind of appraisal opinions mainly involve the funds of the units and individuals involved, the investment of the projects involved, and the handling of the victims' funds. The complexity and numerous materials determine that expert opinions need to be analyzed by professional and qualified units. Therefore, whether the expert opinion can be established becomes the key factor of conviction and sentencing. In practice, defense lawyers should analyze the expert opinions, and form cross-examination opinions of defense lawyers through the entrusting unit, expert unit, expert method, process and materials in the process of making opinions, and then put forward different defense opinions on whether the expert opinions have evidence qualification and probative force according to the actual situation. According to the author's experience, generally speaking, there are always some problems in expert opinions, and the degree of control and handling of these problems is the concentrated embodiment of the lawyer's level. It is worth mentioning that because the crime of fund-raising fraud often takes a certain type of project as the propaganda carrier, whether the specific project can be shaped and whether it has the conditions for profit is also the focus of considering the nature of the whole case. Therefore, for the analysis of specific projects, the author believes that an expert opinion other than data is needed. The author handled a b2b fund-raising fraud case to attract investors' funds by developing a new payment platform. In this case, the court held that the defendant fabricated the facts because the payment platform could not realize the propaganda function. In this case, the author suggested that because the reform of payment products involves professional knowledge in many fields, such as online payment and third-party management, the court should not think that the platform has not achieved its function with the naked eye, but should have professional and legal appraisal opinions to identify the platform. 3. Starting with the use of funds, there is a saying circulating in the workshop: "Success is a legendary entrepreneur, and failure is a fund-raising fraudster." This sentence not only shows the cruelty of business, but also reflects that in fact, many fund-raising fraud cases are actually caused by the inability to withdraw funds, which leads to business failure and criminal offences. Accordingly, before determining whether the defendant constitutes the crime of fund-raising fraud, we should focus on the "coming" and "going" of funds. It should be clearly distinguished whether the funds entering the accounts of the units and individuals involved are investment funds or loans for a project. For the use of funds, we should also consider whether to invest in the development and promotion of specific projects. Since the Internet has gradually entered the public's field of vision as the tertiary industry, every successful Internet company has quickly accumulated resources and seized customers by "burning money" in the early stage. Therefore, how the money came from and how it went cannot be generalized, because it should be analyzed and considered according to the actual situation of the case. 4. Most fund-raising fraud crimes appear in the form of gangs. However, in practice, a unit did not take fund-raising fraud as its main activity at the beginning of its establishment, but changed into a fund-raising fraud unit or fund-raising fraud as part of its business during the development process for various reasons. In this regard, the status, role and amount involved in each unit should be treated differently. For those who are not involved in fund-raising fraud within the unit, they should put forward the opinions of relevant lawyers as soon as possible, and strive for bail pending trial to avoid falling into case investigation. Those who participate in fund-raising fraud but are not the main responsible personnel of the unit shall be distinguished from the main responsible personnel according to the amount involved and the source of the amount (whether from relatives or friends) in order to obtain a lighter punishment. The main person in charge of the unit is still effective in the crime of fund-raising fraud, but this strategy is often used when there is no room for breakthrough in other aspects, which should be paid attention to. In addition, for the amount problem, there is little room for using the ability in fund-raising fraud cases. It should be noted that when the defense lawyer defends the amount, it means admitting that the defendant constitutes the crime of fund-raising fraud. 5. Criminal responsibility should be investigated for unit crime. In order to make the defendant get a lighter punishment, the author thinks that the defense strategy of investigating the relevant responsible person for unit crime can constitute the crime of fund-raising fraud. According to the relevant judicial interpretation, under individual crimes and unit crimes, there is little difference in the sentencing range between the directly responsible person in charge and other directly responsible personnel, but the amount involved is different. If the defendant involved in the case is 3 million yuan, it is deemed as an individual crime, and in the absence of other circumstances, he is generally sentenced to fixed-term imprisonment of 10 years or life imprisonment; Under the same amount, if it is deemed as a unit crime, the directly responsible person in charge and other directly responsible personnel may be sentenced to fixed-term imprisonment 10 year. Therefore, whether to use this strategy should be considered according to the number of specific cases. To determine whether a unit crime should be investigated for criminal responsibility, we should pay attention to the establishment process, main business and the proportion of fund-raising fraud in the unit at the time of the crime. This is also the legitimate rights and interests given to everyone by law. A defense that conforms to the law is of course legal and effective. However, any fund-raising fraud, if it violates the law, can not escape the legal sanctions, and will also be sentenced according to specific sentencing standards. Those who violate the law will all be recovered, and friends who cheat losses can also get compensation. However, as a party, we should also pay great attention not to be deceived to prevent falling into the whirlpool of fund-raising fraud.