According to the definition of pyramid selling, pyramid selling refers to pyramid selling activities in which participants are required to obtain the qualification to join by paying fees or purchasing goods and services in the name of selling goods or providing services, forming a hierarchy in a certain order, and directly or indirectly taking the development number as the basis for reward or rebate, inducing and coercing participants to continue to develop others' participation, defrauding property and disrupting economic and social order. Then, as long as they participate in pyramid schemes, the lower-level personnel are both victims and participants. If it reaches the pyramid scheme level stipulated by law, it will be sanctioned by law and the deposits absorbed by pyramid schemes will be confiscated.
1. Who should own the money illegally obtained from pyramid schemes?
According to the provisions of China's criminal law, the illegal income from participating in pyramid schemes and developing offline should be returned. The illegal income from participating in pyramid schemes exceeds 6,543,800 yuan, which violates the provisions of the Criminal Law. Those who surrender themselves and return their illegal income may be given a lighter or mitigated punishment. The criminal law stipulates that the legitimate property of pyramid scheme victims should be returned.
According to China's criminal law, the Supreme People's Procuratorate and the Ministry of Public Security's "Standards for Prosecution of Economic Crimes" and "Regulations on Prohibition of MLM", actively participate in MLM activities and actively develop offline. Those who have illegal income belong to MLM participants; Other buyers who aim at investment, have not developed offline and have not obtained illegal income are not participants in MLM.
MLM participants have reached the prosecution standard for the crime of illegal business operation stipulated in the Criminal Law and relevant judicial interpretations, and the police will investigate their criminal responsibility, and the illegal income must be returned. Criminals who surrender themselves may be given a lighter or mitigated punishment, and those who commit minor crimes may be exempted from punishment.
Except for the principal offender, those who participated in pyramid selling crimes and earned more than 654.38 million yuan in illegal income may be given a lighter, mitigated or exempted punishment according to law, although their acts have violated the relevant provisions of the Criminal Law, such as voluntarily surrendering themselves to public security organs and returning illegal income.
According to the law, for crimes against property such as theft and fraud, after solving the case, all the property illegally obtained by criminals should be recovered or ordered to be returned; The lawful property of the victim shall be returned in time.
Second, about the handling of stolen money and goods.
Physical objects as evidence shall be transferred with the case. If it is not suitable for transfer, the list, photos or other supporting documents shall be transferred with the case.
The judgment made by the people's court shall deal with the sealed-up, distrained and frozen property and its fruits.
After the judgment made by the people's court takes effect, the relevant authorities shall deal with the sealed-up, distrained and frozen property and its fruits according to the judgment. The seized, detained and frozen stolen money and its fruits shall be turned over to the state treasury, except those returned to the victims according to law.
Judicial personnel who embezzle, misappropriate or privately dispose of the seized, distrained or frozen property and its fruits shall be investigated for criminal responsibility according to law; Those who do not constitute a crime shall be punished.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Article 64 of the Criminal Law, all the property illegally obtained by criminals shall be recovered or ordered to make restitution; The lawful property of the victim shall be returned in time; Contraband and personal articles used in crimes shall be confiscated. Confiscated property and fines shall be turned over to the state treasury and shall not be misappropriated or disposed of by themselves.