Investors go to the police to register their creditor's rights and explain the situation, but they provide information themselves, which does not necessarily lead to Linshan Finance being characterized as an illegal fund-raising platform. For example, what is the P2P business model of Linshan Finance? Did you make the promise of capital preservation and interest payment declared by the police in the publicity process? In what way and form was this commitment made? Whether it is in the form of capital preservation wealth management products or regular repurchase. Will have a certain impact on the interpretation of the case. Crime and non-crime should ultimately be decided by the court, rather than the crime of illegally absorbing public deposits as long as investors report the case. This is an important misunderstanding.
Secondly, even if it is determined to participate in illegal fund-raising, the state will not confiscate or confiscate the investors' money, but will organize the expulsion work in strict accordance with laws and regulations.
Many people will worry about whether it is possible to recover the funds invested by investors. According to the relevant regulations, it is necessary to recover.
However, it is difficult to return it in full, and it will be returned in proportion after the assets are liquidated. After the judgment of the first instance, the court will make a list. At this stage, as the Shanghai police said, investors should register their investments first, so as to facilitate the later repayment of funds, including the borrower's debts, and also facilitate the organization of recovery. Generally, there will be a unified registration channel for timely repayment, such as Huizhou e-speed loan case.
the basis of law
For example, 20 14 Opinions of the Supreme People's Court, the Supreme People's Procuratorate and the Ministry of Public Security on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Illegal Fund-raising clearly stipulates: "The property involved in sealing up, distraining and freezing shall generally be returned to fund-raising participants after the end of the proceedings. If the property involved is not returned in full, it will be returned in proportion to the amount raised by the fund-raising participants. "
According to Article 45 of the State Council's Operating Rules for Handling Illegal Fund Raising, the registration and confirmation of creditor's rights and debts shall include the following contents: (1) Announcement of creditor's rights and debts. (2) Accepting the declaration of creditor's rights and debts. The declarer shall go through the formalities of declaration of creditor's rights and debts with his legal and valid documents, fund-raising contracts, receipts and other related materials. (3) The task force identifies the identity of creditors, the amount of funds raised and other information, and registers the amount of funds raised one by one.
In domestic judicial practice, taking finance and money as examples, users should worry not whether their investment can be recovered, but how much they can recover.
In a large number of illegal fund-raising cases in China, it has become a "necessary procedure" for public security organs to recover relevant fund-raising funds and return them to investors in proportion.
For example, the illegal fund-raising case in Youyi.com in that year has returned 40% of the investor's principal, which lasted for 3 1 month; In the illegal deposit case of Le Online Loan, the remaining 70% of the investor's principal was tried for 22 months. However, the compensation for the nationwide e-rental fund-raising fraud case is still in progress. In the case of illegal fund-raising by Oriental Venture Capital, the investor's principal remained 48.7%, and the trial lasted for 9 months; In the case of illegal deposit of Tongdu Loan, the investment funds were refunded at the rate of 12.3%, and the trial lasted for 14 months.