Is it useful for a person to report illegal fund-raising? When we do something illegal and criminal, according to the seriousness of the situation, we may need to go to jail. Prison also means that our freedom is deprived. Is it useful to see a person reporting illegal fund-raising?
Is it useful for a person to report illegal fund-raising? 1 useful.
Anyone who illegally raises funds by fraudulent means for the purpose of illegal possession and is suspected of one of the following circumstances shall be prosecuted:
1, personal fund-raising fraud, the amount is more than 654.38+10,000 yuan;
2, the unit fund-raising fraud, the amount of more than 500 thousand yuan.
Article 192 of the Criminal Law: Whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, 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.
Is it useful to report illegal fund-raising to the police?
It is useful for citizens to report to the police after being defrauded by illegal fund-raising cases. After the alarm, the police will file a case for investigation and pursue legal responsibility.
Relevant laws and regulations
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.
Is it useful for a person to report illegal fund-raising? It is illegal to raise funds illegally from a person, and you can also call the police. According to the provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs
(2) Article 49 stipulates that for the purpose of illegal possession, illegal fund-raising or individual fund-raising fraud by fraudulent means shall be filed for prosecution if the amount is more than 100,000 yuan. Article 192 of the Criminal Law stipulates that whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, 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.
legal ground
Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the standards for filing and prosecuting criminal cases under the jurisdiction of public security organs
(two) article forty-ninth for the purpose of illegal possession, illegal fund-raising through fraud, suspected of one of the following circumstances, should be filed for prosecution:
(a) personal fund-raising fraud, the amount of more than one hundred thousand yuan;
(two) unit fund-raising fraud, the amount of more than five hundred thousand yuan. Article 192 of the Criminal Law, whoever illegally raises funds by fraudulent means for the purpose of illegal possession, if the amount is relatively large, 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.
Is it useful to report illegal fund raising? 1. How to judge illegal fund-raising?
The so-called illegal fund-raising refers to the act of absorbing funds from the public (including units and individuals) in violation of national laws and regulations on financial management. The criminal elements include: absorbing funds without the approval of the relevant departments according to law or in the form of legal business; Publicity to the public through the media, promotion meetings, leaflets, mobile phone messages, etc. Commitment to repay principal and interest or pay returns in the form of money, kind, equity, etc. In a certain period of time; Absorb funds from the public, that is, social unspecified objects.
In fact, the initial model of P2P online lending is very simple, and its biggest advantage is that borrowers who are difficult to be covered by traditional banks can fully enjoy the efficiency and convenience of loans through online platforms. However, it is the superiority of this platform that provides great possibilities for their illegal fund-raising.
Han Hao, deputy director of the Economic Crime Investigation Bureau of the Ministry of Public Security, said that in recent years, illegal fund-raising in the name of P2P has become an important means of illegal fund-raising, that is, applying the innovative concept of Internet finance, building a so-called P2P peer-to-peer lending platform, taking high profits as bait, absorbing public funds by fictional borrowers and the use of funds, publishing false bidding information, and suddenly closing websites or absconding with money.
Many people in the financial industry said that many P2P companies did not want to illegally raise funds or run away when they were established, but in the process of doing business, the temptation to expand the scale made some platforms absorb a lot of funds first, and then look for projects. If you have a lot of idle funds in your hand, the high interest you need to pay will bring a liquidity crisis to this platform.
Second, how can investors avoid falling into the trap of illegal fund-raising?
It is understood that there are three main situations in which peer-to-peer lending is suspected of illegal fund-raising. One is to engage in a pool of funds, that is, some P2P peer-to-peer lending platforms design the loan demand as a wealth management product and sell it to the lender, or collect the funds first and then find the borrower, so that the lender's funds can enter the platform account and generate a pool of funds.
Second, some P2P peer-to-peer lending platform operators failed to fulfill their obligation to verify the authenticity of borrowers' identities, and failed to discover in time or even acquiesce in the fact that borrowers posted a large number of false loan information on the platform in the name of multiple false borrowers, also known as loan targets, and raised funds from unspecified majority to invest in real estate, stocks, bonds, futures, etc. , some direct usury illegal fund-raising to earn spreads.
Third, individual P2P peer-to-peer lending platform operators issued false high-interest loan targets to raise funds, and adopted the Ponzi scheme mode of borrowing the new and returning the old, raising a large amount of funds in a short time, some for their own production and operation, and some even absconded with the money.
There is no clear supervision for the emerging crowdfunding financing model, and the temptation and trap of illegal fund-raising are more obvious. As Liu said, crowdfunding has the behavioral characteristics of raising funds from the public and should be bound by existing relevant laws and regulations. However, different types of crowdfunding face different legal risks.