First, the investigation way of illegal fund-raising crime cases
With the rapid development of China's computer network and the increasing enrichment and perfection of non-cash payment tools, more and more illegal fund-raising crimes tend to transfer and remit funds through online banking. Online banking payment records the traces of capital flow, which provides convenience for the implementation of fund investigation and control. It can be said that in the investigation of illegal fund-raising crime, how to effectively investigate and control funds determines the difficulty of detecting the case.
(a) to find the funds involved
1. Get clues about the funds involved through the victim's report. When the victim reports a case to the public security organ, he can often provide information related to the case, such as the personal information, unit information, bank account number or electronic bank account number of the criminal. Through it, the investigation organ can investigate and control the funds involved.
2, through the search found clues to the funds involved. Effective search can find deposit slips, bank cards or notebooks, notes with numbers and codes related to the case, from which clues to the funds involved can be found.
3. Find clues about the funds involved through inquiry and interrogation. Criminal suspects and their family children are often the direct or indirect owners and beneficiaries of the funds involved. We can educate them to be "frank and lenient" and urge them to explain the whereabouts of the funds involved.
4. Look for clues about the funds involved by investigating the social relations of criminal suspects. Some people who have a special relationship with the suspect may have some clues about the case, such as financial institutions that have business dealings with the suspect, or bank outlets where the suspect directly deposits and withdraws money.
(B) the specific implementation of capital inspection and control
1, take the initiative, rely on the "anti-money laundering" mechanism of banks, securities and other financial departments, find the suspicious capital flow in time, and determine whether it is an illegal fund-raising crime case through secret investigation. "The important function of the anti-money laundering mechanism is to monitor and detect abnormal and suspicious capital transactions related to various illegal and criminal activities from the source, discover and cut off the capital chain on which illegal and criminal activities depend in time, and win opportunities for investigating, controlling and tracking criminals to transfer and hide illegal gains." Through the anti-money laundering monitoring and analysis system, with the help and cooperation of banks and other financial departments, the economic investigation organ can actively discover illegal fund-raising criminal activities through fund investigation and control.
2. For some cases with vague clues and unclear nature, the investigation organ can secretly investigate and control funds at the initial investigation stage, and determine whether it is an illegal fund-raising crime by investigating the flow of funds in suspicious accounts. If it is found that the funds flow to the suspected illegal fund-raising crime, it is necessary to take measures of sealing up and freezing in time, file a case decisively, and fix relevant evidence as soon as possible to prevent the suspect from absconding. Found to be normal economic activities, it is necessary to stop relevant investigations in time to avoid adverse effects on related enterprises, units and individuals.
3. For clues with conclusive evidence, it is necessary to intervene in time, control the property, personnel and financial books involved as soon as possible, and check and control the funds in time. Inform relevant financial institutions to cooperate, investigate and control relevant accounts by means of inquiry, freezing and other investigation methods, understand the financial transactions involved in the case in the shortest time, understand the use and flow direction of the funds involved, find out the relevant accounts closely related to the flow direction of funds and their affiliated enterprises, extract information such as cash, the flow of funds to personal accounts and the purchase of private property and articles by funds, and pay attention to collecting relevant bank inquiry forms, accounting bills, invoices and other physical evidence, and collect criminal evidence. According to the source and flow direction of funds, find out the relevant accounts involved, investigate the personnel related to the accounts, find out the operation mode of funds, and find out the criminal facts.
4. In the process of investigating the crime of illegal fund-raising, with the implementation of fund investigation and control, we can find out the facts of the crime, find out the context of the crime, find out the people involved, fix the evidence and arrest the suspects. For example, the flow of funds in relevant accounts should be fixed in the form of written evidence or electronic evidence, and the use and destination of the funds involved should be found out; For the inflow of relevant funds, it is necessary to find out its source. This involves cooperation with relevant departments and even foreign public security organs, so it requires a lot of manpower, material resources and financial resources, which is also the most important link in the investigation of illegal fund-raising crimes. In addition, after investigating and controlling the property of the identified criminal suspects and related personnel, "if it is analyzed that the criminal suspects and related personnel may come to withdraw money in the near future, they can wait and monitor in banks, financial institutions or post and telecommunications departments, and arrest the criminal suspects and related personnel when they withdraw money, or track the relevant personnel who come to withdraw money and arrest the criminal suspects and related personnel." .
5. "After a criminal suspect succeeds in committing a crime, most of the property involved is deposited in a bank or other financial institution, or transferred and cleaned by bank transfer or post office remittance." Therefore, by using the clues found in the investigation and control of funds, we can find out the storage and circulation of the property involved, seal up and freeze the property involved, effectively stop the criminal suspect and related personnel from transferring the property involved, and also prevent the criminal suspect from being used in the crime again, so as to recover the property involved and recover the economic losses. In the case that the basic criminal facts of the case have been ascertained, the investigation organ shall promptly close the net, seal up, detain, freeze and detain the relevant property, money and personnel, and continue to dig deep into the remaining crimes through investigation, interrogation and other measures, collect more powerful evidence and expand the results.
Second, what is illegal fund-raising?
The crime of illegal fund-raising is a stakeholder economic crime with capital-intensive characteristics, and its criminal object is the funds of many unspecified victims. This kind of crime covers up its essential structure of "pulling money" through the organizational form of "pulling people's heads" From the perspective of investigation, cash has no obvious subordination, so it is difficult to be monitored as general personal property; Once cash enters the financial system, its transaction record is its activity track, which can be tracked and investigated by investigators. Investigators can lock the identity of the suspect according to the funds involved, judge the movement of the suspect according to the flow of funds, take timely investigation measures such as sealing up and freezing the funds involved, collect criminal evidence, and recover the stolen money. Therefore, in the investigation of illegal fund-raising cases, we should pay attention not only to people, but also to money, that is, to investigate and control the funds involved. Once the capital chain is effectively investigated and controlled, the breakthrough of the case can be quickly opened, the criminal clues can be grasped in time, the funds involved can be controlled, the criminal suspects can be caught, and the case can be quickly detected.
Three, illegal fund-raising cases fund operation mode
Funds are the core of the crime of illegal fund-raising. In the crime of illegal fund-raising, the operation of funds can even reflect the overall context of such cases. Therefore, in the field of economic crime investigation, the "capital chain involved" is called "criminal DNA". It is the objective economic law of investment that the income is proportional to the risk, and the crime of illegal fund-raising has the typical characteristics of anti-investment law. The typical crime mode of illegal fund-raising crime is Ponzi scheme, which is called "robbing Peter to pay Paul" or "white wolf with empty gloves" in China. Making use of the public's investment demand, fabricating various investment names, luring a large number of "investors" to invest with high investment returns as bait, and using part of the investment funds of the late "investors" to give the early "investors" investment returns.
(A) the typical capital operation mode.
1, the conversion between virtual currency and real currency. The most commonly used mode of fund operation in the crime of illegal fund-raising is "cyclic conversion between virtual currency and real currency". Generally speaking, it is relatively simple for us to trace the track of online banking funds. Therefore, inquiring about the transfer and remittance of suspicious accounts has become the main investigation means of fund investigation and control. However, once the virtual currency is converted into real currency, our tracking of this part of the currency will be interrupted. It is difficult to track the circulation of cash in society. Therefore, even if it is converted into virtual currency again, it is difficult to associate it with the previously tracked virtual currency. Therefore, criminals who commit the crime of illegal fund-raising will adopt the mode of "virtual currency-real currency-virtual currency-real currency ...". Converting funds to each other will interrupt the connection of the capital chain and make investigators lose track and control of the funds involved.
2. Online banking transactions have advantages and disadvantages. With the popularity of e-commerce, it is more and more common to use bank cards and credit cards for online bank transfer, remittance or settlement. Criminal means can always keep pace with the times, so in the crime of illegal fund-raising, criminals prefer to use online banking transactions in addition to traditional cash transactions.
Online banking transactions have many characteristics, such as safety, convenience, quickness and no geographical restrictions. While bringing convenience to life, it also provides criminals with new ways of committing crimes, such as opening accounts, withdrawing money, transferring money, committing crimes across provinces and different places, and so on. This brings many difficulties to the investigation work, especially in the inter-provincial and inter-departmental investigation cooperation, the use of investigation measures is delayed, which also provides conditions for criminals to escape and hide the stolen money.
3. Use false account opening information to open multiple accounts and conduct small transactions. Due to the implementation of information real-name authentication system, the phenomenon of using fake ID cards to open accounts has basically disappeared, but the phenomenon of using other people's identity information to open accounts still exists. Because the financial system does not stipulate the number of accounts opened by individuals or departments, it is common for criminals to open multiple accounts by using other people's or their own identity documents. In addition, due to the existence of the anti-money laundering monitoring system, the state pays more attention to the flow of large-sum funds, so criminals usually replace large-sum transactions with many small-sum transactions when transferring, remitting and withdrawing money. The crime of illegal fund-raising is a crime with high IQ, and the anti-investigation consciousness of criminals is higher than that of ordinary criminals. Therefore, in this way, they confuse the investigation line of sight of public security organs, increase the investigation difficulty of public security organs, and even hide themselves to avoid punishment.
(2) the form of "raising" and "returning" funds in the process of crime.
In the process of illegal fund-raising, the collection and rebate of funds are mainly carried out in the form of cash, bank transfer and remittance, and some are carried out in the form of futures, stocks and securities transactions. Generally speaking, in economically underdeveloped areas, limited by local economic conditions, such as rural areas or central and western regions, funds are mainly raised and returned in cash. For some people with low knowledge level, they also tend to raise funds and rebate in cash, such as migrant workers and the elderly. For some economically developed areas and senior intellectuals, most of them raise funds and rebates through bank transfer and remittance. Speaking of illegal fund-raising on the Internet, it mainly relies on bank transfer, remittance and electronic bank transfer, such as Alipay. However, in order to commit further crimes, criminals often publicize the rebate link, mostly in the form of on-site cash rebate, in order to cause greater sensation and attract more investors. For example, in many illegal fund-raising cases, criminals hold "rebate meetings" regularly or irregularly, gather many "investors" or ordinary people, and give rebates to early investors in cash on the spot, thus conveying a message of "really making money", or attracting early investors to continue investing, or attracting more people to invest.
Fourthly, the necessity of fund investigation and control in the investigation of illegal fund-raising cases.
Fund operation plays an important role in the crime of illegal fund-raising. Through the investigation and control of fund operation mode, we can find and track suspicious transaction information, obtain criminal evidence and find criminal suspects, which makes the investigation and control of funds affect and determine the detection of illegal fund-raising crimes to a certain extent.
(a) is conducive to the discovery or verification of criminal clues, determine the direction of investigation
"Law enforcement agencies all over the world attach great importance to discovering criminal crimes behind criminal funds by tracking the use, transfer and transaction of criminal funds."
By investigating and controlling the funds of criminal suspects and their related parties, we can understand their assets, transactions, use of funds, accounting and so on. Tracking criminal suspects and related personnel can find suspicious funds such as abnormal movements of funds, transfer routes, co-suspects and other related personnel, and find new criminal clues, so as to take the initiative to attack and crack down on crimes.
(2) It is conducive to finding out criminal networks and criminals and eliminating criminal groups in one fell swoop.
The whole criminal process of illegal fund-raising crime revolves around the funds involved, and the connection of funds can develop criminal networks. All criminal subjects and criminal acts are closely related to funds. Therefore, combined with the characteristics of illegal fund-raising crime, we can straighten out the criminal context of the whole criminal process through fund investigation and control, find out all criminals and their status and role in the criminal process, and find out the personnel structure of the whole criminal group, so as to eliminate all criminals in one fell swoop.
(3) It is conducive to collecting criminal evidence and distinguishing crime from non-crime.
Through the investigation and control of funds, we can use relevant investigation measures in the shortest time to find out the relevant situation of the funds involved, and in the process, we can fix the circulation records of the funds involved and collect criminal evidence at all stages of the crime. Moreover, according to the flow and use of the funds involved, it can be determined whether the criminal suspect has the intention of illegal possession subjectively. "Knowing whether a criminal suspect spends money for personal extravagance and waste, organizing production, fulfilling contracts, or hiding funds can analyze and judge his subjective mentality", thus laying a solid foundation for arresting criminal suspects and sentencing.
(four) to control the funds involved and recover the money involved. Finding out the whereabouts of the property involved through fund investigation and control is the basis for recovering the property involved.
Banks or other financial institutions, postal departments, securities registration and settlement companies, fund management companies, etc. It is an important hub for capital flow. Therefore, with the cooperation of these departments, the economic investigation organ can find the existence and flow of the funds involved through the investigation and control of funds, and recover them in time.
(five) to verify the victims and return the property losses.
Through the investigation of documentary evidence and physical evidence such as various crime-related financial account books and investment registration forms. In the process of investigation, it was seized and detained, and we can obtain the personal information of the victims and their "investment". Therefore, through the investigation and control of funds, we can not only quickly detect the case and recover the stolen money and goods, but also help to return the stolen money and goods according to the loss of the victim after the case is detected, so as to ensure the smooth return of the stolen money and goods and minimize the property losses of the victim.
(six) conducive to the construction of "anti-money laundering mechanism"
Anti-money laundering mechanism has played an important role in the public security organs to crack down on illegal fund-raising crimes. However, the construction of anti-money laundering mechanism in China is not perfect. The economic investigation department can strengthen exchanges and cooperation with relevant financial supervision departments, and can constantly find and make up for the shortcomings of the anti-money laundering mechanism, thus promoting the improvement of the anti-money laundering mechanism, "using it as a powerful weapon to find clues in advance, monitor and trace criminal acts, collect criminal evidence, and pursue the pursuit."
Mainly use the capital chain to track down, then lock the target and adopt the way of IP investigation. Citizens can't be detained before the public security organs have substantial criminal evidence, and their personal freedom can be restricted. After a case of illegal fund-raising is detected by the public security organ, it needs to be handed over to the people's procuratorate for trial and sentencing.