1. Analyze the online loan contract or mortgage contract, take the borrower and the mortgagor as the core objectives, and take pre-litigation preservation to preserve the property to avoid the expansion of investment losses;
2. Once the borrower's operating conditions are found to be poor, or there are operational difficulties, or the actual controller is found to be abnormal, investors should immediately unite to find out the whereabouts or operating conditions of the funds, and then implement pre-litigation preservation measures for the funds or assets.
The criminal charges involved in such cases are:
(1) Crime of illegal business operation.
(2) Crime of fund-raising fraud.
(3) The crime of illegally absorbing public deposits.
Extended data
From the perspective of handling cases, safeguarding rights through criminal means can be divided into: criminal cases with hope to recover losses and criminal cases with no hope or little hope, which are specifically divided into:
1. The first category is cases with the hope of recovering losses: if the assets of the platform are sealed up or frozen by investors in time for pre-litigation preservation, then such cases are criminal cases with the hope of recovering losses. Before the case enters the criminal procedure, whether the assets of the borrower or the boss behind the platform can be thoroughly searched and preserved is the key.
2. The second category is to recover criminal cases with little loss. Although the boss of this kind of case platform has violated the criminal law and faced criminal responsibility, the assets or funds under his name have been exhausted or transferred. In this case, investors or public security organs will not seal up the assets of criminal suspects;
3. The third category is pre-planned criminal activities, such as Guo Lin Venture Capital, and Zhongxin Innovation, the boss behind Winton in China and Europe, which basically run away after transferring relevant assets.
4. Judging from several cases in which the online lending platform closed down, some investors called the police in time, and the public security organs seized the assets of the platform boss in time. For such cases, investors or borrowers should immediately find a lawyer to follow up the criminal procedure of the whole case.
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