1. Definition of illegal fund-raising and relevant legal liability regulations  

(1) Definition and basic characteristics of illegal fund-raising  

According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases of Illegal Fund Raising" (Legal Interpretation [2010〕18），Illegal fund-raising is a violation of national financial management laws and regulations，The act of absorbing funds from the public (including units and individuals)。Illegal fund-raising activities must also be illegal、Publicity、Luring、Four characteristic elements of sociality，specifically:  

Illegality: Absorbing funds without legal approval from relevant departments or using legal business methods；  

Publicity: through the media、Promotion meeting、Flyer、Publicly publicized to the public through mobile phone text messages and other channels；  

Incentive: Promise to pay money within a certain period、actual object、Repay principal and interest or pay returns through equity and other methods；  

Sociality: absorbing funds from the public, that is, unspecified objects in society。  

(2) Legal liability of illegal fundraisers  

In my country's "Criminal Law of the People's Republic of China"，Illegal fundraising based on subjective attitude、Behavior、Differences in specific circumstances such as harmful consequences，Constitute the corresponding crime，The most important one is Article of the "Criminal Law of the People's Republic of China"Article 176 Crime of illegally absorbing public deposits and Article 192 Crime of fund-raising fraud。  

Provisions of "Criminal Law of the People's Republic of China"，Those who commit the crime of illegally absorbing public deposits，Sentence to fixed-term imprisonment of not more than three years or criminal detention，A fine of not less than 20,000 yuan but not more than 200,000 yuan may be imposed concurrently or individually；The amount is huge or there are other serious circumstances，Sentence to fixed-term imprisonment of not less than three years but not more than ten years，A fine of not less than RMB 50,000 but not more than RMB 500,000。Committed the crime of fund-raising fraud，The larger amount，Sentence to fixed-term imprisonment of not more than five years or criminal detention，A fine of not less than RMB 20,000 but not more than RMB 200,000；The amount is huge or there are other serious circumstances，Sentence to fixed-term imprisonment of not less than five years but not more than ten years，A fine of not less than RMB 50,000 but not more than RMB 500,000；The amount is particularly huge or there are other particularly serious circumstances，Sentence to fixed-term imprisonment of more than ten years or life imprisonment，A fine of not less than RMB 50,000 but not more than RMB 500,000 or property confiscation。  

(3) Participating in illegal fund-raising, If the law does not protect you, the government will not pay the bill  

According to our country’s laws and regulations，Losses suffered due to participation in illegal fund-raising activities，It is the responsibility of the participants，Debts and risks formed，Not to be passed on to any other unit that is not involved in illegal fund-raising activities。The refund of funds raised should be based on the remaining funds after liquidation，A unified withdrawal will be given according to the proportion of fundraiser participation。Executed by the People’s Court，The fundraiser still cannot return the funds raised，The participants shall bear the losses themselves。This means that once the public participates in illegal fund-raising，Their interests are not protected by law，No claim shall be made to the government for losses suffered、Relevant departments and judicial authorities shall bear the responsibility。  

(4) Be careful when working in an irregular financial management company，Being a salesperson is also risky  

According to the "Supreme People's Court、Supreme People’s Procuratorate、Opinions of the Ministry of Public Security on Several Issues concerning the Application of Law in Handling Criminal Cases of Illegal Fund-raising》，Provide assistance to others to illegally absorb funds from the public，Collect agency fees from it、Benefit fee、Rebate fee、Commission、Commission and other fees，Constituting a common crime of illegal fund-raising，Criminal responsibility should be investigated in accordance with the law。  

2. Expressions and common methods of illegal fund-raising  

(1) Main forms of illegal fund-raising  

Illegal fund-raising activities involve a wide range of contents，Diverse forms of expression，Judging from the current situation of the case，Mainly includes claims、Equity、Commodity Marketing、Four major categories including production and operation。The main manifestations are as follows:  

1、Borrow for planting、breeding、Project Development、Manor Development、Illegal fund-raising in the name of ecological and environmental protection investment。  

2、Issuance of stocks by issuance or disguised form、Bond、Lottery、Invest in funds and other rights certificates or trade in futures、Illegal fund-raising in the name of pawn。  

3. Illegal fund-raising by claiming shares and paying dividends.  

4、via membership card、Membership Card、Seat Pass、Discount Card、Illegal fund-raising through consumer cards and other methods。  

m88 live casino and sports betting6、“Virtual” products constructed using modern electronic network technology，such as "electronic store"、“Electronic department store” investment entrustment operation、Illegal fund-raising through repurchase at maturity and other methods。  

7、To the property、Real estate and other assets are divided into equal parts，Illegal fund-raising by selling the disposal rights of its shares。  

8、Using the Internet to set up investment funds to illegally raise funds。  

9、Using "electronic gold investment" to illegally raise funds。  

(2) Four common techniques  

The first is the promise of high returns. Fabricated by criminalsThe myth of “pie in the sky” and “becoming a rich man overnight”，Promise investors high returns。In order to deceive more people into participating in fund-raising，Illegal fundraisers often fulfill their promised principal and interest on time and in full in the early stages of fund-raising，After the fund-raising reaches a certain scale，Secretly transfer funds or abscond with money，Inflict financial losses on fund-raising participants。  

The second is to fabricate false projects。Criminals mostly register legitimate companies or enterprises，In the name of responding to the national industrial policy、Carry out entrepreneurship and innovation under the guise，Making up various false projects，Some even organize free tours、Inspection, etc.，Defraud the trust of the public。  

The third is to use false propaganda to build momentum。Criminals often spend a lot of money on publicity，Hire celebrity endorsement、Celebrity Platform，On major radio and television、Publish advertisements on the Internet and other media、Publish an exclusive interview article in a famous newspaper、Hire people to distribute leaflets widely、Making social donations and other methods，Create false momentum。  

The fourth is to use family affection to deceive。Some illegal fund-raising participants，In order to complete or increase one's performance，Sometimes adopt methods similar to pyramid schemes，Not willing to take advantage of family ties、Geographic relationship，Making up lies about getting high returns，Win over relatives and friends、Classmates or neighbors join，Making participants spread rapidly，The scale of fundraising continues to expand。  

(3) Typical illegal fund-raising activities"Quartet"  

Step 1: Draw the cake。Illegal fundraisers will weave one or more as possible“High-end” project。With "new technology"、"New Revolution"、"New Policy"、"Blockchain"、"Virtual currency" etc. are a cover，Paint a blueprint for expected rewards，Wake up the appetite of fund-raising participants，Let it have the illusion of “can’t miss” and “can’t miss”。Illegal fundraisers usually make the “pie” bigger，Attract the attention of participants as much as possible。  

Step 2: Build momentum。Use all resources to make the momentum bigger。Illegal fundraisers usually hold various publicity activities，For example, press conference、Product Promotion Conference、On-site observation meeting、Experience Day Activity、Knowledge lectures, etc.；Organize group travel、Inspection, etc.，Free rice flour oil、Small gifts such as phone bills；Display a large number of various true or false"Technical Certification" "Award Certificate" "Government Approval"；Publish some film and television materials of leadership inspections，Company leaders and government officials、Celebrity photos；Deliberately chose the event at the Government Conference Center、Conducted in the auditorium，The scene is huge、The high specifications are extremely deceptive。  

Step 3: Attract money。Think of ways to get the money out of your pocket。Illegal fundraiser passes rebate、Dividend，Give participants a first taste"Sweetness"，Making him believe that putting money with him will not only bring him considerable income，And it’s safer than keeping it in your own pocket，Participants not only poured out their own money，Also mobilized relatives and friends to join，The amount of funds raised is getting bigger and bigger。  

Part 4: Run away. Illegal fundraisers often"Get money" for a period of time and then run away，Or because it was originally a "Ponzi scheme" and the building was empty，Or the capital chain is broken due to poor management。Fundraising participants suffered heavy economic losses，Even lose everything。  

(4) Common routines for illegal fund-raising  

Illegal fund-raising and criminal elements in order to lure the masses into being deceived，To achieve the purpose of illegal fund-raising，The following methods are usually used to deceive the public's trust。  

1、Decorate the company’s appearance，Create the illusion of strength。Criminals often set up companies，Apply for business license、Tax registration and other procedures，Appears to be legal，In fact, there is no financial qualification。These companies or office locations are high-end and luxurious，Or promote state-owned assets background，Or invest heavily in packaging and publicity through various media or even CCTV，Or hold a promotion meeting in high-end places (such as the Great Hall of the People)、Knowledge Lecture，Invite celebrities、Scholars and officials build momentum，Display photos with leaders and various awards，More deceptive。  

2、Making up investment projects，To dispel people’s doubts。From the past agriculture, forestry and mining development、Private lending、Real estate sales、Original stock issuance、Franchise operations and other forms are gradually upgraded and packaged as investment and financial m88 best betting websitemanagement、Wealth Management、Financial mutual assistance、Overseas listing、Private equity and other various financial management projects，And the promise is guaranteed、Can be repurchased、Low risk、High returns, etc.。  

3、Confusing investment concepts，Difficult for ordinary people to judge。Criminals blew listing on the local stock exchange center into listing，Confusing listing on the U.S. OTCBB market with listing on NASDAQ；Some use electronic gold、Investment Fund、New terms such as online foreign exchange speculation confuse the masses，Pretending to be a new investment instrument or financial product；Some use exclusive sales、Agent、Franchise chain、Consumption value-added rebate、New business methods such as e-commerce，Deceive the public into investing。  

4、Promises high returns，Making up the myth of “getting rich”。Usury lure，This is the only way for all fraud criminals to deceive the public。The criminals first cashed in the principal and interest of the early investors on time and in full，Then demolish the east wall to make up for the west wall，Use later people’s money to redeem the previous principal and interest，After reaching a certain scale，Transfer funds secretly，Absconding with money。  

3. How to prevent illegal fund-raising  

(1) Raising funds from the public in the following circumstances，Be sure to be vigilant:  

1、Watch ads with "Watch ads、Under the guise of making extra money" and "consumer rebates"；  

2、With overseas investment equity、Option、Forex、Precious metals, etc. as a guise；  

3、You can get high returns or “free” retirement care by investing in the elderly care industry、In the guise of “housing” for elderly care；  

4、Investment through private placement、Partnership as a cover，But does not handle business registration；  

5. Under the guise of investing in virtual currency, blockchain, etc.;  

6、Under the guise of "poverty alleviation", "mutual aid", "charity", "film and television culture", etc.；  

7、On the street、Shopping Mall、Supermarkets and other supermarkets distribute advertising flyers with investment and financial management content；  

8、To organize an inspection、Travel、Recruiting elderly people through lectures and other methods；  

9、"Investment、Financial Management” Company、Website and server located overseas；  

10、Required in cash or to personal account、Those who pay investment funds through overseas accounts。  

(2) Preventing illegal fund-raising"Look four times, think three times and wait one night" method  

Four Looks。A look at the legality of financing，In addition to checking whether a business license has been obtained，It also depends on whether the relevant financial license has been obtained or approved by the financial management department。Second look at the promotional content，See if the promotion contains or implies"Guaranteed、No risk、High Yield、Guaranteed profit without loss" and other contents。Three looks at the business model，Are there any physical projects，Project authenticity、Where the funds are invested、How to obtain profits, etc.。Four Looks at Participants in Fund Raising，Is it mainly for specific groups such as the elderly。  

Think twice。Think about whether you really understand the product and market conditions。Do Ersi products comply with market rules。Think twice about whether your own economic strength has the ability to resist risks.  

Wait one night。Encountered related investment and fundraising publicity，Be sure to avoid being hot-headed，Seek advice from family and friends first，Delay for one night before deciding。Don’t blindly believe in propaganda、Introduction to acquaintances、Expert recommendation，Don’t be tempted by high profits to invest blindly。  

(3) Avoiding the trap of illegal fund-raising“Three do’s and don’ts”  

One must be rational，Don’t leave it to chance。There will be no pie in the sky，The one that fell is not"trap" is "trap"。We must stick to the bottom line of rationality，Think about whether you understand，Is it too risky?，See if the income level is realistic，Ask family and friends what they think，Don’t be blinded by gambling mentality and luck！  

Second, we must be steady，Don’t take risks。High returns mean high risks，It may be an investment scam，If you invest once, you will lose everything！Reasonably assess your own endurance，Prudently determine risk-taking willingness，No risky investment！  

Third, be vigilant and don’t be blind."Great profits、Attractive conditions、Rare opportunity、The quota is limited” is probably a lie，Be vigilant、Alert、Be wary again！Be careful，Never listen to the wind or the rain，Blindly “follow the crowd” investment！  

(4) Avoiding the trap of illegal fund-raising"Look three times and think three times" method  

Three looks:  

See if it has been obtained from the financial regulatory authorities (such as the People’s Bank of China、CBRC、Approval document from China Securities Regulatory Commission, etc.，And verify the authenticity with the regulatory authorities；  

Second, check whether the investment and financial management products are within the approved business scope;  

Three, check whether the field of capital investment is real, safe and reliable.  

Think twice:  

Whether Yisi really understands the product and market conditions;  

Consider whether the investment income complies with the laws of market operation;  

Think twice about whether your own economic strength has the ability to resist risks.  

(5) Invest cautiously and guard against illegal fund-raising traps  

First, don’t believe in so-called high interest rates easily"Insurance"、High interest “financial management”，High returns mean high risks；The second is not impressed by small gifts，Do not accept bait m88 live casino and sports bettingsuch as "rebate first"，Remember there will be no pie in the sky。The third is to purchase financial products through formal channels。Not with the bank、Insurance practitioners individually sign investment and financial management agreements，Do not accept any receipts issued by individual practitioners、IOU；When purchasing insurance, try to do the "three checks、Two cooperation”，That is, through the insurance company’s website、Customer hotline or regulatory department、Industry association website checker、Check product、Check the document，Cooperate with transfer payment、Cooperate with the return visit。Fourth, pay attention to protecting personal information，Pay attention to the illegal fund-raising risk warnings issued by government departments，Report and complain promptly when encountering suspected illegal fund-raising activities。  

4. Relevant matters needing attention  

(1) The financial industry is a franchise industry and must be operated with a license  

Commonly known as financial license refers to the relevant institution approved by the national financial regulatory department，License to engage in specific financial business，By People's Bank of China、CBRC、Issued by China Securities Regulatory Commission。The main financial businesses that must be licensed are banks、Insurance、Trust、Securities、Futures、Financial Leasing、Public Fund、Third-party payment, etc.。Asset management business，Belongs to the financial business category，Must be licensed to operate，Must be included in financial supervision。If residents have financial management needs，Should choose a bank、Trust、Securities、Fund、Futures、Insurance asset management institution、Asset management products issued by licensed financial institutions such as financial asset investment companies, etc.。Not licensed by the financial supervision and management department，No non-financial institution or individual is allowed to sell asset management products as an agent。  

(2) InvestmentAre “virtual currency” and “blockchain” reliable?  

Some criminals are using the nameThe banner of “financial innovation” and “blockchain”，Absorb funds through the issuance of so-called "virtual currency", "virtual assets" and "digital assets" etc.，Infringement of the legitimate rights and interests of the public。Such activities are not truly based on blockchain technology，Rather, they are hyping the blockchain concept to illegally raise funds、MLM、The truth about fraud，Mainly has the following characteristics:  

1、Network、Obvious cross-borderization。Relying on the Internet、Chat tool for trading，Use online payment tools to receive and spend funds，Wide scope of risks、Fast diffusion。Some criminals build websites by renting overseas servers，Carry out activities essentially targeting domestic residents，And remotely control the implementation of illegal activities。Some individuals claimed to have obtained investment quotas for high-quality overseas blockchain projects in the chat tool group，Can invest on your behalf，Most likely a scam。Most of the funds for these illegal activities flow overseas，Supervision and tracking are very difficult。  

2、Deceptive、Seductive、Highly concealed。Use hot concepts to create hype，Making up numerous “high-level” theories，Some even use celebrity V’s “platform” for promotion，Take airdrops of “candy” as temptation，Proclaims that "currency value only rises but never falls" and "the investment cycle is short、High income、Low risk”，Has strong seductiveness。In actual operation，Criminals manipulate the price trend of so-called virtual currencies behind the scenes、Illegal profiteering by setting profit and withdrawal thresholds。Also，Some criminals responded with ICO、IFO、IEO and other innovative projects to issue tokens，Or IMO virtual currency speculation under the banner of sharing economy，Has strong concealment and confusion。  

3、There are various illegal risks。Lawless elements use public propaganda，Using "static income" (profit from currency appreciation) and "dynamic income" (profit from offline development) as bait，Attract public investment，And induce investors and development personnel to join，Continuously expanding the fund pool，With illegal fund-raising、MLM、Characteristics of fraud and other illegal activities。  

This type of activity starts with“Financial innovation” is a gimmick，Essentially it is a Ponzi scheme of “borrowing the new to repay the old”，It is difficult to maintain long-term capital operation。Please the general public to view the blockchain rationally，Don’t blindly believe in high-flying promises，Establish correct monetary concepts and investment concepts，Effectively improve risk awareness；Clues about illegal crimes discovered，You can actively report to relevant departments。  

(3) Can I participate in the consumption rebate model?  

Recently, some third-party platforms are using the nameThe banner of “entrepreneurship” and “innovation”，Using the gimmicks of “returning money on shopping”, “consumption equals making money”, “you consume and I pay you back”，Promise to return high or even full refunds、Franchise fee, etc.，Attract consumers、Merchant invests funds。This type of "consumption rebate" is different from normal merchant rebate promotions，There are major risks:  

1、High rebates are difficult m88 live casino and sports bettingto achieve。Rebate funds mainly come from commodity premium income、Fees paid by members and franchisees，Most platforms do not have legitimate real economies and benefits that match their promised returns，It is difficult to maintain capital operation and high rebates in the long term。  

2、Fund security cannot be guaranteed。Some platforms are online、Offline channel，Absorb funds from the public and merchants through "prepaid consumption", "recharge" and other methods，A large amount of funds are controlled by the platform，Transfer funds exist、Risk of withdrawing money and running away。  

3、There is a risk of illegality in the operation model。Some platforms fabricate profit prospects、Promises high returns，Instruction or tacit approval of membership、Franchise fictitious product transactions，Pay a certain percentage of fees directly to the platform，Seeking high rebates，The platform achieves the purpose of quickly absorbing public funds through this method。Some platforms also use pyramid schemes，Using the so-called "dynamic income" as bait，Require those who join to pay an entry fee and "coax people" to join，Get commission by developing offline。The above-mentioned actions of the platform and participants constitute illegal fund-raising、Characteristics of pyramid schemes and other illegal activities。  

(4) What are the types of illegal fund-raising in the elderly care field?  

Some elderly care service institutions、Company in the name of elderly care services、In the name of health and retirement care，Promises high returns，To collect membership fees from senior citizens、Bed fee，Fraudulent sales"Health products" and other means，Illegal fund-raising that infringes upon the legitimate rights and interests of the elderly、MLM and other crimes，Causing serious property damage to the elderly。This type of activity is different from normal elderly care services，There are major risks:  

1、High rebates cannot be achieved。Rebate funds mainly come from fees paid by the elderly，It belongs to demolishing the east wall to make up for the west wall。Most elderly care service institutions、The enterprise does not have legitimate service entities and benefits that match its promised returns，Financial operations are difficult to maintain，High rebates are just a fraudulent gimmick。  

2、Fund security cannot be guaranteed。Some elderly care service institutions have clearly exceeded their bed supply capacity and promised services，Or commit to repay principal and interest beyond sustainable profitability level，And apply for a "VIP Card"、"Member Card"、"Prepaid card" and other names，Charging high membership fees to members、Deposit or recharge membership card，Absorb public funds。A large amount of funds from the public without effective supervision，Controlled by the originating organization，Transfer funds exist、Risk of withdrawing money and running away。  

3、Health needs cannot be met。Some companies market through conferences、Health Lecture、Expert Free Clinic、Free Check、Free trial、Giving gifts or traveling at unreasonable low prices，and telemarketing、Door-to-door sales、Online sales and other forms，False or misleading commercial promotions to the elderly，Promoting so-called "health products"，Because the concept of "health products" has no legal definition，Often used to replace others with others、The method of stealing concepts，Drug with legal registration and approval、Medical Devices、Confusing health foods, etc.，Deceive consumers' trust，But the claimed health functions have not been scientifically evaluated and approved，Often do not have health care functions，Even delay the condition。  

4、There is a risk of illegality in the operation model。Some senior care service agencies sell fictitious retirement apartments、Retirement Villa，Or invest、Join、Buy shares in the health and elderly care base、In the name of senior housing and other projects，Promise to return sales、After-sales charter、Repurchase Agreement、Absorb funds by selling property shares and other methods。Some companies do not have the true content of selling goods or do not sell goods as their main purpose，Travel for free、Gift in kind、Health lectures and other deception、Induction method，Take product repurchase、Storage for sale、Illegal absorption of public funds through consumption rebates and other methods。The above-mentioned actions of relevant institutions and participants involve risks such as illegal fund-raising。  

Source:https://www.sohu.com/a/402816983_99918814