Filing standards of virtual money pyramid scheme
(1) at present, there is no regulation to regulate the trading platform, but the trading platform should also fulfill the audit obligation. For example, when online trading various network virtual currencies, it should audit whether the currency is a network virtual currency based on blockchain technology
(2) if the trading platform knows that the online trading currency is suspected of MLM, but in order to collect Commission, it also provides trading services for the currency and promotes its development, once the currency is identified as MLM, the trading platform may have to bear certain legal liabilities
(3) at the same time, a large number of customers' funds are stored in the accounts of virtual currency trading institutions. However, all online virtual currency trading institutions are not qualified to absorb public funds, which makes trading institutions face the potential risk of illegal fund-raising
the 2017 version of the guide to the identification of internet pyramid selling (hereinafter referred to as the guide) lists several differences between virtual currency and pyramid selling currency:
(1) from the perspective of issuing mode, virtual currency does not rely on specific monetary institutions, it is a decentralized issuing mode according to specific algorithms; The MLM currency is mainly issued by a certain institution, and the profit is made by pulling the head
(2) from the perspective of transaction mode, virtual currency is a kind of sporadic transaction spontaneously formed by the market. After the scale is formed, the transaction is graally completed by a third party establishing an exchange, while MLM currency is issued by an institution and traded on its own platform
(3) from the perspective of implementation, virtual currency itself is an open source program, while the open source of MLM currency is completely ing other people's open source code, and there is no use of open source code to build programs, which is essentially controlled by the website as Q coin.
It is not likely that the public security organ will file a case of virtual currency transaction fraud, because the virtual currency transaction fraud generally involves a large number of people, a wide range, a small amount and strong anonymity
it is difficult for the public security organs to collect evidence and arrest, because most of the information of the Chuangshi operation team of the virtual currency scam is not public and there is no way to collect evidence. Maybe the mastermind will become a victim after being arrested
with the popularity of virtual currency, disputes related to it appear frequently. Recently, the people's Court of Futian District in Shenzhen tried a dispute caused by investment in virtual currency. The court reminded that the investment transaction of virtual currency is not protected by law, and investors should keep sober and rational
extended information:
after the judicial organ reviews the criminal cases or civil disputes, it is the beginning stage of litigation activities that the judicial organ decides to list them as litigation cases for investigation or trial. Generally, it includes criminal cases, administrative cases and civil cases
According to the criminal procere law of the people's Republic of China, there are two conditions for filing a case:1
The criminal responsibility should be investigated according to law. If there are criminal facts, but the law stipulates that criminal responsibility should not be investigated, the case shall not be filedunder any of the following circumstances, no criminal responsibility shall be investigated and no case shall be filed; If the case has been investigated, the case shall be annulled, or no prosecution shall be instituted, or acquitted
(1) if the circumstances are obviously minor and the harm is not great, it is not considered a crime (2) the time limit for prosecution has expired (3) exemption from punishment by special amnesty (4) in the case of criminal law, it is a crime to be told, but it is not told or withdrawn (5) the defendant has died (6) other laws and regulations provide for exemption from criminal responsibilityVirtual currency fraud calls 110 directly
many departments, such as the China Banking and Insurance Regulatory Commission, the central office of information technology, the Ministry of public security and so on, issued risk tips, saying that some criminals, under the banner of "financial innovation" and "blockchain", absorbed funds by issuing the so-called "virtual currency", "virtual assets" and "digital assets", thus infringing the legitimate rights and interests of the public
this kind of activity is not really based on blockchain technology, but on the hype of blockchain concept, illegal fund-raising, pyramid selling and fraud. In essence, it is a Ponzi scheme of "repaying the old by borrowing the new", which is difficult to maintain the long-term operation of funds
the public should treat the blockchain rationally, not blindly believe the promises, establish a correct monetary concept and investment concept, and effectively improve the risk awareness. Report to the public security organ in time after being cheated
extended data:
the first is the obvious networking and cross-border of virtual currency. Relying on the Internet and chat tools for transactions, and using online payment tools to balance funds, the risks spread widely and spread quickly. Some lawless elements set up websites by renting overseas servers to carry out activities for domestic residents and control illegal activities remotely
some indivials claim that they have obtained the investment quota of overseas high-quality blockchain projects in the chat tool group and can invest on their behalf, which is most likely fraud. Most of these illegal funds flow overseas, which makes it very difficult to supervise and trace
followed by deception, temptation and concealment. They use hot concepts to hype, fabricate various "tall and tall" theories, and some also use celebrity "big V" platforms to publicize. They use airdrop "candy" as temptation to claim that "currency value only rises but not falls", "investment cycle is short, income is high, and risk is low", which has strong bewitching
in practice, criminals illegally make huge profits by manipulating the price trend of the so-called virtual currency, setting profit and withdrawal threshold. In addition, some criminals also issue tokens under the guise of ICO, IFO, IEO, etc., or hype virtual currency in the way of IMO under the banner of sharing economy, which has strong concealment and confusion
finally, there are many kinds of illegal risks in this kind of behavior. Through public publicity, the illegal elements attract the public to invest funds, lure investors and development personnel to join, and constantly expand the fund pool with the t of currency appreciation and development offline profits, which has the characteristics of illegal fund-raising, pyramid selling, fraud and other illegal acts
although the management of virtual currency is difficult, it can be regulated and punished according to the banking law, criminal law and other relevant laws and regulations for example, the people's Bank of China stipulates that financial institutions and Payment institutions are not allowed to handle settlement for virtual currency, so there is no trading market for virtual currency in China. However, although there is no settlement market in China, virtual currency may choose to settle overseas, because virtual currency is attached to the Internet and can settle in any country and it will be more difficult to manage by building a virtual currency trading platform in a foreign website for people to trade. In China, there are also some third-party payment institutions that secretly provide settlement services for virtual currency, which brings some difficulties to supervision at present, formal payment and settlement institutions are not allowed to provide settlement channels for virtual currency transactions, but informal institutions may still provide settlement services secretly. Even if the informal institutions are cleaned up, some people may choose to go abroad to carry out similar acts extended information: for the supervision of virtual currency, we should focus on preventing any form of virtual currency from replacing the function of RMB and engaging in illegal acts through virtual currency, that is, strengthening the supervision of the function and use of virtual currency. We should focus on whether virtual currency is used as currency, not only from the object form of currency to see whether it belongs to forgery and alteration of RMB any object exercising monetary function within the territory of the people's Republic of China violates the relevant provisions of the law of the people's Bank of China. The virtual currency in the form of code, as long as it is used as currency, is equivalent to counterfeit currency in nature. It can be supervised and punished according to the law of the people's Bank of China and the criminal law source of reference: People's Daily - experts in cracking down on virtual currency transactions in many places: key regulatory functions
the Supreme People's court, the procuratorate and the Ministry of public security
opinions on Several Issues concerning the application of law in handling criminal cases involving organization and leadership of pyramid selling activities
GTZ [2013] No. 37
I. determination of the level and number of pyramid selling organizations
participants are required to pay fees or purchase goods, provide services and other business activities in the name of selling goods and providing services A pyramid selling organization that has obtained the qualification to join by service or other means, and formed a hierarchy according to a certain order, directly or indirectly taking the number of development personnel as the basis for remuneration or rebate, luring or intimidating the participants to continue to develop others to participate, defraud property, and disrupt the economic and social order, with more than 30 people participating in pyramid selling activities within the organization and with a hierarchy of more than three, The organizers and leaders should be investigated for criminal responsibility
if you organize or lead multiple MLM organizations, and the level of a single or multiple organizations has reached three or more, you can combine the number of people who have developed in each organization
if the organizers and leaders continue to get remuneration or rebate from the original MLM organization after formally leaving the original MLM organization, the level and number of the development personnel of the original MLM organization after leaving shall be calculated as the level and number of the development personnel
in handling the criminal cases of organizing and leading pyramid selling activities, if it is really impossible to collect the verbal evidence of the participants one by one e to the limitation of objective conditions, it can be combined with the evidence collected and verified according to law, such as the payment, payment, payment and rebate records, audio-visual materials, relationship diagram of pyramid selling personnel, bank account transaction records, Internet electronic data, expert opinions, etc, Comprehensively identify the number of people involved in pyramid selling, the number of levels and other criminal facts.
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