How to report financial fraud, financial pyramid schemes, and illegal fund-raising? I know there is such a gang in Shenzhen, and they are setting up a big, big bureau...

You can report the case or report to the public security organ, the People's Procuratorate or the People's Court. Reports, accusations and reports can be made in writing or orally.

With reference to Article 110 of the Criminal Procedure Law of the People's Republic of China, any unit or individual who discovers criminal facts or criminal suspects has the right and obligation to report it to the public security organs and the People's Procuratorate. Or report the case or report to the People's Court.

Victims have the right to report or accuse criminal facts or criminal suspects that infringe upon their personal or property rights to the public security organs, people's procuratorates or people's courts.

The public security organs, people's procuratorates or people's courts shall accept reports, accusations and reports. For matters that are not within one's jurisdiction, the case shall be transferred to the competent authority for handling, and the reporter, accuser, and whistleblower shall be notified; for matters that are not within one's jurisdiction and emergency measures must be taken, emergency measures shall be taken first and then transferred to the competent authority.

With reference to Article 111 of the Criminal Procedure Law of the People's Republic of China, reports, accusations, and reports can be made in writing or orally. Staff members who accept oral reports, accusations, and whistle-blowing reports shall write down transcripts, which shall be signed or sealed by the reporter, accuser, or whistle-blower after they are read out correctly.

Staff who accept accusations or reports shall explain to the accuser or reporter the legal liability for false accusations. However, as long as the facts are not fabricated or evidence is fabricated, even if the facts of the accusation or report are inconsistent, or even wrongly accused, they must be strictly distinguished from false accusations.

The public security organ, people's procuratorate or people's court shall ensure the safety of the reporter, accuser, whistleblower and their close relatives. If the reporter, accuser or whistleblower is unwilling to disclose his or her name and the behavior of reporting, accusing or reporting, the person shall keep his/her secret.

Extended information

With reference to Article 112 of the "Criminal Procedure Law of the People's Republic of China", the people's court, people's procuratorate or public security agency shall handle reports, accusations, and Reports and surrender materials should be reviewed quickly in accordance with the jurisdiction. When it is believed that there are criminal facts that require criminal liability, the case should be filed; when it is believed that there are no criminal facts, or the criminal facts are obviously minor and criminal liability does not need to be investigated, the case will not be investigated. File a case and notify the accuser of the reasons for not filing a case. If the accuser is dissatisfied, he may apply for reconsideration.

Refer to Article 192 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of fund-raising fraud: for the purpose of illegal possession, using fraudulent methods to illegally raise funds, and if the amount is relatively large, he shall be sentenced to five years If the amount is huge or there are other serious circumstances, the sentence shall be not less than five years but not more than 10 years of fixed-term imprisonment and a fine of not less than 50,000 yuan but not more than 500,000 yuan. .

If the amount is particularly huge or there are other particularly serious circumstances, the person 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 have property confiscated.

Refer to Article 193 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of loan fraud: under one of the following circumstances, for the purpose of illegal possession, defrauding banks or other financial institutions of loans , where the amount is relatively large, the sentence is to be not less than five years in prison or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not less than RMB 10,000 but not more than RMB 500,000 shall be imposed.

If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Fabricating false reasons for introducing funds, projects, etc.;

(2) Using false economic contracts;

(3) Using false certification documents;

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(4) Using false property rights certificates as guarantees or repeating guarantees exceeding the value of the collateral; (5) Using other methods to defraud loans.

With reference to Article 194 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of bill fraud and financial certificate fraud: under one of the following circumstances, financial bill fraud is carried out, and the amount is relatively large If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment, and a fine of not less than 20,000 yuan but not more than 200,000 yuan; A fine of not more than 100,000 yuan.

If the amount is particularly huge or there are other particularly serious circumstances, the sentence shall be not less than 10 years in prison or life imprisonment, and a fine of not less than 50,000 yuan but not more than 500,000 yuan, or property confiscation:

(1) Knowing that it is a counterfeit or altered money order, cashier's check, or check;

(2) Knowing that it is a canceled money order, cashier's check, or check;

< p>(3) Pretending to use other people’s bills of exchange, cashier’s checks, and checks;

(4) Issuing bad checks or checks inconsistent with the seals reserved to defraud property;

(5) The drawer of a bill of exchange or promissory note issues a bill of exchange or promissory note without financial guarantee or makes false records when issuing the bill to defraud property.

Anyone who uses forged or altered entrusted collection vouchers, remittance vouchers, bank deposit certificates and other bank settlement vouchers shall be punished in accordance with the provisions of the preceding paragraph.

Refer to Article 197 of the Criminal Law of the People's Republic of China and the People's Republic of China, the crime of securities fraud: using forged or altered treasury bills or other securities issued by the state to commit fraud If the amount is huge or there are other serious circumstances, the sentence is to be not less than five years but not more than 10 years of fixed-term imprisonment or criminal detention, and a fine of not less than 20,000 yuan but not more than 200,000 yuan. A fine of not less than 50,000 yuan but not more than 500,000 yuan is imposed.

If the amount is particularly huge or there are other particularly serious circumstances, the person 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 have property confiscated.

With reference to Article 224 of the Criminal Law of the People's Republic of China, the crime of leading pyramid selling activities:

Organizing and leading business activities such as promoting goods and providing services In the name of this, participants are required to obtain membership qualifications by paying fees or purchasing goods and services, and are organized into hierarchies in a certain order, directly or indirectly using the number of development personnel as the basis for remuneration or rebates, and luring or coercing participants to continue to develop others to participate. Whoever engages in pyramid selling activities to defraud property and disrupt economic and social order shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall also be fined.

If the circumstances are serious, the offender shall be sentenced to fixed-term imprisonment of not less than five years and shall also be fined.

Refer to Article 1 of the "Opinions on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Organizing and Leading MLM Activities" regarding the determination of the level and number of persons in a MLM organization.

In the name of promoting goods, providing services and other business activities, participants are required to obtain membership qualifications by paying fees or purchasing goods and services, etc., and form hierarchies in a certain order, directly or indirectly through the development of personnel. A pyramid selling organization that uses quantity as the basis for calculating remuneration or rebates, inducing and coercing participants to continue to develop other people's participation, defrauding property, and disrupting economic and social order.

If there are more than 30 people participating in MLM activities within the organization and the level is above level three, the organizers and leaders should be held criminally responsible. If you organize and lead multiple MLM organizations, and the levels in a single or multiple organizations have reached level three or above, the number of people developing in each organization can be combined and calculated.

If the organizer or leader continues to receive remuneration or rebate from the original MLM organization after formally leaving the MLM organization, the number of levels and number of personnel developed by the original MLM organization after the separation shall be calculated as Number of levels and number of people to develop.

In handling criminal cases of organizing and leading pyramid selling activities, if it is indeed impossible to collect the verbal evidence of persons participating in pyramid selling activities one by one due to limitations of objective conditions, it may be combined with collecting and verifying the true payment, payment, remuneration, and compensation in accordance with the law. Rebate records, audio-visual materials, relationship diagrams of MLM personnel, bank account transaction records, Internet electronic data, appraisal opinions and other evidence are used to comprehensively determine the number of people involved in MLM, the number of levels and other criminal facts.

Refer to Article 3 of the "Opinions on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases for Organizing and Leading MLM Activities" regarding the identification of "defrauding property".

The organizers and leaders of pyramid selling activities fabricate and distort national policies, fabricate and exaggerate operations, investments, service projects and profit prospects, conceal the true sources of remuneration and rebates or other fraudulent means, and implement the second category of the Criminal Law. The behavior specified in Article 124-1, which illegally profits from the fees paid by persons participating in pyramid selling activities or the fees for purchasing goods or services, shall be deemed as fraudulently obtaining property. Whether people participating in MLM activities think they have been cheated does not affect the determination of the property obtained through fraud.

Refer to Article 4 of the "Opinions on Several Issues Concerning the Application of Laws in the Handling of Criminal Cases Organizing and Leading MLM Activities" regarding the identification of "serious circumstances".

If the organizer or leader of a pyramid scheme organization that complies with the provisions of Article 1, Paragraph 1 of these Opinions, has any of the following circumstances, it shall be deemed as a "circumstance" stipulated in Article 224 of the Criminal Law. Serious":

(1) Organizing and leading a total of more than 120 persons participating in MLM activities;

(2) Directly or indirectly collecting payment from persons participating in MLM activities The cumulative amount of MLM funds exceeds RMB 2.5 million;

(3) Have been criminally punished for organizing and leading MLM activities, or have been subject to administrative penalties for organizing and leading MLM activities within one year, Directly or indirectly develop more than 60 persons participating in MLM activities;

(4) Cause serious consequences such as mental disorder or suicide among persons participating in MLM activities;

(5) ) causing other serious consequences or adverse social impact.

Xinhuanet - Criminal Procedure Law of the People's Republic of China

Xishuangbanna Prefecture Public Security Bureau - Criminal Law of the People's Republic of China

Supreme People's Court - Opinions on several issues concerning the application of law in handling criminal cases involving organizations and leaders of pyramid selling activities