2013 Nian 7 month, set up by the defendant named Ma A practical control group, managed to B Company for the sale of the enterprise end of the series, sales of all types of financial products by way of illegal fund-raising. 2013 Nian 9 Yue Zhi 2015 Nian 12 Yue, B and its affiliates can not guarantee the profitability of many introduced or significantly false " investment " projects, packaged financial products on sale, to attract a total of 7 thousand investors, to raise funds 144 More than 100 million yuan.

    Among the funds raised, nearly 11 billion yuan was used to redeem the principal and interest due to investors, office expenses and salary expenditures , only more than 2 billion yuan was used for project expenditures , and the rest was used for personal spending. During the fund-raising process, Chen, Shan, Hu, Xu, Tang, Li, and Liu are responsible for sales at all levels, Zhang and Zeng are responsible for financial work, and Senior A and Senior B are responsible for project introduction and Packaging of wealth management products.

     To the incident, there are 6 million victims were not the principal payment totaling 64 million yuan. The public prosecution agency accused Ma and Group A of crimes of fundraising fraud, and Company B and the remaining defendants constituted the crime of illegally absorbing public deposits.

       From 2010 to 2013 , Company C signed insurance agency agreements with a number of insurance companies to sell long-term insurance products mainly for 20- year life insurance. After that, several sales teams of Company C split the long-term life insurance products into 1-3 year wealth management products in the name of promoting the above-mentioned insurance products (ie, " long-term insurance and short -term insurance " ) to attract the public to subscribe. While serving as the head of the sales team, the defendant Cheng sold the above-mentioned wealth management products to more than 300 investors totaling more than 97 million yuan. The public prosecution agency accused Cheng of the crime of illegally absorbing public deposits.

At the end of          2010 , the defendants Lu, Liu and Ma, Qiu, and Chen agreed to use Company D as the financing platform, and Ma, Qiu, and Chen were specifically responsible for external financing. 2011 Nian 4 months to 2012 Nian 6 Monthly, D company made false promotional materials, agreed to pay investors 3% to 6% of the high monthly interest rate, by the named Ma, Qiu, Chen directly solicit or separately by Liu, Mr. Li, Mr. Chen, Mr. Jiang and others recruited investors and raised a total of more than 530 million yuan, of which only more than 70 million yuan was invested in the project , causing more than 1200 investors to lose more than 300 million yuan. The public prosecution agency accused each defendant of crimes of fundraising fraud and illegally absorbing public deposits.

         2012 Nian 9 Yue, E Company's actual controller Zhang Zhao ordered the establishment of E Company Shanghai Branch for financing. 2013 Nian 2 Yue Zhi 2015 Nian 8 Yue, E Company Shanghai Branch by way of foreign funds selling financial products to absorb 2 billion. 2015 Nian 9 months, Zhang knowing E company has been unable to pay investors principal and interest and clearly no longer the case for the branch to provide funds for payment, the trick is still 80 more than people participate in the investment, and investment funds for repayment has expired Borrowing principal and interest and paying employees' wages, etc.; by the time of the case, there were more than 23 million yuan of principal outstanding . The public prosecution agency accused Zhang, as another directly responsible person of the company, for his actions successively constituted the crime of illegally absorbing public deposits and the crime of fund-raising fraud, and both crimes should be punished.

        At the beginning of 2014 , the defendant Zhang and others, as the heads of the F company team, recruited salesmen and introduced multiple investment projects to investors through publicity meetings and other methods. After that, they signed loan contracts and promised to guarantee principal and interest. 2015 Nian 1 month, Zhang departure from the company; the same year 6 Yue incident. Zhang to leave from the incident, which attract downline sales still attract capital after his departure 100 more than million, the prosecutor accused Zhang of the amount of crime include this amount.

    At present, illegal fund-raising cases are showing a trend of concentrated outbreaks, and the proportion of such cases will continue to increase in the future. In the process of the court hearing, it should fully realize the complexity and importance of the trial of illegal fund-raising cases, and follow the following principles and requirements:

    In the trial of illegal fund-raising cases, the following four points should be grasped as a whole:

    1 , to achieve normal hearing, insist on open justice

    It is necessary to use normalized trials as the keynote and use judicial resources sparingly; with the principle of open trials, open court trials, public judgment documents, and public disposal of the property involved in the case should be realized, so as to strive for the best judicial effect and display a good image of the court.

    2 , serious and patience, attention to grooming Interpretation

    It is necessary to correctly treat the reasonable demands and concerns of victims and fund-raising participants, uniformly accept interviews and reply, and patiently and carefully explain the work in exchange for the victims and fund-raising participants to understand the work of the court and avoid artificial confrontations.

    3 , carefully judged case, strengthening Instrument Reasoning

    Regarding disputes on fact finding and the application of law in the trial process, we should carefully study and judge, and the judgment document should fully respond to the disputed issues, be brave and good at reasoning, and demonstrate the determination and confidence of the court to make open and fair judgments in accordance with the law.

    4 , strengthen communication and coordination, a joint effort

    For the same series of illegal fund-raising cases tried in different courts, communication and coordination between different courts must be strengthened to ensure uniform law application and balanced sentencing. The court should also strengthen coordination and cooperation with other case-handling agencies and relevant party and government departments, and do a good job in the disposal of the property involved in the case.

    In stakeholder-type illegal fund-raising cases, there are often more defendants involved in fund-raising. In this regard, it is necessary to ascertain the level and job responsibilities of each defendant, and comprehensively consider the facts and circumstances of the defendant’s involvement in the crime, personal illegal income, subjective fault, etc., and give differentiated treatment during conviction and sentencing, highlighting the key points of attack, and achieve Punishment is a crime. The organizers, planners, directors, main implementers, and main gainers in illegal fund-raising activities should be focused on cracking down and severely punished; for the defendants other than the aforementioned persons, although the amount of crime involved is huge or extremely large, they are involved in the case. Those who actively return the illegal income and try their best to make up for the property losses caused by their actions may be given a lighter, mitigated or exempted punishment in accordance with the law.

    The recovery and refund of illegal income in illegal fund-raising cases is the most important task in handling such cases. It is related to the vital interests of every investor. Improper handling will trigger group visits and cause social instability. Therefore, maximizing the recovery and loss of stolen goods is an important goal in handling illegal fund-raising cases and the key to preventing unstable factors. During the trial process, the court should strengthen the awareness of recovering the stolen property, put this work in the same important position as the conviction and sentencing, do a good job in the renewal and freezing of the property involved in the case, attach importance to the collection and fixation of clues about the property involved in the case, and continue The work of recovering and refunding compensation will fully protect the legitimate interests of fund-raising participants and victims while fighting crimes.

Source: " Shanghai First Intermediate Court " WeChat public account