On the morning of July 4, the Beijing Municipal Procuratorate issued the 2017 White Paper on Financial Crimes. According to the white paper, in 2017, the city’s procuratorial organs accepted a total of 889 pieces of 888 cases of financial crimes and arrests, and accepted 1,480 cases of financial crimes. Among them, illegal fund-raising cases are still growing, while the number of credit card fraud crimes has declined, but it still accounts for the largest proportion.
I found that financial crimes often use the “blockchain” illegal fundraising in the name of P2P
The “White Paper” shows that in 2017, in the financial crime cases handled by Beijing procuratorial organs, the implementation of crimes in the name of Internet finance has become increasingly serious. For example, in recent years, the use of P2P to build a self-inflation platform, the number of cases for financing through the issuance of false claims transfer projects has increased year by year, and the harm has become more and more serious. In addition, the practice of illegal fundraising in the name of virtual currency and blockchain has begun to emerge.
At the same time, the “White Paper” shows that the number of illegal fund-raising cases handled by Beijing procuratorates has continued to increase, and major cases such as the “e-rental” case have increased. In these major cases, group-based, cross-regional, and multi-level operational models are used. The companies involved in the case have created a certain number of companies in a short period of time, affecting multiple regions. These companies are actually controlled by the same person, are associated with each other, cover each other, are more deceptive to investors, and the number of illegal fund-raising personnel and fund-raising personnel is huge.
In addition, illegal fund-raising crimes are often caused by the huge cost of fund-raising and the failure of investment, which makes it impossible for the capital chain to return the investor’s principal and promise interest, and then the case is made. In practice, it is extremely difficult to trace losses.
The “White Paper” pointed out that securities crime cases mainly use undisclosed information transactions, insider trading, etc., such cases are generally involved in a large amount of money, the amount of illegal profits is high, and the difficulty of obtaining evidence. In recent years, securities criminal suspects who have taken advantage of information have gradually upgraded from the previous self-opening operations, and adopted information transmission methods to allow others to conduct actual transactions. Therefore, securities crimes, especially in the “mouse warehouse” case, have a large number of joint crimes.
In addition to the banking, securities, insurance and other fields involved in traditional financial crimes, the Xicheng District Procuratorate also handled the first case of illegal use of funds in the country.
Specialized personnel handling financial crime cases, technical personnel stationed in the task force
The “White Paper” shows that the Beijing Municipal Procuratorate and the Third Branch have set up an economic crime procuratorate, and set up a financial crime case group to set up a financial crime procuratorate in the second branch of the financial crime case, Xichengyuan, Chaoyangyuan and Fengtai. The securities and futures cases shall be centralized by the second branch; other hospitals shall set up special handling groups as appropriate. Specialized personnel handle financial crime cases and strengthen special research and training.
The Beijing procuratorate has actively explored a professional simultaneous auxiliary review mechanism for Internet financial crimes and other cases. That is to say, for the new complicated and complicated cases, the technical personnel of the procuratorial organs act as judicial assistants, and the case handling case is involved in the whole process, and professional review tools are equipped to promote the financial analysis of financial crimes.
In the case of a particularly large amount of illegal fund-raising in the Dongcheng District Procuratorate, the procuratorial organ invited six professional and technical personnel to station in the task force, conducting a total of 189 technical evidence review and electronic data synchronization-assisted review, and proposing 11 supplementary investigation opinions. Effectively solve the technical problems involved.
In addition, the “White Paper” shows that while the Beijing procuratorate cracked down on the law, it tried to implement a confession and punishment system in eligible securities crimes and illegal fund-raising crimes.
At the same time, the White Paper also raised some problems and countermeasures found in the handling of financial crime cases. Financial crime cases often have problems in investigation and evidence collection, and there are many disputes in law application. Such crimes as crimes of illegal fund-raising and non-crime, fund-raising fraud and illegal public deposits, and crimes of individual crimes and unit crimes.
With the development of the Internet, financial legal norms have lagged behind the regulation of new financial formats such as Internet finance, and have not fully informed the nature of some Internet financial services and financial risks. At the same time, some high-risk capital operation modes lack regulations and norms, or the existing normative documents have a low level of effectiveness. The administrative system and the criminal law have not yet formed a perfect connection system. Administrative supervision lacks clear legal authority in some areas. The procuratorial organ proposes to improve relevant laws and regulations, and pass the Regulations on Disposal of Illegal Funds Raising and the Regulations on Non-deposit-based Loan Organizations as soon as possible to clarify the powers of administrative supervision. By discovering problems through early regulation, priority can be given to administrative supervision measures to promote their return to the right track.
In addition, the “White Paper” pointed out that the internal control mechanism of financial institutions needs to be further improved, and the occupational risk education of employees needs to be further strengthened. It is also necessary to continue to strengthen social prevention and publicity work.
Illegal fundraising cases are still growing
Taking the case of accepting examination and prosecution as an example, compared with 2016, the number of cases accepted in 2017 increased by 4.33%, and the number of people involved increased by 20.03%. Among them, the illegal fund-raising case also showed a growth trend.
It is reported that in the case of reviewing and prosecuting cases, in the case of illegally absorbing public deposits, the largest number of cases was the Chaoyang District where the CBD and other business districts were located, accounting for 66.23% of the total number of cases in the city.
In the case of credit card fraud, the largest number of cases was in Xicheng District, which has major bank headquarters. The number of cases examined and prosecuted accounted for 30.36% of the city.
The number of credit card frauds is still the largest
Taking the case of censorship and prosecution as an example, the number of credit card fraud accounts for 47.80% of all financial crimes, and the number of illegally absorbing public deposits ranks second with 302, accounting for 36.83% of all financial crimes.
The distribution of the number of crimes in the top ten cases has not changed much, and only minor adjustments have occurred. Among them, the number of crimes such as illegal public deposits, fund-raising fraud, exploitation of undisclosed information transactions, and loan fraud has increased; credit card fraud and credit card management The number of crimes of crime and insurance fraud has declined.