Dongsheng Public Security collects clues of pension fraud and crimes
1. Clue collection scope
In the name of providing "oldership services", investing in "oldership projects", selling "oldership products", promoting "housing pension insurance", carrying out "oldership insurance", carrying out "oldership poverty alleviation", etc., committing fraud, fundraising fraud, illegal absorption of public deposits, organizing and leading pyramid schemes, contract fraud, production and sale of counterfeit and inferior products, and producing, selling, providing counterfeit and inferior drugs, etc., infringing on the property rights and interests of the elderly.
2. Reporting method
Special Action Office of the Dongsheng Branch of Ordos Municipal Public Security Bureau:
Acceptance time: from now until October 31, 2022
Reporting phone number: 0477-3995720, 1 10
Report Email: [email protected]
Please actively participate in this special operation and actively report clues of fraud related to the elderly. We will protect the legitimate rights and interests of the whistleblower in accordance with the law. The whistleblower should truthfully reflect the problems in accordance with the principle of seeking truth from facts. If the report is used to fabricate facts and frame them, they will bear corresponding legal responsibilities.
Supreme Procuratorate released crackdown and rectification of pension fraud crimes
Typical cases
htmlOn June 17, the Supreme People's Procuratorate released 6 typical cases of crackdown and rectification of pension fraud crimes, revealing common means of pension fraud and demonstrating the position of procuratorates to severely punish pension fraud crimes.
It is understood that in April this year, the Ping An China Construction Coordination Group took the lead in deploying a nationwide special campaign to combat and rectify pension fraud. The Supreme People's Procuratorate's release of these typical cases is not only an important measure to implement the deployment of special operations and deepen various procuratorial work, but also an important way to warn the whole society, especially the elderly, of the elderly, of the crimes of elderly care fraud, and popularize the identification and prevention of elderly care fraud knowledge.
The six typical cases released this time are: Cao Mouming's fundraising fraud case, Dai Mouping and others' fundraising fraud case, illegal absorption of public deposits, Xu Mouyan's fundraising fraud case, Ye Mouya, Ji Moubo and others' fraud case, Xia Mou and others' fraud case, and infringement of citizens' personal information, and Xu Mouqiao, Bao Moukang and others' fraud case. Six typical cases cover various typical means of pension fraud, including investing in the elderly care industry, booking elderly care apartments, selling collectibles, providing medical services for the elderly, and handling "pension pensions" on behalf of "pension pensions", involving crimes related to pension fraud, illegal absorption of public deposits, fraud, and infringement of citizens' personal information.
"These 6 typical cases not only reflect the practical practices of the procuratorate in the process of punishing pension fraud crimes from different aspects, but also fully reflect the basic requirements of the procuratorate to handle pension fraud crimes." The head of the Fourth Procuratorate of the Supreme People's Procuratorate said that for pension fraud crimes, the procuratorate should strictly punish penalties in accordance with the law and effectively safeguard the legitimate rights and interests of the elderly. We must adhere to the main tone of severely punishing pension fraud in accordance with the law; we must punish illegal financial activities carried out in the name of pension in accordance with the law, and strictly grasp the basic principles of financial activities and franchising; we must always regard recovering stolen goods and losses as an important part of procuratorial case handling; we must comprehensively punish all kinds of pension fraud crimes and cut off the black industrial chain; we must conduct practical and detailed explanations of the law and reasoning based on the physical and mental characteristics of the elderly; we must coordinate the rectification and standardization work in conjunction with case handling to achieve "I manage" and promote "main management".
It is reported that in the next step, the procuratorate will continue to focus on case handling, include all cases of pension fraud in handling the matter in the ledger management, increase efforts to recover stolen assets and recover losses, and comprehensively form a severe punishment of pension fraud; further strengthen traceability governance, combine case handling prosecutorial recommendations, and carry out public interest litigation work in key supervision areas clearly defined by special actions, especially the protection of personal information for the elderly and false publicity of pension products, and further innovate and implement the legal publicity responsibility system of "who enforces the law, who popularizes the law", continuously deepen the effectiveness of crime prevention publicity and education, and create a good social environment for the elderly to enjoy a happy old age.
case 1
Cao Mouming fundraising fraud case
——Fundraising fraud in the name of investing in the pension industry
[Keywords]
Investing in the pension industry Fundraising fraud
Illegal absorption of public deposits Money laundering Recovering stolen losses
[Basic case facts]
Since the end of 2012, Cao Mouming has established a series of companies such as Jiangsu Aiwan Investment Co., Ltd. (hereinafter referred to as the "Aiwan Series" company). Without the approval of the law, under the guise of providing home-based elderly care services and investing in art, the team formed in charge of fundraising will conduct false propaganda to the unspecified public who have elderly care services, especially the elderly, exaggerating the scale of business and investment value, and promised to pay a high return of 8%-36%. In order to lure the elderly into participating in investment, the members of the fundraising team of the "Aiwan Group" company have adopted a series of measures, such as distributing eggs, rice, oil and other daily necessities for free; attracting elderly care groups to participate in company activities, preaching to the elderly six major elderly sectors such as aging health, aging finance, and aging culture to the elderly, exaggerating the prospects and scale of the elderly’s care industry; using a very small number of fundraising funds to set up elderly care communities that do not have the conditions for pension, creating home service projects, etc., organizing elderly people to visit and try stays; inviting film and television celebrity advertising endorsements, etc. After defrauding the trust of the propaganda target, the "Aiwan Group" company collected fundraising funds by signing "home service contracts" and "art transaction contracts" with them.
From April 2018, the "Aiwan Group" company absorbed more than 13.207 billion yuan in RMB (the same currency as below) from more than 110,000 people. Cao Mouming used the fundraising funds mainly to pay the principal and interest of the fundraising participants, pay high salaries, bonuses, sales team salaries and commissions, personal use, squandering consumption, etc., and a small part is used for foreign investment. In May 2018, Cao Mouming transferred and concealed assets in large quantities, destroyed and concealed evidence, and fled abroad due to concerns about the break of the capital chain. At the time of the incident, the principal loss was more than 4.698 billion yuan to the fundraising participants.
On November 26, 2019, the Nanjing Intermediate People's Court of Jiangsu Province sentenced Cao Mouming to life imprisonment for fundraising fraud, deprived of political rights for life, and confiscated all his personal property. After the first instance judgment, Cao Mouming appealed. On June 12, 2020, the Jiangsu Higher People's Court ruled to reject the appeal and uphold the original judgment.
[Procuratorial organs perform their duties]
The case prosecutor of the Nanjing People's Procuratorate of Jiangsu Province checks the case documentary certificate.
On May 14, 2018, the Jianye Branch of the Nanjing Public Security Bureau of Jiangsu Province filed a case for illegal fundraising by the "Aiwan Group" company. On June 3 of the same year, the People's Procuratorate of Jianye District, Nanjing made a decision to approve the arrest of Cao Mouming. On June 12, Interpol issued a red notice to Cao Mouming and his ex-wife Xu Mouling; on September 15 of the same year, Cao Mouming and Xu Mouling were arrested and brought to justice. The Nanjing Municipal People's Procuratorate quickly launched the linkage mechanism between the municipal and district procuratorates, established a case handling team, intervened in the investigation activities to guide the collection of evidence, and suggested that the public security organs list downstream money laundering crimes as one of the important investigation directions.
On December 15, 2018, the public security organs transferred the case to the People's Procuratorate of Jianye District, Nanjing for prosecution.On June 24, 2019, because Cao Mouming may be sentenced to life imprisonment, the Nanjing Jianye District People's Procuratorate reported the case to the Nanjing People's Procuratorate for review and prosecution. The Nanjing Municipal People's Procuratorate reviewed that the "aging industries" claimed by Cao Mouming during the illegal fundraising process are all gimmicks to attract investment. The funds are mainly used to repay principal and interest, pay high salaries, and use them in personal squandering. They have not actually invested in the construction of the so-called "aging industries". Although Cao Mouming knew that he could not repay the funds raised, he still fabricated and spread false information such as the listing of his company abroad, further expanded the scale of funds absorbed. After the "fund chain" was broken, he fled with the funds, which was the purpose of illegal possession, which constituted the crime of fundraising fraud. On August 6, 2019, the Nanjing Municipal People's Procuratorate filed a public prosecution against Cao Mouming for fundraising fraud.
During the case handling process, in order to maximize the recovery of stolen money, the procuratorate and the public security organs conducted a synchronous review of the clues of money laundering crimes. It was found that Xu Mouling used her personal account to help Cao Mouming transfer 19.9 million yuan of stolen money to overseas. Jin Mouhai used the company account to receive 34 million yuan of stolen money from the "Aiwan Group" company, and helped Cao Mouming control the money through transfer and withdrawal, making a profit of 250,000 yuan. The Jianye District People's Procuratorate of Nanjing City filed a public prosecution against Xu Mouling and Jin Mouhai for money laundering, and the two were held criminally responsible in accordance with the law. By the time of public prosecution, the property involved in the case was recovered in accordance with the law, equivalent to more than RMB 720 million. At present, asset disposal work is underway.
At the same time, the Nanjing Jianye District People's Procuratorate filed a public prosecution for the crime of illegally absorbing public deposits because they did not have the purpose of illegal possession. All the above-mentioned persons are held criminally liable in accordance with the law.
[Typical Significance]
(I) Strictly grasp the basic principles of financial activity franchise and punish illegal financial activities such as illegal fundraising in the name of investing in the elderly care industry in accordance with the law. As my country enters an aging society, the Central Committee of the Communist Party of China and the State Council have successively issued documents such as "Opinions on Strengthening Aging Work in the New Era" and "Plan for the Development of the Aging Causes and Elderly Care Service System of the 14th Five-Year Plan", deploying and implementing a national strategy for actively responding to population aging, promoting the coordinated development of the aging cause and industry, and striving to build and improve a bottom-line, universal and diversified elderly care service system. The development of the elderly care industry cannot be separated from the support of the financial system, but financial activities involving the elderly care industry must also comply with financial laws and adhere to the principle of franchise for financial activities. To publicly absorb deposits to the unspecified public, you must obtain relevant administrative permissions from the State Council’s financial management department, otherwise it will constitute illegal fundraising. For illegal fundraising actors, criminal liability will be held for the crime of fundraising fraud and illegal absorption of public deposits based on whether they have the purpose of illegal possession. To determine whether the perpetrator has the purpose of illegal possession, it should be comprehensively reviewed and judged based on the level of illegal fundraising, division of responsibilities, ways of obtaining profits, whether he participated in the disposal of funds, and the degree of knowledge of the actual use of funds.
(II) When handling illegal fundraising cases, the clues of money laundering crimes must be reviewed simultaneously, and the work of recovering stolen money and rescuing losses must be done to the greatest extent. The work of recovering stolen stolen losses is related to the vital interests of the elderly who participate in fundraising. The procuratorate should regard recovering stolen stolen losses as an important part of handling illegal fundraising cases. However, in illegal fundraising cases, illegal fundraisingers often use the fundraising funds to repay principal and interest, personal squandering or irresponsible investment, resulting in a break in the capital chain at the time of the incident, which brings many objective difficulties to recover stolen money and losses. The procuratorate should take active measures to recover stolen assets and damages, and to the greatest extent possible. We must pay attention to simultaneously reviewing the clues of money laundering crimes, hold the person who launders the money laundering criminally responsible in accordance with the law, and discover and recover the property involved in the case from it, so as to improve the actual effect of recovering stolen money and losses.
(III) When investing in the elderly care industry, pay attention to identifying legal financing and illegal fundraising, and carry out financial investment activities rationally in accordance with the law. When the public invests in the elderly care industry, it is necessary to distinguish whether financing activities are publicly raised funds such as absorbing public deposits, issuing securities and other public funds, or even fraud, based on the business conditions of the company's business, whether the publicity project really exists, whether the promised returns or dividends are made, whether the promised returns exceed the reasonable range, and whether the profitability of the promised returns is available. Regarding the public fundraising behavior, we must further understand whether the relevant companies have corresponding financial business licenses and determine whether it is legal financing or illegal fundraising. If you do not obtain relevant financial business licenses, and promise to repay principal and interest or pay other investment returns in the name of investment, investment, reservation, etc., and absorb funds publicly to the unspecified public, it is illegal to raise funds. You cannot mistakenly think it is a legal business and invest regardless of risks because of the gimmick of pension industry policies, company prospects, promised high returns, etc.
case two
Dai Mouping and others fundraising fraud,
Illegal absorption Public deposit case
—Illegal fundraising from the elderly in the name of booking a nursing home bed
[Keywords]
Reserve a nursing home Fundraising fraud, illegal absorption of public deposits, illegal possession purpose, severe punishment for
[Basic case]
In 2010, Dai Mouping began to operate the Sunset Red Senior Apartment to the outside world, charging fees as daily operating funds. Dai Mouping also operated other engineering projects through private lending and bank loan financing, but was in debt due to poor management. In order to repay the principal and interest of the above-mentioned private loans and bank loans, Dai Mouping, Wei Mousheng, Xu Mouqiang, Xu Mougang, and Dai Mouqing respectively established the Xiyanghong Senior Apartment Marketing Department, Xiyanghong Xiaode Square, and Xiyanghong Travel Agency, and began illegal fundraising since January 2013. Wei Mousheng, Xu Mouqiang, Xu Mougang, Dai Mouqing and others organized marketing teams to promote projects such as elderly care apartments under their name by issuing "Investment Pension" flyers, conducting lectures, and organizing dinners, and promoting the so-called "high investment return + preferential enjoyment of elderly care services" investment projects, that is, signing a bed reservation contract and paying a deposit can obtain an annualized interest of 7%-12%. You can enjoy preferential prices when you move in later, attract middle-aged and elderly people to sign a reserved elderly care service contract and pay a deposit.
From March 2018, Dai Mouping, Wei Mousheng, Xu Mouqiang, Xu Mougang, Dai Mouqing and others absorbed more than 136 million yuan from more than 2,100 people through the above methods. Most of the above funds are arbitrarily controlled and used by Dai Mouping personally, and only 7.44 million yuan is used for daily business activities such as elderly care apartments. The remaining funds are used to pay the principal and interest of the fundraising participants, return the private debts owed and bank loans, sales team commissions, and personal squandering use, causing a principal loss of more than 93 million yuan to the fundraising participants.
On February 1, 2021, the Huangshi Port District People's Court of Huangshi City, Hubei Province sentenced Dai Mouping to 15 years in prison and a fine of 400,000 yuan for the crime of fundraising fraud; Wei Mousheng and four other defendants were sentenced to eight years, eleven months to two years, and a fine of four defendants for the crime of illegally absorbing public deposits. After the first instance judgment, the defendant appealed. On July 6, 2021, the Huangshi Intermediate People's Court ruled to reject the appeal and uphold the original judgment.
[Procuratorial Organs Perform Duties]
On December 29, 2018, after the public security organs filed a criminal case, the People's Procuratorate of Huangshi Port District, Huangshi City, Hubei Province intervened in the investigation and suggested that the public security organs issue an announcement to notify the fundraising participants who have not reported the case and find out the amount of illegal fundraising and the loss. The public security organs adopted the procuratorate's suggestion, collected, sorted and checked the report materials of more than 1,700 fundraising participants, verified the whereabouts of the stolen money, inquired and frozen the property of the persons involved in the case and the unit, and hired the audit department to issue an audit report. On June 28, 2019, the public security organs transferred the case for prosecution on suspicion of illegally absorbing public deposits by Dai Mouping and others.The procuratorate returned the two additional investigations after reviewing and prosecution, and guided the public security organs to further collect relevant evidence from the subjective purpose and where the stolen money went. On December 25, 2019, the People's Procuratorate of Huangshi Port District, Huangshi City believed that the evidence in the case was not enough to prove that Dai Mouping and others had the purpose of illegal possession, so he prosecuted Dai Mouping and others for the crime of illegally absorbing public deposits. After the public prosecution was filed, the Huangshi Port District People's Procuratorate of Huangshi City continued to require the public security organs to provide additional evidence of the whereabouts of the funds involved. The public security organs finally provided relevant evidence. The procuratorate reviewed that Dai Mouping personally actually controlled the fundraising funds and used most of the fundraising funds to repay bank loans and private loan principal and interest, and paid the principal and interest of the fundraising participants. Only a very small part was invested in the daily business activities of nursing homes such as Xiyanghong Senior Apartment, which was obviously disproportionate to the scale of the fundraising funds raised, which was enough to prove that Dai Mouping had the purpose of illegal possession in the process of illegal fundraising, which constituted the crime of fundraising fraud. The other defendants are mainly responsible for illegally absorbing public deposits and failing to participate in the use of fundraising funds, which constitutes the crime of illegally absorbing public deposits. On November 23, 2020, the People's Procuratorate of Huangshi Port District, Huangshi City changed the prosecution of Dai Mouping as a crime of fundraising fraud. During the court trial, the procuratorate issued a public prosecution opinion, pointing out that the crime target in this case is the elderly, with a bad nature and great social harm. It is recommended that the court punish Dai Mouping and others at their discretion and the court adopts it.
[Typical Significance]
(I) Focus on guiding and collecting evidence and comprehensive review of the actual destination of illegal fundraising funds, and accurately judge whether the illegal fundraising person has the purpose of illegal possession. Whether an illegal fundraising person has the purpose of illegal possession is directly related to whether he constitutes the crime of illegally absorbing public deposits or the crime of fundraising fraud, which in turn affects the severity of his punishment. In the process of handling illegal fundraising cases, the procuratorate should pay attention to guiding the public security organs to strengthen comprehensive investigation and evidence collection of relevant evidence on the actual whereabouts of the fundraising funds, and accurately judge whether the illegal fundraising person has the purpose of illegal possession through the review of the actual whereabouts of the fundraising funds. If the funds are still absorbed by illegal fundraising even though they know that they do not have the ability to return funds, and the fundraising funds are mainly used for non-business purposes such as repaying personal debts, repaying principal and interest, and commissions from salesmen, they should be deemed to have the purpose of illegal possession.
(II) Illegal fundraising cases involving the elderly as the target of crimes should be severely punished in accordance with the law. The savings of the elderly are an important guarantee for the elderly to live a happy life and spend their old age in peace. In response to the bad nature of fraud and crimes in the elderly, the procuratorate should adhere to the main tone of strictness in accordance with the law when handling cases of illegal fundraising in the elderly. Those who specifically target the elderly can propose sentencing recommendations for severe punishment as appropriate based on the degree of criminal means of crime and the recovery of stolen assets and losses. In addition, we must also pay attention to accurately grasping the boundaries between crime and non-crime, misdemeanor and serious crime. For cases where illegally absorbing public deposits are transferred for prosecution and prosecution, if they are found to constitute the crime of fundraising fraud after careful review and supplementary investigation, the crime should be changed in a timely manner so as not to be ruthless or unwilling.
(III) The elderly care service industry should operate in accordance with the law, and the elderly should beware of the sales trap of enjoying elderly care services by paying deposits. The elderly care service industries such as elderly care apartments and elderly care tourism are related to the happiness of the elderly in their later years. The state has issued a series of normative documents and support policies, and practitioners should operate in accordance with the law. Under the guise of enjoying regular high returns, or returning all deposits after several years and enjoying free stays, free vacation and tourism, etc., the "promotion" of pensions such as deposits and investment funds are actually financial activities that absorb public funds. They cannot be carried out without obtaining the legal permission of the financial management department of the State Council. For such illegal marketing, the elderly should resist temptation and be careful not to be deceived. Otherwise, these prepaid funds may be arbitrarily controlled and used by operators because they are not subject to any supervision, which brings major risks and hidden dangers to the safety of the funds and is prone to huge losses.
case three
Xu Mouyan fundraising fraud case
——Fundraising fraud from the elderly through family care and premium repurchase methods
[Keywords]
family care premium repurchase fundraising fraud plead guilty and punishment Recovering the stolen money to recover
[Basic case facts]
In May 2017, Xu Mouyan mistook the name of others and registered and established Bo Mou Trading Co., Ltd., which specializes in the elderly group with "retirement and spare money" as the target, organized employees to render commemorative coins, stamps and other items purchased at low prices into collectibles with artistic value and collection value, luring the elderly group to purchase and promise a 20% premium to repurchase in one year. In order to deceive the elderly group into trusting the company, Xu Mouyan and others adopted many packaging methods: First, they rented and decorated business places, unified employees' dress, and falsely promoted that "the company's headquarters is located in Beijing and operated in a chain nationwide, and the products are legal and compliant", disguised as the illusion of formal business. Second, we frequently organize company employees to communities, parks, vegetable markets and other places where the elderly often gather, and use free distribution of eggs, laundry detergent, etc. to cooperate with false propaganda to gain attention from the elderly and bring closer relationships. Third, for the elderly who have the possibility of purchasing, organize company employees to help the elderly clean, take care of their spouses, chat with each other, and even deceive the elderly by recognizing "family relatives". Fourth, regularly organize the elderly to participate in the company's "auctions" and "trading fairs", and direct the scam of "auctions" and "trading" the company's collections, falsely advertise "early investing and benefiting early, and more investment." In order to prevent the elderly’s family from discovering, Xu Mouyan and others put the so-called “collectibles” into black bags and sealed them during sales, and warned the elderly not to open them on the grounds such as “light and moisture-proof” and “affecting repurchase”. At the time of the incident, Xu Mouyan illegally absorbed more than 1.92 million yuan of funds, and only returned more than 180,000 yuan of principal and income to some elderly people, and failed to repay more than 1.73 million yuan of principal.
On March 22, 2021, the Zoucheng People's Court of Shandong Province sentenced Xu Mouyan to seven years and six months in prison and a fine of 50,000 yuan for the crime of fundraising fraud. Xu Mouyan did not appeal and the judgment took effect.
[Procuratorial organs perform their duties]
The case-handling prosecutor of the People's Procuratorate of Zoucheng City, Shandong Province discussed the case with the public security personnel.
On May 10, 2019, after receiving the report, the Zoucheng Public Security Bureau of Shandong Province filed a case for investigation on Xu Mouyan's suspected fraud. On June 25, 2019, the Zoucheng Public Security Bureau invited the Zoucheng People's Procuratorate to intervene in the investigation. After the Zoucheng People's Procuratorate's analysis, it was believed that Xu Mouyan publicly sold so-called "collections" to unspecified elderly groups by distributing leaflets, holding lectures, and giving gifts, and promised to repurchase at a premium after maturity, which was suspected of fundraising fraud. It is therefore recommended that the public security organs conduct investigations and evidence collection based on business models, publicity methods, funding destinations, etc. to find out whether it constitutes a crime of fundraising fraud.
On August 20, 2019, the public security organs transferred Xu Mouyan to prosecute for suspected fundraising fraud. During the review and prosecution process, Xu Mouyan pleaded guilty and accepted punishment and signed a letter of consent. On February 18, 2020, the Zoucheng People's Procuratorate filed a public prosecution against Xu Mouyan for the crime of fundraising fraud, and proposed a suggestion for determining sentencing in accordance with the law. The court adopted the sentencing recommendation of the procuratorate.
In the process of carrying out the plea of guilty and accepting punishment, Zoucheng People's Procuratorate cooperated closely with the public security organs to take recovery of stolen assets and losses as an important work content, urging and guiding Xu Mouyan and his family to voluntarily return a real estate and a car, and recover more than 1.2 million yuan in economic losses for the elderly.
[Typical Significance]
(I) Accurately grasp the criminal components of the crime of fundraising fraud and properly distinguish between fraud and fundraising fraud. Currently, there are more and more cases of defrauding elderly people of money under the name of selling collectibles. Some constitute fraud, while others constitute fundraising fraud. When handling cases, the procuratorate should accurately confirm the constituent elements of the two crimes stipulated in the Criminal Law.The act of selling goods through promising premium repurchase and other methods and illegally absorbing funds to the unspecified public. In fact, selling goods is not the main purpose, and absorbing funds is the main purpose. It violates the "Regulations on Preventing and Disposing of Illegal Fundraising" and other financial laws, infringes on the financial management order, and is an illegal fundraising. Those who commit the above-mentioned acts for the purpose of illegal possession shall be held criminally responsible for the crime of fundraising fraud. Those who mainly cover up the true value of the goods through false propaganda and other means, causing the buyer to fall into the wrong understanding of "value for money" and sell it at an inflated price to obtain illegal benefits, criminal liability should be pursued for the crime of fraud.
(II) Focus on integrating recovery of stolen assets into the work of admitting guilt and accepting punishment, and determine the leniency based on the return of stolen assets. Whether the suspect or defendant of illegal fundraising crime returns the stolen money is one of the important factors in evaluating whether they sincerely plead guilty and accept punishment. When the procuratorate carries out guilty and accepts punishment for criminal suspects and defendants in illegal fundraising cases involving the elderly care field, it must integrate the work of recovering stolen goods and rescuing losses into it, and urge and guide the suspects and defendants to voluntarily return stolen goods and compensation. When making sentencing recommendations, the performance of returning stolen stolen money and the recovery of losses for the elderly should be taken as important factors in the leniency.
(III) Beware of the trap of family care for strangers and avoid "care" turning into "harm". In modern society, the elderly and their children's lives have gradually become the norm. Criminals take advantage of the characteristics of the elderly's need for family care and lack of investment expertise, and launch a "family" offensive by caring about their well-being and home-based services, defrauding the trust of the elderly and instilling various wrong concepts such as investment and financial management, health and wellness, in order to achieve the ultimate goal of defrauding the elderly's property. For this false and hypocritical "family care", the elderly should pay attention to identification and prevention, and should not easily entrust their pension money to others. At the same time, for children, we should care more about the living conditions of the elderly, contact us frequently, pay more attention, and remind us well, so that the elderly can have a place to support, have a place to rely on, have fun, and have peace of mind. Don’t let “fake family affection” become a breeding ground for elderly care fraud.
case four
fraud case for Ye Mouya, Ji Moubo and others
—In the name of traditional Chinese medicine experts' diagnosis and treatment, fraud, medical expenses,
[Keywords]
Traditional medical diagnosis and treatment, fraud, self-inspection Legal publicity
[Basic case facts]
Starting from November 2020, Ye Mouya, together with Ji Moubo, Meng Moukun, Ping Mouyao, Zhang Moulian and others, opened a moxibustion hall under the name of Shanghai Shen Mouxin Network Technology Co., Ltd., which he actually controlled and operated. Without the qualification of a traditional Chinese medicine medical institution, Ji Moubo, who has not obtained the national practicing physician qualification, pretended to be a medical expert for the elderly. In order to accurately defraud, Ye Mouya and others screened the information of the elderly obtained during the operation of the moxibustion hall based on conditions such as age, family economic status, consumption habits, etc., and selected "patients" with old age, wealthy family, having large consumption records, and children are not around as the target of the fraud. They also deceived the elderly to the clinic by designing speech, repeatedly contacting phone calls, and arranging home pick-up and drop-offs. Then, Ji Moubo conducted false "diagnosis, pulse, and prescription" based on the information of the elderly that was learned in advance. Ye Mouya falsely claimed that the "Chinese patent medicine" made of ordinary Chinese medicinal materials was a Chinese patent medicine containing precious medicinal materials, and determined the price based on the economic conditions and consumption capacity of the elderly, and sold it to the elderly at a high price. By the time of the incident, a total of 9 elderly people were defrauded of 319,000 yuan. After the public security organs filed a case, the defendant returned all the stolen money and returned it to the victims.
On September 28, 2021, the Baoshan District People's Court of Shanghai sentenced Ye Mouya to four years and six months in prison and a fine of 100,000 yuan for fraud; Ji Moubo was sentenced to three years in prison and a fine of 50,000 yuan; Meng Moukun and three others were sentenced to two years to ten months in prison and a fine of 10 months.
[Procuratorial organs perform their duties]
Public prosecution team of the People's Procuratorate of Baoshan District, Shanghai appeared in court to support the prosecution.
On April 27, 2021, the Baoshan Branch of the Shanghai Public Security Bureau transferred Ye Mouya and others for suspected fraud. This case involves professional issues in traditional Chinese medicine diagnosis and treatment. Ji Moubo has certain knowledge of traditional Chinese medicine and argues that his behavior is not a fraud. In response to the defendant's defense, the procuratorate conducted a self-investigation and found that Ye Mouya's company did not have the qualifications of a traditional Chinese medicine medical institution, and the "expert" hired by Ji Moubo did not obtain the qualification of a national practicing physician. After the Moxibustion Museum screened "patients" for consultation, it sold a large number of "preparations" that had privately developed and falsely claimed to contain precious Chinese medicinal materials. The dosage was prescribed at one time ranged from 3 to 6 months, and the price was set based on the victim's economic strength. The procuratorate believes that the above facts show that the behavior of Ye Mouya and others has no purpose or substance for diagnosis and treatment at all, and is a fraud crime under the name of traditional Chinese medicine diagnosis and treatment. On June 11, 2021, the Baoshan District People's Procuratorate of Shanghai filed a public prosecution against Ye Mouya and five others for the crime of fraud.
Shanghai Baoshan District People's Procuratorate carried out legal publicity work to the elderly by inviting NPC deputies and community elderly-related staff to attend the trial, posting the fraud case to the public, going to the streets and communities to carry out legal publicity lectures for the elderly, and pushing legal online courses for the protection of the rights and interests of the elderly in the "Legal Class" of the WeChat public account legal publicity column, etc., to carry out legal publicity work to the elderly to warn of the risks of such fraud.
[Typical Significance]
(I) Actively perform duties in accordance with the law, carry out self-investigation, and accurately define the nature of the case. opens a traditional Chinese medicine clinic, and commits fraud cases against the elderly in the name of private experts' traditional Chinese medicine diagnosis and treatment. This not only infringes on the property safety of the elderly, but also may endanger the physical health of the elderly. The characterization of this fraud method is confusing. The procuratorate should accurately define the nature of the case based on the behavior of the suspect and the defendant, the subjective purpose, etc., and accurately distinguish the crime of fraud and illegal medical practice. Those who use the name of practicing medicine to defraud money by selling medicinal materials with high prices through false propaganda, should see the essence of fraud through the appearance of practicing medicine and hold criminally responsible for fraud in accordance with the law. The procuratorate should focus on whether to commit fraud in the name of practicing medicine. If necessary, relevant evidence can be consolidated through self-inspection and relevant industry experts can be invited to assist in the review.
(II) Carry out legal publicity in combination with case handling innovation, so that the "procuratorial blue" can protect the "sunset red". While handling cases, the procuratorate should focus on deepening the effectiveness of legal publicity by explaining the law through cases, and promote legal publicity into communities, supermarkets, parks, squares, families, and activity venues for the elderly. Give full play to the role of various new media platforms and carry out legal publicity by publishing relevant typical cases and holding online legal classes. We must give full play to the role of NPC deputies and other people from all walks of life, and promote legal publicity work by inviting NPC deputies and community elderly staff to attend the trial.
case five
Xia Mou and others fraud and infringe on citizens' personal information
-Illegal acquisition of personal information of the elderly, impersonating state staff to handle "pension pension" and other frauds of the elderly
[Keywords]
pension pension infringe on citizens' personal information Fraud Full-chain punishment Explanation and reasoning
[Basic case facts]
In March 2016, Xia instructed Dong Mousong to purchase more than 98,000 pieces of personal information for the elderly through the Internet.After obtaining personal information, Xia instructed Dong Mousong, Liu Mouhui, Sun Mouxu, Gao Mou, Guo Moufeng, Yan Moufeng and others hired to divide the responsibilities, impersonate staff from the State Poverty Alleviation Office, the Drug Administration, the Civil Affairs Bureau and other departments to call the elderly to understand their physical, family, and income, and gradually gain their trust. Then, by helping with false names such as "pension pension", "chronic disease subsidy", "poverty alleviation funds", etc., to collect material fees, deposits, and other fees to defraud the elderly of money. By the time of the incident in July 2019, Xia and others had defrauded 41 elderly people of RMB 4.98 million. The proceeds of the fraud were used by Xia to pay employee wages, personal squandering, etc.
On June 28, 2020, the Yiwu Municipal People's Court of Zhejiang Province sentenced Xia to 11 years in prison and a fine of 80,000 yuan for fraud; and sentenced to three years in prison and a fine of 20,000 yuan for infringing on citizens' personal information. He also decided to sentence 12 years and six months in prison and a fine of 100,000 yuan for multiple crimes. Dong Mousong and other defendants were sentenced to fixed-term imprisonment ranging from six years and ten months to two years and nine months, and were fined. After the judgment, the defendants did not appeal and the judgment took effect.
[Procuratorial Organs Performing Duties]
The case-handling prosecutor of the People's Procuratorate of Yiwu City, Zhejiang Province called to inquire about the situation of the victims in the case.
On December 11, 2019, the Yiwu Municipal Public Security Bureau of Zhejiang Province transferred the prosecution to the Yiwu Municipal People's Procuratorate for suspected fraud and infringement of citizens' personal information. The procuratorate reviewed and found that this case was a fraud committed by illegal personnel who pretended to be staff members of the State Poverty Alleviation Office, the Drug Administration, etc., and it also constituted the crime of fraud and fraud. According to law, criminal liability should be pursued in accordance with the crime of severe punishment. At the same time, in order to commit fraud crimes, Xia and Dong Mousong illegally obtain citizens' personal information in violation of relevant national regulations, which constitute the crime of infringing on citizens' personal information. On April 7, 2020, the Yiwu Municipal People's Procuratorate filed a public prosecution against Xia, Dong Mousong, Liu Mouhui, Sun Mouxu, Gao Mou, Guo Moufeng and Yan Moufeng.
Because the crimes in this case are all elderly people, some of the victims have been cheated many times, and some of them have been cheated of their life savings, which has suffered a major psychological blow. In order to safeguard the legitimate rights and interests of the elderly, the Yiwu Municipal People's Procuratorate, together with the court and public security organs, verifies the victim's specific identity, contact information, home address and other information, and actively carries out the work of interpreting the law and reasoning and psychological comfort. At the same time, in response to the high incidence and frequent occurrence of telecommunications network frauds against the elderly reflected in the case, the system systematically sorted out the basic situation, main characteristics and causes of telecommunications network fraud crimes over the past three years, put forward opinions and suggestions on source governance, and issued the "Procuratorial White Paper", jointly with public security organs, telecommunications network companies, etc. to build a solid anti-fraud defense line.
[Typical Significance]
(I) Comprehensively and severely punish telecommunications network fraud and related crimes related to pension, and promote full-chain governance. Telecom network fraud crimes involving vulnerable groups such as the elderly are more common. Such cases often span a long time, and victims are distributed all over the country. The procuratorate should guide the public security organs to fully investigate the facts of the crime by intervening in the investigation. Those who commit fraud crimes that impersonate state employees should be held criminally responsible for the crime of heavy punishment. In the crime of pension fraud, providing personal information for the elderly becomes an accomplice of "precise" fraud. While pursuing criminal responsibility for fraud in accordance with the law, we must pay attention to investigating and punishing related crimes such as infringement of citizens' personal information and helping information cybercrime activities, and resolutely cut off the black industrial chain of telecommunications and network fraud against the elderly. If infringement of citizens' personal information during the fraud process constitutes a crime, criminal liability shall be pursued.
(II) Do a practical and detailed explanation of the law and reasoning based on the physical and mental characteristics of the elderly, and better reflect the humanistic care of judicial people. The crime of pension fraud not only infringes on the property safety of the elderly, but also has a negative impact on the physical and mental health of the elderly.While handling cases well, the procuratorate should actively listen to the reasonable and legal demands of the elderly, carry out targeted work on interpreting the law, reasoning, psychological comfort, etc., and actively carry out judicial assistance to the elderly who are in difficulties in life due to fraud to maximize the peace of life of the elderly.
case six
fraud case for Xu Mouqiao, Bao Moukang and others
-Selling false collections fraud elderly people
[Keywords]
selling false collections Crime group fraud The procuratorate recommended that
[Basic Case]
From November 2014 to December 2018, Xu Mouqiao registered and established several chain companies such as Han Mou Cultural Exchange Co., Ltd., recruited employees such as Bao Moukang to form a fraud criminal group, and packaged handicrafts and calligraphy and paintings that were cheaply wholesale from the distribution wholesale market into so-called "collections". Through telephone invitations, distributing flyers, giving small gifts, etc., it lured the elderly who lacked professional knowledge of collectibles to purchase, and lied that the "collections" have several to dozens of times the appreciation space. In order to dispel the concerns that the elderly cannot sell their "collections" after purchasing "collections", Xu Mouqiao and others lied that they could auction or sell on their behalf after appreciation, and even said that the company could guarantee the purchase. In order to create the illusion of scarce and active transactions of "collections" to dispel the concerns of buyers, Xu Mouqiao and others organized employees to show the elderly false auction and sales records of "collections" to the elderly, third parties solicit letters and documents of "collections", invested in customer income statements, etc., and even fabricated some collections that can enjoy financial subsidies and other information because of the "Belt and Road" policy that encourages purchases, which makes the elderly mistakenly believe that the purchased "collections" are worth the money or even worth the money, thereby inducing the elderly to buy. When the elderly asked to auction and sell on their behalf, Xu Mouqiao and others set additional conditions such as further purchasing more "collections". When the elderly are unable to buy, they will induce them to continue to purchase "collections" through loans, credit card consumption, online loans, etc. By the time of the incident, Xu Mouqiao and others defrauded more than 20.71 million yuan from more than 160 elderly people. The proceeds from the fraud were used by Xu Mouqiao and others for the company's daily operating expenses, employee salaries and dividends, daily consumption and purchase of real estate and vehicles.
On May 28, 2020, the Wujin District People's Court of Changzhou City, Jiangsu Province ruled that Xu Mouqiao, Bao Moukang and others formed a relatively fixed criminal organization to jointly commit fraud crimes, which was a criminal group. Xu Mouqiao was the chief culprit, Bao Moukang was the chief culprit, and the other 15 defendants were accomplices. Xu Mouqiao was sentenced to 14 years in prison and a fine of 500,000 yuan for fraud; Bao Moukang was sentenced to 12 years in prison and a fine of 200,000 yuan; the other 15 defendants were sentenced to seven years and six months to one year and nine months, and a fine of 200,000 yuan. After the first instance verdict was announced, Xu Mouqiao and Bao Moukang appealed. On August 8, 2020, the Changzhou Intermediate People's Court ruled to reject the appeal and uphold the original judgment. The case handling agency has sealed, seized and frozen a number of property involved in the case, including the defendant's deposits, real estate, automobiles, etc., and the asset disposal is underway.
[Procuratorial Organs Perform Duties]
People's Procuratorate of Wujin District, Changzhou City, Jiangsu Province held a joint meeting of prosecutors to discuss the disputes in the case.
On October 8, 2018, after the Wujin Branch of the Public Security Bureau of Changzhou City, Jiangsu Province filed a case, it invited the Wujin District People's Procuratorate of Changzhou City to intervene in the investigation. On January 25, 2019, the public security organs divided the personnel into four levels based on the status, role, degree of knowledge, time of participation and illegal profits of more than 80 people involved in the case, and 17 of them were requested for approval of arrest in accordance with the law. After the procuratorate reviewed, a total of 16 people in the company's leadership and middle-level personnel approved the arrest in accordance with the law. At the same time, the procuratorate found during the review that Bao Moukang was not in the case and arrested the missed criminal in accordance with the law.
On April 25, 2019, the public security organs transferred Xu Mouqiao, Bao Moukang and others to prosecute.The procuratorate reviewed that the defendant in this case used a series of deceptive means to set up various traps for the purpose of illegal possession. The goods sold were all handicrafts purchased at low prices rather than collectibles with collection value. The "routines" were used to cause many elderly people to be deceived and continued to purchase "collections", which constituted the crime of fraud. On November 1, 2019, the People's Procuratorate of Wujin District, Changzhou City filed a public prosecution against Xu Mouqiao and 17 others for fraud.
The procuratorate issued a "Procuratorial Recommendation" to the local market supervision and management department in response to the problems in the cultural market found in the case handling, suggesting strengthening market supervision and special rectification of deceptive marketing in the cultural market and related markets. The local market supervision and management department attaches great importance to it and takes corresponding measures to rectify and implement it to achieve good social results.
[Typical Significance]
(I) When handling cases of elderly care fraud crime groups, pay attention to distinguishing the status and role of each defendant in the crime, and the primary members must be punished more severely in accordance with the law. is to form a criminal group for pension fraud, and the social harm is very serious and should be severely cracked down on in accordance with the law. The procuratorate should play the role of intervening in investigation and guiding evidence collection, and work with the public security organs to conduct a good analysis of the case. For those who meet the conditions for arrest, they should promptly approve the arrest in accordance with the law; if the suspect is found to be missed, they should urge the public security organs to additional arrests in accordance with the law and make a decision to approve the arrest. We must comprehensively consider and evaluate the status, role, profitability, participation time, and subjective knowledge of each defendant in the crime, and accurately distinguish the main and accomplices in accordance with the law. When making sentencing recommendations, the primary members of the criminal group should fully reflect the serious punishment in accordance with the law.
(II) In combination with case handling, procuratorial suggestions are issued, and coordinated rectification and standardization of the collectible cultural market. uses "call and painting collection" and "art collection" to target the elderly, which is highly confusing to the elderly. It not only disrupts the order of the cultural market, but also defrauds many elderly people of pension money. It has great social harm and affects the people's sense of security. The cultural market is an important aspect of social governance. The procuratorate should pay attention to the role of procuratorial recommendations, and combine case handling to promote relevant departments to carry out special rectification and standardization work in the industry to effectively prevent the occurrence of similar cases. At the same time, in combination with case handling and rectification norms, targeted warning education for practitioners to prevent crimes is carried out, and through the interpretation of the law through cases, relevant market entities can be educated and guided to operate legally and honestly.
