uses the fictitious "house-based elderly care" project to lure the elderly to apply for house mortgage, and then maliciously use notarization, litigation and other means to illegally occupy the elderly's real estate; uses helping the elderly to auction their collectibles at high prices as bait, and tricks the elderly into entrusting them to auction on their behalf, defrauding "auction fees" and "processing fees"... These new types of illegal crimes that use the elderly as the target of infringement continue to appear, seriously infringing on the legitimate rights and interests of the elderly and damaging the physical and mental health of the elderly.
On the morning of August 23, 2022, the Second Intermediate People's Court of Beijing held a press conference on "Trial of Cases involving Pension Fraud", introducing the main types and characteristics of the elderly pension fraud cases tried by the court, analyzing the causes of high incidence of cases and putting forward relevant anti-fraud suggestions.
Guan Xiaoli, spokesperson of Beijing Second Intermediate People's Court, member of the Party Leadership Group, and director of the Political Department of the People's Court, hosted a press conference
It is understood that from 2019 to the present, the Beijing Second Intermediate People's Court has heard a total of 21 cases involving pension fraud, involving a large number of victims, and the charges are concentrated in fraud and fundraising fraud. The fraud methods of criminals mainly include 5 types: "old care services" fraud, "health care products" fraud, "collection products" fraud, "investment and financial management" fraud, and "impersonating a state staff" fraud. In a collectibles fraud case heard by the Beijing Second Intermediate People's Court, the defendant Ai recruited Yan and others as televised operators, called the victim through the purchased citizen's personal information, pretended to be a staff member of a collection company, and lied that he could recycle the victim's collections at a high price. After obtaining the victim's trust, he successively defrauded many elderly people of more than 7 million yuan on the grounds that he needed to pay for recycling certificates and intangible cultural heritage certificates.
The variety of fraud types reflects that in recent years, the crimes of pension fraud cases have shown a trend of professionalization and ganging. Fraudsters form criminal groups to form black industrial chains, with clear division of labor in each link, and process-based fraud. In most cases, the defendants either use illegally obtained citizens' personal information to commit telecommunications fraud , or use the elderly as the target to commit fraud, and use advertisements and offline activities to close to the elderly to commit fraud. The characteristics of strangers commit crimes are obvious. In some cases, criminals accurately target the psychological needs of the elderly to pay attention to health, care for the elderly, and seek social identity. They take advantage of the elderly's desire to be cared for and have a strong sense of compassion, play the "emotional card" and approach the elderly, or endorse the "national policy", which greatly increases the difficulty of identifying fraud by the elderly.
Dong Jianzhong, member of the Party Leadership Group and Vice President of Beijing Second Intermediate People's Court, reported on the trial of cases involving pension fraud
Dong Jianzhong, member of the Party Leadership Group and vice president of Beijing Second Intermediate People's Court, introduced that since the national special campaign to combat and rectify pension fraud, the Beijing Second Intermediate People's Court has focused its crackdown on the crime of pension fraud that the people hate deeply, strengthened organizational leadership, established a special campaign to combat pension fraud, formulate a work plan, and mobilized backbone forces to participate in the work. Firmly establish the awareness of "iron case" in handling cases, strictly control the facts, evidence, procedures and legal application, and strictly judge in accordance with the law. We will effectively play the functional positioning of the intermediate court to "accurately determine disputes and stop disputes", and upgrade the jurisdiction of a typical pension fraud case in the name of selling collectibles in accordance with the law, and use a seven-person collegial panel composed of three judges and four people's jurors to conduct the trial. The work of recovering stolen assets and redeeming losses is the top priority of the special action to combat and rectify pension fraud, strengthen the review and identification of property evidence involved in the case, make full use of legal means such as property punishment, recovery, confiscation, and return to enhance the effectiveness of recovering stolen assets and redeem losses, and safeguard the legitimate rights and interests of the victims. Strengthen publicity and mobilization, organize judges to go deep into the community to carry out legal publicity for elderly care fraud, place anti-fraud publicity boards and posters, and expand the anti-fraud publicity situation; anti-fraud publicity articles written by many judges were published in media such as " Law Daily " and " People's Court Daily " to improve the ability of the elderly to recognize fraud and prevent fraud.
Director Chen Shengtao, President of the Criminal Division of Beijing No. 2 Intermediate People's Court, introduced typical cases
At the press conference, Chen Shengtao, President of the Criminal Trial Division of Beijing No. 2 Intermediate People's Court, Judge Chang Yan and Judge Assistant He Zhen, respectively, published five typical cases, including the crime of fraud in the name of "oldership services", the crime of fraud in the elderly with the use of health products, and the crime of fraud in the elderly as state staff.
scan the code to view typical cases
Beijing Second Intermediate People's Court issued a related reminder:
suggests that the elderly continue to improve their ability to recognize and prevent fraud. learn more about typical cases of elderly care fraud crimes through newspapers, TV, mobile phones and other channels, enhance their sensitivity to various "routines" of fraud, and improve their ability to identify fraud tricks. When you are unable to get the authenticity of some information, you should seek help from relatives and friends, community workers, and public security organs in a timely manner. When facing high-interest return investment projects, look at investment risks rationally. When receiving unfamiliar calls and text messages, do not disclose personal information such as bank accounts, and do not transfer money to unfamiliar accounts.
suggests that families and society strengthen care for the elderly. children should not only fulfill their material obligation to support the elderly, but also pay more attention to the spiritual world of the elderly, timely understand the consumption situation and life activities of the elderly, and meet the emotional needs of the elderly. Community and social organizations carry out more social and public welfare activities for the elderly, enrich the spiritual and cultural life of the elderly, and meet the psychological needs of the elderly for social identity, belonging and realizing self-worth.
feed: Beijing No. 2 Intermediate People's Court
text: Tu Hao
pictures: Wang Xingang
Edit: Ding Jie Yao Rihui
Ding Jie
