There are also companies that provide customized technical services. Shanghai Prosecutors Analyze Current Financial Crimes: Accurately "Propaganda" for the Elderly. Shanghai People's Procuratorate | Yesterday | Company
Yesterday, the Shanghai People's Procuratorate released the "2022 Shanghai Financial Prosecutors White Paper". In 2022, both financial crime cases and the number of people involved in this city have slightly decreased. At the same time, the case presents some new characteristics, such as the high incidence of illegal financial business operations, the continuous advancement of criminal techniques, the comprehensive and specialized methods of illegal fundraising and fundraising, the increasing diversity of charges in the private equity fund field, and the formation of a systematic mode of evading supervision and investigation for securities crimes.
The difficulty of recovering losses in illegal fundraising cases has increased
In 2022, the procuratorial organs in the city received a total of 418 cases of financial crime review and arrest, 631 people, and 1218 cases of review and prosecution, 2064 people. The cases mainly involved 19 charges in three categories, including 888 cases of disrupting financial management order and 1336 people, 141 cases of financial fraud and 291 people, and 189 cases of disrupting market order and 437 people. The number of cases reviewed and prosecuted decreased by 12.69% and 10.42%, respectively.
From the perspective of charges, illegal absorption of public deposits, illegal operation of financial business, and fundraising fraud have ranked among the top three cases for three consecutive years. Some charges have shown a significant downward trend year by year. Since 2020, credit card fraud cases have experienced a decline of 50% for two consecutive years; The decrease in cases of loan fraud, bill acceptance, and financial certificates reached 75%. Some charges are showing a clear upward trend. Money laundering cases continue to rise, with the crime of manipulating securities and futures markets entering the top ten in terms of case volume for the first time.
The white paper points out that in 2022, illegal fundraising cases continued the downward trend of the previous two years, but the decline narrowed and stabilized, and the number of cases still accounted for a large proportion of financial crime cases. Criminals illegally raise funds by building cross financial platforms, and their fundraising methods exhibit both "comprehensive" and "specialized" characteristics.
For example, in a case of illegal absorption of public deposits, the defendant established and registered a private investment fund manager, and invested in purchasing four companies to build a financial platform across private equity, commercial factoring, financing leasing and other fields, creating the illusion of strong company strength, and using this as a pretext to absorb funds from the public.
In addition, there are many illegal fundraising groups that closely follow the hot issues of social and economic development and financial innovation to package and promote, including equity transfer, debt transfer, income right transfer, and physical transfer of minerals, precious metals, artworks, as well as virtual currencies, mining machines, new energy products, etc., covering the concerns of different groups in society. At the same time, targeted targeted health and elderly care promotion will be carried out for specific groups such as the elderly.
The black and gray industrial chain of financial crimes presents new characteristics
In addition to the handling of cases, the white paper also analyzes some regulatory gaps and insufficient legal supply in the current financial field.
In 2022, the Municipal Procuratorate sorted out nearly 200 illegal and criminal cases related to credit business handled in the past five years, and found that more than 30% of the cases involved loan assistance institutions or personnel participating or even playing a major role. The case reflects that the industry entry threshold for the loan assistance business is low and it is easy to breed a black and gray industry. Some black and gray loan assistance institutions have formed a "professional" and "corporate" operation mode, and are good at using various methods to "package" low qualification borrowers. Some merchants and loan assistance institutions have formed interest binding relationships; There are problems in the regulation of loan assistance business, such as incomplete regulatory system, loan assistance institutions being detached from supervision, unclear regulatory responsibilities, difficulty in implementing regulatory effectiveness, and a lack of effective accountability mechanisms; The efficiency of risk control and departmental collaborative comprehensive governance of banking and financial institutions also needs to be improved and perfected.
For example, illegal information technology providers are frequently involved in illegal business crimes, and some companies even provide customized services for illegal technology software according to the needs of different illegal business criminal groups. The software also has different functions such as docking with overseas futures trading trends, dividing warehouses, and attaching sub accounts, making similar crimes quickly replicate and spread.
The Municipal Procuratorate believes that in recent years, the black and gray industrial chain of financial crimes has been continuously developing, presenting characteristics of industrialization and chain, providing precise customized services for specific areas of crime, quickly replicating crime models, expanding the victim group of crime, improving the speed and scope of crime dissemination, not only seriously disrupting financial management order, but also causing huge losses to financial institutions and investors.
In addition, illegal elements continue to hype and attract traffic through online platforms, and the governance of illegal financial advertising still needs to be promoted. In judicial practice, it is common for institutions and platforms that have not obtained financial business qualifications to publish financial advertisements, becoming a high-risk area for illegal financial advertising. Illegal financial advertisements have the characteristics of fast propagation and wide influence. They are not only distributed on various websites, APP and other Internet platforms, but also on microblog, QQ, WeChat, post bar, forum and other self media communication platforms. This reflects that current self media operators sometimes neglect to review the legality and authenticity of content during the process of publishing and fan traffic, and inadvertently act as accomplices to crimes, or take chances to evade their due review obligations, leading to violations of the law.