Research white paper on crimes committed by employees of financial institutions: the total number of cases in 2021 decreased compared with 2020

2022-01-25

At the "Southern Financial Law Summit Forum 2022" held recently, the white paper on the crime of employees of Chinese financial institutions (2021) (hereinafter referred to as the "white paper") jointly prepared by China judicial big data research institute and 21st century economic report, Beijing Jingshi law firm financial crime research center and Southern Financial Law Research Institute was officially released. Relying on the judgment documents that have been published on the China judgment document network, the white paper makes an in-depth analysis and excavation of criminal cases committed by employees of financial institutions from January 1, 2021 to December 31, 2021. The report points out that the total number of cases nationwide in 2021 is lower than that in 2020, which generally shows the characteristics of more concentrated crimes and institutions involving employees of financial institutions. According to the data, in 2021, people's courts at all levels nationwide concluded 424 criminal cases involving employees of financial institutions, a year-on-year decrease of 20.00% compared with 2020. On the whole, joint crimes account for a high proportion in the judgment of crimes committed by employees of financial institutions, but in addition to the traditional crimes of illegal absorption of public deposits and fund-raising fraud, it also involves insurance fraud, infringement of citizens' personal information and so on. It is worth noting that the proportion of employees of financial institutions involved in the crime of illegally absorbing public deposits and fraud is relatively high. Among the criminal cases of employees of financial institutions concluded by the national courts in 2021, the crime of illegally absorbing public deposits accounted for the highest proportion, 123, accounting for 29.01%. The other top crimes mainly include: fraud, illegal loan issuance, job embezzlement, bribery, misappropriation of funds, insurance fraud and fund-raising fraud. The white paper also shows that the participation of employees of financial institutions in illegal fund-raising crimes presents the following new characteristics: first, they conduct illegal fund-raising in the name of private equity funds. Although some private equity funds have been registered, they promise the principal and interest income directly or in disguise when issuing products, which essentially breaks through the boundary of private equity funds and absorbs funds from unspecified public in disguise; Some private equity funds invented projects to lure investors to invest and defraud public funds. Second, the phenomenon of "flying orders" black industry of staff in financial institutions has not been eliminated. Employees of financial institutions such as banks and insurance companies collude with fund-raising companies to publicize and sell the so-called "financial products" of fund-raising companies in the name of banks and insurance companies, so as to absorb or defraud public funds from time to time. The white paper points out that there are three main reasons for the crimes committed by employees of financial institutions: first, there are defects in the internal management of financial institutions; Second, the persistent disease of "hidden rules" in the financial field is difficult to turn; Third, the lack of legal awareness training for employees of financial institutions. The white paper suggests that we should still effectively strengthen the legislative work in the financial field and improve the top-level design of financial rule of law; Strengthen linkage law enforcement and form a joint force to crack down on crimes committed by employees of financial institutions; Strengthen the external supervision and internal control management of financial institutions and improve the quality of employees; Strengthen the use of scientific and technological means to improve the preventive effect in advance. (outlook new era)

Edit:Ming Wu    Responsible editor:Haoxuan Qi

Source:jjckb.cn

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