Six Major Characteristics of Financial Prosecutorial Cases - The Beijing Procuratorate Releases the "White Paper on Financial Prosecutions by Beijing Procuratorial Organs (2021-2023)

2023-11-21

Finance is the lifeblood of the national economy and an important component of a country's core competitiveness. On November 3rd, the Beijing Municipal Procuratorate held a press conference on financial procuratorial work, releasing the "White Paper on Financial Procuratorial Work by Beijing Procuratorial Organs (2021-2023)" and typical cases of Beijing procuratorial organs assisting in preventing and resolving financial risks. The main characteristics of financial prosecution cases: From 2021 to October 2023, the Beijing procuratorial organs handled 7089 cases of financial crime review, arrest, and prosecution of 14445 people, accounting for a decrease in the proportion of all criminal cases from 13.6% in 2021 to 6.9% in 2023. The main characteristics of the case are as follows: the criminal methods of illegal fundraising have been iteratively upgraded, still accounting for a large proportion. Illegal fundraising crimes account for 87% of the total number of financial crimes. The crime of illegal fundraising presents characteristics such as a combination of online and offline activities, and innovative methods. The amount involved is large, the scope of the case is wide, and it seriously infringes on the property rights and interests of the people, disrupting economic and social order. In addition to traditional gimmicks such as investing in real estate and corporate equity, criminals also use market hotspots such as private equity, technological innovation, blockchain, and film and television investment to implement "precise harvesting" targeting social groups. In some cases, criminals use the gimmicks of "using housing for elderly care" and "surrendering insurance for financial management" to commit illegal fundraising crimes, which significantly increases their deceptive and deceptive nature. Fraud crimes are common in the field of credit insurance. The crime of loan fraud has spread to new financial formats. In addition to defrauding traditional financial institutions such as banks, criminals have started to obtain loans from non bank financial institutions such as automobile finance companies. Insurance fraud crimes are relatively concentrated in the field of automobile insurance. Insurance fraud gangs and automobile maintenance professionals collude in advance, commit crimes across regions, and intentionally fabricate traffic accidents to defraud insurance funds. There have been significant changes in the types of credit card fraud crimes, with a significant decrease in the number of malicious overdraft cases, and theft of credit cards from others becoming the main criminal means. Securities crimes are concentrated in insider trading crimes, with a significant increase in information disclosure crimes. The city's procuratorial organs handled 39 securities crime cases with 69 people, of which insider trading crimes accounted for 92.3%. This type of crime has the characteristics of frequent cases in the field of mergers and acquisitions, theft by internal personnel of the company, and prominent information transmission insider trading. Some insider information is transmitted in multiple layers, levels, and directions, and the interests of the involved personnel are intertwined and the relationships are complex. Since 2022, the number of information disclosure criminal cases handled by the procuratorial organs in the city has increased significantly. The subject of information disclosure obligations has used methods such as tampering with original vouchers, abusing accounting rules, etc. to whitewash financial data, or concealing company debts, related party transactions, etc. during the information disclosure process, misleading investors' decisions. The crime of illegal transfer of funds and illegal production poses great harm. The relevant crimes handled by the city's procuratorial organs involve crimes of obstructing credit card management, concealing or concealing the proceeds of the crime, money laundering, illegal business operations, and other charges. In some cases, criminals organize "running points" gangs to illegally handle and purchase bank cards, helping upstream criminals transfer stolen funds; In some cases, the perpetrator illegally engaged in "underground banking" activities such as cross-border remittances and payment settlements without the approval of the national regulatory authorities.

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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