At the bottom of the "love late" tens of billions of pension scams

Prosecutor's on -site checking Cao Mouming's fund -raising fraud case involved in the case of property

Prosecutors introduced to the masses how to identify illegal fund -raising

Prosecutors communicate with investigators

Prosecutors distribute to the elderly group to prevent illegal fund -raising brochures

Wang Zhenxing (pseudonym) was very excited since entering the visit of the procuratorate. The 70 -year -old man had taken out the contract with the investment "Aifu Family" project signed by the "Love Evening Department" company in the bag. Refers to the contents of the prosecutor, and kept thinking in my mouth: "This is my life savings, you must help me chase the money back!"

In the summer of 2018, Weng Liangyong, the prosecutor of the Fourth Procuratorate of the Nanjing Procuratorate of Nanjing City, Jiangsu Province, received many old people who were deceived by Wang Zhenxing for investing in the "Aifu" project. From December 2012 to April 2018, Cao Mouming took the "Aifu Family" project as a bait, and illegally absorbed more than 13.2 billion yuan in public funds, which eventually caused more than 55,000 fund -raising participants a total of more than 4.6 billion yuan. drift. After the procuratorial organs filed a public prosecution, the court sentenced Cao to a life imprisonment for fund -raising fraud and confiscated all personal property. In June of this year, the Supreme People's Procuratorate issued a typical case of cracking down on the crime of pension fraud, which was one of them.

Temptation: higher income, more decent old life life

One day in June 2015, Wang Zhenxing and his wife went to the market to buy vegetables as usual. The salespersons who were introducing the "Aifu Family" project to introduce the "Aifu Family" project to meet them with them. "'Aifu Family' mainly provides home care services and invests in artwork. You invest in money here. The monthly income is definitely higher than the bank's deposit interest, and it is safer than the stock market. In the future, you can give priority to our pension community ... … "Wang Zhenxing and his wife considered that they would invest tens of thousands of yuan and hesitated.

In the following three months, the salespersons of the "Aifu" project often invited Wang Zhenxing's old couple to Nanjing's customer service center to show them the broad prospects of the "Aifu Family" project. In order to dispel the concerns of the elderly, salespersons often drive the elderly to visit the Nanjing Mancheng Fang Fang Pension Community invested by the "Aifu Family" project. "Surrounded by small bridges, willows, and unique house design, the elderly in the leisure area can also play chess." Wang Zhenxing clearly remembered the appearance of Manchengfang's pension community. The salesperson told them that there are also helicopters for the pension community to provide emergency medical assistance. In order to allow the elderly to invest with confidence, the salesperson further stated that the "Aifu" project has a layout in more than a dozen cities across the country. Hangzhou surpassing industrial companies also guarantees the project, but the salesperson does not tell the elderly that the actual controller of this company is the actual controller of this company is the actual controller of this company is Cao Mouming.

Wang Zhenxing paid the first money with 200,000 yuan in cash. In the future, watching the income every month, Wang Zhenxing invested three more money. Until the incident, he invested a total of 530,000 yuan.

Wang Lihua (pseudonym), born in 1955, often saw the elderly gathered in the customer service center of the "Aifu" project to play mahjong and drink tea and chat. After spending 5 yuan to become a member of the customer service center, you can also buy discounted eggs and edible oil. Wang Lihua, who was boring at home, began to come to the customer service center for pastime. As the salesperson in the store became more, she also began to invest in the "Aifu Home" project. She thought that even if she couldn't live in the pension community in the future, she could deposit more pension money. At the time of the incident, most of Wang Lihua's investment in the 480,000 yuan principal did not take it back.

The old people who invested hardly thought they would be deceived. In the introduction of the salesperson, Cao Mouming is a "filial son" and has a persistent belief in the development of the pension industry -not only can solve the burden of the pension of each family, but also allows the elderly to live more dignity. Looking at the monthly income, the old people firmly believe that the "Aifu Family" project has a bright prospect, which will allow them to have a decent life when they are old, and leave more assets for their children.

According to the public verdict, from December 2012 to April 2018, Cao Mouming established and actually controlled Nanjing Huayue Health Consulting Co., Ltd., Jiangsu Aiwang Investment Co., Ltd., Fuwang Investment Holdings (Shanghai) Co., Ltd. Investment Management (Beijing) Co., Ltd., Jiangsu Fu'ai Culture Development Co., Ltd., etc. (uniformly referred to as the "Love Late" company). In the meantime, Cao Mouming used the "Aifu Home" project to provide high returns with high annualized yields from 8%to 36%as a bait to sign contracts such as "home service contracts" and "art transaction contracts" to provide home care for home care On the grounds of service, art investment, etc., the employment and arrangement of Bi Mou, Yue, Yu, etc. (all handled separately) set up many related companies in 18 provinces and cities including Jiangsu, Zhejiang, Shandong, Anhui, Tianjin, etc. Exfoliating leaflets and word -of -mouth, illegal fundraising to the society illegally. As of the incident, Cao Mouming had absorbed more than 13.2 billion yuan in public funds, which eventually caused more than 55,000 fund -raising participants with a total of more than 4.6 billion yuan.

Crash: The capital chain is broken, and fled abroad becomes a "Red Tong"

The old man who was cheated did not understand why the old -age care project seemed to be so promising is a fund -raising fraud? Do they want to know if they invest in the money they invest?

After the case, the Nanjing public security organs quickly launched the arrest of Cao Mouming and others. Nanjing procuratorial organs were invited to involve in advance to conduct investigation and evidence collection work, and formed a two -level case handling team in the city and district (Jianye District). Because Cao Mouming and his ex -wife Xu Mouling fled abroad, on May 15, 2018, the public security organs pursued it online. On June 3, the procuratorial organs approved the arrest of the two. On June 12 of the same year, the Interpol Organization issued a red wanted order to Cao Mouming and Xu Mouling. Three months later, Cao Mouming and Xu Mouling were escorted back to China. In the meantime, other suspected criminals were arrested one after another. A number of financial staff of the "Love Evening Department" company confirmed that although Cao Mouming was established or actually controlled multiple companies and opened multiple investment sections, most of them did not operate in actual operation, even if they operated without profit. Except for the money invested by the elderly, the "love late" company has no other source of income. Nanjing Manchengfang and Hangzhou Manchengfang Pension Community do not have relevant qualifications for nursing homes, nor related medical staff and medical equipment, which cannot meet the long -term elderly care needs for the elderly. Where did the old man invest in tens of billions of yuan?

"A considerable part of the funds were dominated by Cao Mouming's personal and spent." Hu Ying, director of the Fourth Procuratorate of the Procuratorate of Jianye District, told reporters that the "Love Evening Department" company's fund supervision department explained from 2013 to 2017, from 2013 to 2017, Cao Mouming successively withdrew 27 million yuan from the company. Chen Mouming's driver Chen confessed that he helped Cao Mouming withdrawn 5 million yuan from the company for car purchase, but Cao Mouming took a car purchase invoice to financial reimbursement. Cao Mouming and his family live a luxurious life. He often goes in and out of Nanjing High -end Club. There are 4 valuable cars in the family. Two Patek Philippe watches alone are as high as 1.1 million yuan.

Hu Ying said that in order to create the illusion of "normal operations" and continuously attract new investors, Cao Mouming will take out part of the money paid by the new investor to pay the earnings of early investors. In the early stage of investors, they will continue to invest in the sweetness, and even pull relatives and friends to join together. Cao Mouming also gave the company's executives and good performance staff with high material rewards and encouraged them to develop more new investors. "Love Evening" company's financial and tax consultant Song confessed: "People at the president level of each company can get a maximum of more than 200,000 yuan a month. Reward the car with a salesman with good sales performance. "

In April 2018, after aware of the broken capital chain, Cao Mouming and his wife Xu Mouling discussed divorce. Before fled abroad, Cao Mouming sold it with Xu Mouling's name and vehicle at a significantly lower market price price. middle. At the same time, Cao Mouming also arranged for others to hide the calligraphy, paintings, crafts, etc. purchased by illegal fund -raising funds.

The Nanjing Procuratorate reviewed that Cao Mouming used illegal possession and used fraud methods to illegally raise funds. The amount was particularly huge. On November 26, 2019, the Nanjing Intermediate Court made a first -instance judgment on Cao Mouming, sentenced to Cao Mouming's life imprisonment, deprived of political rights for life, and confiscated all personal property. Cao Mouming refused to accept and appealed. In June 2020, the Jiangsu Higher Court made a second trial ruling on the case, rejected the appeal, and maintained the original sentence.

Qualification: The reason for the appeal is not established, this is a fund -raising fraud

After Cao Mouming arrived, he always insisted that he constituted the crime of illegally absorbing public deposits, rather than the crime of fund -raising fraud. You know, the former's maximum penalty is more than ten years in prison, and the latter can be sentenced to life imprisonment. This is also an important reason for Cao Muming's appeal. What is the difference between the two crimes?

"The key depends on whether it is for the purpose of illegal possession. According to the" Supreme People's Court's Interpretation of Several Issues of Specific Applied Laws on Trial of Illegal Funding Criminal Cases ", illegal fund -raising is used to use fraud methods. The scale of activities and raising funds is obviously not proportional, so that the fundraising funds cannot be returned, and it can be identified as the purpose of illegal possession. "Weng Liangyong said that Cao Mouming concealed the main use of fundraising funds, and the fundraising funds were rarely used for investment and operation or publicity investment. The project, its behavior is in line with the crime of fund -raising fraud. Before the incident, Cao Mouming disposed of and hidden assets to escape. After returning, he refused to explain the assets and caused a huge economic loss to the fundraising participation. It is also necessary to punish it according to law.

While cracking down on pension fraud, it is also the top priority of the work of the elderly to reduce the loss of property for the elderly.

The reporter learned that during the handling of the case, the procuratorial organs guided the public security organs to sort out the flow of funds in the account of Cao Mouming's husband and wife in time, dig deep into the situation of hidden property, and seal, seize, and freeze assets in time. "The four real estate under the name of the" Love Evening Department "was seized, and Cao Mouming's calligraphy and paintings purchased by illegal fund -raising funds were detained. Frozen. The property involved in the case is equivalent to more than 720 million yuan. "Weng Liangyong said.

"In the procuratorial process, we insist on lenient and strict criminal policy, actively apply the system and other systems of confession and punishment, prompting the suspects of all criminals to take the initiative to retreat." And art. The funds that are seized, seized, and frozen will be returned to the fundraising participants in proportion. "In order to pursue the losses to the greatest extent, the procuratorial organs also conducted simultaneously reviewing the clues of money laundering crimes with the public security organs." Hu Ying told reporters that the procuratorial organs found that Xu Mouling used his personal account to help Cao transferred 19.9 million yuan to the stolen money. In the abroad, Jin Mouhai, a financial consultant of the "Love Evening Department" company, helped Cao Mouming control the company's stolen money by 34 million yuan and profit of 250,000 yuan. Jianye District Procuratorate filed a public prosecution against Xu Mouling and Jin Mouhai for suspected money laundering, and both were held criminally responsible.

A noteworthy issue is that in addition to fake investment -funded funds such as Cao Mouming, other forms of pension fraud have been increasing in recent years. Some scams are even poor, but many people are still fooled. "Scammers actually seize the psychology of the elderly. For example, the elderly pay more attention to maintenance after the physical function of the elderly, and the scammers recommend false medicines to cure all diseases; If you want to increase wealth, scammers will use the banner of new policies to use pension apartments and investment art to fraud the money of the elderly. "Li Zongsheng, a representative of the National People's Congress and the founding partner of Liaoning Anxing Law Firm, has been paying attention to pension fraud in recent years. In his opinion, children are not around, and the elderly live lonely in their later years, and they are also easy to make scammers take advantage of them.

How can we effectively crack down on the crime of pension fraud and protect the "money bag" of the elderly? In April of this year, led by the Ping An China Construction Coordination Team, it established a national special action office of combating the special action of pension fraud. It has launched a six -year -old special operation of pension fraud in the country. The current results are gradually emerging.

"In the special activities, the participating units can sort out and summarize in the handling of the case to figure out which link is wrong, and to trace the source of the source to completely eliminate hidden dangers." Li Zongsheng said.

In addition, Li Zongsheng believes that cracking down on pension fraud must put the prevention first. The main activity scope of the elderly is in the community, which can give full play to the role of community governance and invite prosecutors, judges, lawyers, etc. to conduct lectures on anti -fraud activities. In addition, you must start with the family. Young people give more care for the elderly and communicate more with the elderly. "Only by combining severe crackdown and early prevention can we effectively crack down on rectifying pension fraud, help the elderly to protect the 'money bag', and strengthen their sense of happiness and security." Li Zongsheng said.

(Source: Procuratorate Author: Cui Xiaoli)

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