[Frozen Spark] Police Refers to Fraud and Theft Investigation Barrister: It depends on the company's knowledge

Burst

Written by: Lu Jiayu

2019-12-20 21:20

Police arrested three men and one woman in the Spark Alliance for alleged money laundering and freezing of 70 million yuan. Four have been released on bail. The police filmed the case again on Facebook, stating that the shell company involved in the case had no substantial business and no taxes, but the company account had a large amount of cash inflow and unknown origin, which was in line with the characteristics of money laundering. It also stated that it was not possible to exclude someone or use crowdfunding as a shield. Conceal money laundering. Police also pointed out that someone used the company account money to buy a personal investment insurance plan for themselves. The police will investigate the direction of fraud and theft.

The police uploaded a short video on the Facebook page in the evening, in which the superintendent Chen Weiji, acting superintendent of the Wealth Investigation Unit of the Narcotics Bureau, said that black money is money obtained from crimes. For example, drug dealers repeatedly repeat money transfers and "bleach" the money. It is unknowable that the original origin of money was derived from the law, and the process was money laundering. Chen Weiji pointed out that anyone who knows or reasonably believes that property is the proceeds of a serious crime and still handles it will be guilty of money laundering. Chen Weiji pointed out that the characteristics of money laundering include a large amount of money transactions, unusually large transactions, large amounts of money scattered and deposited into different accounts, or money being transferred away shortly after staying in the account.

Does not rule out someone using crowdfunding as a shield to cover money laundering

Chen Weiji also talked about the arrest of four people in the "Star Alliance". Chen pointed out that the bank account involved in the case was held by a shell company and had no substantial business and no taxes. The police found that the company account had a large amount of cash inflow and unknown origin. Black money characteristics are very suspicious. Chen Weiji also pointed out that crowdfunding does not necessarily mean money laundering, but it cannot be ruled out that someone or using crowdfunding as a shield to cover money laundering activities, on the surface is meant to help vulnerable groups, but in essence use the money collected from crimes to launder and profit from it.

Will investigate from fraud and theft

Chen Weiji also pointed out that “guardian theft” is also a common commercial crime. Company assets should belong to the company and be clearly distinguished from individuals. Chen pointed out that in the case yesterday, someone used the company account money to buy a personal investment insurance plan for himself. The police will investigate in the direction of fraud and theft. . Chen also said that if anyone pays to fund criminal activities, they have the opportunity to commit conspiracy or induce others to commit crimes.

Barrister: Need to investigate whether company knows and agrees

Barrister Lu Weixiong pointed out that whether the purchase of personal investment products using company money involves fraud or theft needs to be investigated to see if the company knows and agrees. For example, if the company ’s money is not used for personal use, it is a theft; For example, some people cheated the company that they would take company money to invest, but then use the money for private profit, which is a fraud. However, Lu Weixiong pointed out that if the purchase of personal investment products is the company's acquiescence or consent, it cannot be regarded as fraud or theft.

Police yesterday arrested four people in the Spark Alliance for money laundering. (Profile picture)

Acting Senior Superintendent Chen Weiji of the Wealth Investigation Unit of the Narcotics Bureau made a film explaining money laundering. (Police Facebook picture)

Spark Alliance Money Laundering