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Why can't I get back the money illegally raised

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Why can't I get back the money illegally raised


        

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  • 2024-06-13 09:00:49

    Those with assets will be refunded. The local people's government shall organize relevant member units to establish a special group (or working group).
    Organize the suppression of illegal fund-raising activities and the release of announcements according to the actual situation of the case. Register the identity of the people raising funds and the amount of funds raised one by one, and master the total number of people raising funds, the total amount of funds raised, the amount that has been returned and the amount that has not been returned.
    The project team cleared the creditor's rights of the enterprises (individuals) involved, preserved the assets, and realized the assets involved through public auction for the return of funds raised.
    According to the remaining funds after liquidation, the special project team formulates a unified refund policy, refund principle, refund scheme and refund proportion according to the proportion of the funds raised by the fund-raising participants, and ends the case handling work in the form of a disposal report.
    Four characteristics of illegal fund-raising:
    1. Fund raising without legal approval of relevant departments, including those without approval authority; The department with approval authority approves the fund raising beyond its authority, that is, the fund raiser does not have the main qualification for fund raising.
    2. Commit to repay the capital and interest to the contributor within a certain period of time. The principal and interest repayment is mainly in the form of currency, but also in the form of physical objects and other forms.
    3. Raise funds from unspecified objects in the society. Here, "unspecified objects" refer to the public, not specific minorities.
    4. Cover up the essence of illegal fund-raising in a legal form. In order to cover up their illegal purpose, criminals often sign contracts with investors (victims), pretending to be normal production and operation activities, to maximize their ultimate purpose of defrauding funds.
    Legal basis: In Article 192 of the Criminal Law of the People's Republic of China, anyone who uses fraud to illegally raise funds for the purpose of illegal possession, if the amount is relatively large, shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; If the amount is huge or if there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than seven years or life imprisonment and shall also be fined or sentenced to confiscation of property.
    Where a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the persons who are directly in charge and the other persons who are directly responsible for the crime shall be punished in accordance with the provisions of the preceding paragraph.

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