Case handling process:我们的维权律师团队在12month11日接到杨女士的案件第一时间上报了我司律师事务所,承办律师让杨女士下载所有的交易记录,导出所有的出入金记录,做好证据保留。
1Interview with the platform through our lawyer.
2Inform them of their illegal nature, present cash flow records, chat records with the teacher, and other evidence.
3Raise a lawsuit warning and demand that the platform return the victim's loss funds in accordance with the law.
4Send a lawyer's letter stating that if not returned, the platform and personnel involved will be formally prosecuted.
5、对方同意我方提出的协商解决,归还杨女士亏损资金。
6、双方签订和解书,将亏损资金打入杨女士私人账号。
Case Result:该案为很明显的股转汇骗局,我们查到杨女士投资入金的钱并没有liu入到银行监管而是由第三方商户接收,钱并非流入到国际市场里面,而是在平台内部流动。在律师的工作下通过多方途径与其平台协商,该公司收到我们提交的材料后,与杨女士取得联系,同时表达了和解意愿。案件从5month11Starting from the day of acceptance,5month17日与平台协商赔款成功,追回资金368410元由安信金控两次退赔给杨女士,5month19日赔款全款到账。
▋国家法律规定,望知晓:
◆ Article 122 of the Securities Law stipulates: "Without the approval of the securities regulatory authority under the State Council, no unit or individual may operate securities business."
Article 15 of the Regulations on the Administration of Futures Trading stipulates: "Without the approval of the State Council's futures regulatory agency, no unit or individual shall establish or indirectly establish a futures company to operate futures business
◆ Notice of the State Council on Cracking Down on Illegal Issuance of Stocks and Illegal Operation of Securities BusinessbanFa [2006〕99Article 3 stipulates: "Unauthorized public issuance of stocks is strictly prohibited. After issuing stocks to unspecified objects or to specific objects, the cumulative number of shareholders exceeds200For the purpose of public issuance, it shall be reported to and approved by the China Securities Regulatory Commission in accordance with the law. Unauthorized issuance of stocks constitutes illegal issuance
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Laws in the Trial of Criminal Cases of Illegal Fundraising2010〕18Article 2 stipulates that: Those who commit one of the following acts and meet the conditions specified in Article 1, Paragraph 1 of this interpretation shall be convicted and punished for the crime of illegally absorbing public deposits in accordance with Article 176 of the Criminal Law: those who do not have the true content of issuing stocks or bonds, illegally absorb funds through false transfer of equity, issuance of fictitious bonds, etc.; those who do not have the true content of raising funds, illegally borrow overseas funds, issue fictitious funds, etc Absorbing funds; Illegally absorbing funds through investment and shareholding; Illegal absorption of funds through entrusted financial management
Notice on Issues Related to the Rectification of Illegal Securities Activities by the Supreme People's Court, Supreme People's Procuratorate, Ministry of Public Security, and China Securities Regulatory Commission (CSRC)2008〕1Article 2 stipulates: "Regarding the relief channels for victims of illegal securities activities. If the illegal securities activities constitute a crime, the victim shall seek compensation through the criminal recovery procedures of the public security and judicial organs. If the illegal securities activities are only a general illegal act and do not constitute a crime, and the parties meet the prosecution conditions stipulated in the Civil Procedure Law, they can request compensation through the civil procedure
Article 18 of the Measures for the Suppression of Illegal Financial Institutions and Illegal Financial Business Activities stipulates: "The losses incurred due to participation in illegal financial business activities shall be borne by the participants themselves