Prevent illegal fund-raising publicity materials
2018-06-07
1、What is illegal fundraising?
Illegal fund-raising is refers to the unit or individual is not in accordance with legal procedures approved by the relevant departments, to issue stock, bonds, lottery, investment funds, securities or other creditor's rights vouchers way to raise funds from the public, and promised within a certain period of time in monetary, physical, and other ways to sponsor servicing or reward behavior.
For the insurance industry, the main form of illegal fund raising is to raise funds from the public without the approval of the relevant departments according to law, in the form of insurance documents or insurance contracts, with high interest, physical objects and other bait.
2、What are the main features of illegal fund-raising?
（1）Funds raised without the approval of the relevant departments according to law, including funds raised without the approval of the departments with no power of approval, and funds raised with the approval of the problems beyond the power of approval. If impersonate insurance company name, undertake fund raising in the name of selling insurance.
（2）Promise to pay principal and interest to the investor within a certain period of time. The forms of debt service include in kind or other forms in addition to monetary forms.
（3）To raise funds from the general public. If the actor collects the so-called "premium" directly from the public through the personal account or other account under his control, instead of paying the premium to the insurance company account or depositing the premium in the policyholder's account, the bank shall deduct the premium according to the authorization.
（4）To conceal the nature of its illegal fund-raising in legal form.
3、What is the harm of illegal fundraising?
Illegal fund raising often uses high interest as bait to absorb or defraud the people of property acquired through hard work, which is an illegal and criminal act. Many illegal fund-raising criminals aim to defraud the people of property, ultimately unable to repay, which will lead to suffer serious economic losses for the people. At the same time, such illegal behaviors also seriously endanger the financial management order of our country and seriously affect social stability.
In the field of insurance, illegal fund raising is mainly manifested in the crime of fund raising fraud. Today, with the development of China's insurance industry, criminals use some people's weak awareness of legal risk and other conditions, through fake insurance name, false promises and other means, to carry out illegal fund-raising, seriously damage the vital interests of the people, affecting the healthy development of China's insurance industry.
Illegal fund-raising is refers to the unit or individual is not in accordance with legal procedures approved by the relevant departments, to issue stock, bonds, lottery, investment funds, securities or other creditor's rights vouchers way to raise funds from the public, and promised within a certain period of time in monetary, physical, and other ways to sponsor servicing or reward behavior.
For the insurance industry, the main form of illegal fund raising is to raise funds from the public without the approval of the relevant departments according to law, in the form of insurance documents or insurance contracts, with high interest, physical objects and other bait.
2、What are the main features of illegal fund-raising?
（1）Funds raised without the approval of the relevant departments according to law, including funds raised without the approval of the departments with no power of approval, and funds raised with the approval of the problems beyond the power of approval. If impersonate insurance company name, undertake fund raising in the name of selling insurance.
（2）Promise to pay principal and interest to the investor within a certain period of time. The forms of debt service include in kind or other forms in addition to monetary forms.
（3）To raise funds from the general public. If the actor collects the so-called "premium" directly from the public through the personal account or other account under his control, instead of paying the premium to the insurance company account or depositing the premium in the policyholder's account, the bank shall deduct the premium according to the authorization.
（4）To conceal the nature of its illegal fund-raising in legal form.
3、What is the harm of illegal fundraising?
Illegal fund raising often uses high interest as bait to absorb or defraud the people of property acquired through hard work, which is an illegal and criminal act. Many illegal fund-raising criminals aim to defraud the people of property, ultimately unable to repay, which will lead to suffer serious economic losses for the people. At the same time, such illegal behaviors also seriously endanger the financial management order of our country and seriously affect social stability.
In the field of insurance, illegal fund raising is mainly manifested in the crime of fund raising fraud. Today, with the development of China's insurance industry, criminals use some people's weak awareness of legal risk and other conditions, through fake insurance name, false promises and other means, to carry out illegal fund-raising, seriously damage the vital interests of the people, affecting the healthy development of China's insurance industry.
4、What is crime of fund-raising fraud?
It is to point to in order to possess illegally for the purpose, the behavior that uses fraudulent method to raise money illegally, amount is bigger. Illegal possession is mainly reflected that the funds raised are not used in production and business activities, that the funds collected are recklessly squandered, that the funds collected are used in illegal and criminal activities, or that the funds are withdrawn, hidden, destroyed, and returned evasively.
Seen from the fund-raising fraud cases in the insurance industry, criminal means are mainly manifested as: counterfeiting the name of insurance companies or forging false insurance products, promising earnings or false earnings, selling to the public, thus swindling a huge amount of funds.
5、What are the sentencing criteria for conviction of crime of fund-raising fraud?
Whoever engages in fund-raising fraud shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and shall also be fined not less than 20,000 yuan but not more than 200,000 yuan if the amount involved is relatively large (the amount defrauded by an individual is not less than 100,000 yuan and the amount defrauded by a unit is not less than 500,000 yuan); Whoever defrauds an individual of not less than 300,000 yuan or a unit of not less than 1.5 million yuan shall be sentenced to fixed-term imprisonment of not less than 5 years but not more than 10 years and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan; If the amount defrauded is especially huge (the amount defrauded by an individual is not less than 1 million yuan, and the amount defrauded by a unit is not less than 5 million yuan), he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment and shall also be fined not less than 50,000 yuan but not more than 500,000 yuan or be sentenced to confiscation of property.
6、What are the methods and characteristics of insurance fund-raising frauds?
（1）take advantage of their position and identity, or impersonate the name of the insurance company to the public to deceive insurance.
Industry personnel to commit crimes, often use their identity as the head of the insurance company's sales channel or business personnel, to the public to deceive insurance; The salesman commits a crime, which is basically the name that impersonates insurance company business personnel, deceive to the public protect.
（2）privately engraved seals, forged insurance documents, insurance contracts or relevant agreements.
The main performance is illegal personnel through private seal, forged insurance documents to sell false insurance products to the victim, or forge other agreements, collect the so-called "insurance premium", cheated the masses of money.
（3）promise false earnings or high earnings
That is, the promise of high returns and other false earnings, cheating the masses of money. The main performance is to promise to the public to give high interest or return false earnings, deceive the public "insurance", swindle money. In some crimes, in addition to the promise of insurance benefits, it also exaggerates or fictionalizes insurance products as investment wealth management products, promising returns well above normal levels. In order to avoid the exposure of the crime, it is even due to deliver some promises of higher benefits, to win the trust of the victims, so that they can continue to increase the investment or cheat more people.
The crime sequence is shown below.
（4）Criminal suspect individual charging of "insurance premium"
In regular insurance process, policy-holder needs to be in when insuring only the bank account that appoints oneself is paid as insurance cost account, deposit fund in policy-holder's account can, insurance company and bank can transfer insurance premium automatically according to the authorization of policy-holder. In the case of illegal fund-raising, the criminals often make the victims pay in cash directly or transfer the money into personal accounts under their control.
（5）Insurance agents sell third-party financial products
Insurance agents of the company sell third-party financial products on a part-time basis, even in the name of an insurance company to hold a meeting, customer association, etc., to promote third-party financial products;
Insurance agents change jobs to third-party financial management companies due to the temptation of interests;
(a) To sell third-party financial products to insurance customers with high interest as bait;
(b) Using their understanding of the sales and preservation processes of insurance products, abet customers to purchase third-party financial products after returning the insurance and applying for policy pledge loans;
(c) Obtain the information of our company's customers by improper means and use it illegally.
7、How to prevent and identify illegal fund raising in the name of insurance?
（1）Recognize the nature and harm of illegal fund-raising, improve identification ability, and consciously resist all kinds of temptation. There is no pie in the sky, "high return", "get rich quick", "high return financial management" and other irrational propaganda to analyze calmly, to avoid being cheated.
（2）Understand whether the sales personnel and organizations are legal and qualified. When insuring, it shall confirm whether the company of the sales organization or agent has the qualification of insurance sales granted by the insurance regulatory authority.
（3）Improve rational insurance and investment awareness. Insurance basically is to provide person safeguard, although some insurance products hold investment financial management function concurrently, but if emphasize one-sided its high yield, should treat cautiously, rationally choose insurance, investment products, protect oneself legitimate rights and interests.
（4）Enhance the awareness of participating in illegal fund-raising risks. Illegal fund-raising is illegal behavior, especially individual false insurance name undertakes illegal fund raising, its responsibility lets an individual bear, and the individual often cannot bear eventually, victim loss is very difficult to recover.
（5）Improve the ability to identify the authenticity of insurance policies.The insurance industry illegal fund raising mainly through false insurance institutions or fake policies and other means, Because this should distinguish the true and false of guarantee slip especially when protecting: one kind is the false guarantee slip that imitates, the insurance slip that illegal element issues with legal insurance company namely undertakes imitation as sample, on appearance and true guarantee slip resemble extremely; Another kind of false guarantee slip is not appear with the name of insurance policy commonly, make falsely however with the name of insurance company contain false proof of insurance responsibility, insurance company won't issue such proof commonly.
An insurance policy with incomplete information may be a false one.Such as whether to formally issue insurance policy, the policy is listed insurance companies, insurance product name, the name and name of the insured person, the name of the insured, insurance premium, insurance amount and some other requirements must be listed on the policy of ranked elements, but also focus on whether with unified customer service telephone and query mode of policy, whether to build official seal of insurance company, whether the commitment is not in conformity with the rules of high returns, etc.
（6）Avoid paying insurance premiums to individuals. Our company strictly implement strict policy of zero cash, in addition to the applicant to the company business counter and other special circumstances as provided for by the circ, the insurance premium of charge through the bank transfer way, the bank will automatically deduct the insurance cost. For individuals in the name of the insurance companies charge large amount of cash, must be vigilant, avoid big cash to individuals or make the open accounts in the name of the insurance company.
（7）Timely inquiry to confirm the authenticity of the policy. In insuring a process, ought to pass insurance company official website in a timely manner, unified customer service telephone number or go directly to the insurance company business outlets and other ways to inquire about the policy, affirm true or false and verify the insurance amount, premium and other contents.
