2016-12-05 13:42
Legal magazine revealed: Fuzhou Yida MLM case
[report] net Beijing on December 5th news (legal magazine) without the arrests of Hubei police in Xiantao, pan high, Mrs. Huang Meiling never thought, your life will have the intersection with that Xiantao city.
In November, Xiamen, the temperature is like summer. Pan, Mrs. Huang Meiling led the two-year-old son, in the residential area of the avenue walk. The mention of the April 2014 Xiantao Public Security Bureau police raided the home of several scenes, the couple is still a lingering fear.
April 24th morning, because the child has just been born more than five months, is in lactation, and cesarean section wound has not healed, I and the baby, the eldest son (suffering from mental retardation), a total of four nurses in Xiamen home to rest. I heard someone shout to open the door, open the door after the nanny, Hula in about eight people (including a woman), they dressed in plain clothes, a foreign accent. When asked the name of Huang Meiling, they said that Hubei Province Public Security Bureau of economic investigation detachment. They put us in a room, took away our cell phone, and searched every corner of the building, all the items. Before leaving, they also left my G500 benz. From beginning to end, no one to show me the relevant legal documents, including the seizure of the decision, they just told me suspected pyramid schemes. Although my cesarean section wound has not healed, is in the breast feeding period, or all the way bumps all night to bring me from Xiantao to Xiamen." Huang Meiling to the "legal person" reporter memories, the expression of panic and pain.
"This kind of business model in Fujian in the country is everywhere, Fuzhou Yida company is absolutely not involved in mlm." Pan Gao told the "legal" reporters, Xiantao police investigators are interested in other things, in a few days after he was detained, the couple a total of 23 million 700 thousand yuan of bank deposits has been transferred to the police force.
Huang Meiling insisted that the VTech company formalities complete, legitimate
Huang Meiling is Fujian Xiamen people, in the end of 2009, her boyfriend pan under high support, Huang Meiling incorporated Fuzhou Yida Biotechnology Co. Ltd. (hereinafter referred to as "easy company"), he served as the legal representative of Chen Yun, Zhang Ping invited friends and Yin Mouhong to participate in the operation and management; pan high because of another enterprise, not from first to last in any transaction of the company are.
According to reports, Yida company is a "OEM OEM enterprises, or by other manufacturers of processing, and then paste the VTech company product brands, products sold as Yida company - similar company is quite common in the country. Yida companies mainly have two: one is Zhengzhou Bokai medical health products Co. Ltd., as the VTech company production of "Bei Lidan" brand women's health products; another is the Wuhan daily good health products Co. Ltd., the production of "polypeptide powder" for easy company, in which Beridan women's health care products (Women's reproductive health Chinese medicine health care products) as the company's flagship product. The product quality is reliable, the effect is obvious, and Huang Meiling, hard work, good management, products listed by the wide acclaim and praise of consumers; in November 2010, company production of "Bei Korea posture" series and "charm elements Beridan", "Chinese medicine to promote" belongs to the "health, maternal and child health Chinese hand in hand health project committee authorized for the designated product (Two-year)"; at the same time, VTech company donated 3 million yuan worth of related products for the organization.
Huang Meiling confirmed that the VTech company have a legitimate business license, food and Drug Administration approval license, regular inspection report, all kinds of legal formalities. Operating mode to take the physical store management". In the "accident" before, the country has established more than and 50 "Bei Korea posture life museum". In the company's customers, there are 1/3 of the occupation is a doctor, there are 1/3 beauty salon owners, and the remaining 1/3 are retail. The company held an annual business order, sales information open, customer trading free. A box of company product price 8800 yuan, if the customer purchase FCL, company will give a forty percent off discount for each box of products -- the actual purchase price is 5300 yuan. In order to facilitate the sale, the company basically this standard as a sales unit (5300 yuan / box), in the case of two sales, the product can be returned within a week, three months can be changed.
Huang Meiling said, in order to enhance the competition, expand the market, easy company set up a "product sales incentive system". Customers in the purchase of a single product, which become the member, but the VTech company for membership reward only once, can not be repeated, which leads to the system in the company members inside, there are a lot of customers are family members and even friends and family name. Although these people in the list of members are reflected, but did not participate in sales, not to pay any fee to the company. In reward, the regulations of the company when the membership sales totaled 6 boxes (31800 yuan), giving a 4% rebate is 1300 yuan; set up a "living museum" and other members of the store, the company in accordance with the total investment to give certain incentives as "shop subsidies".
Thanks to the concerted efforts of all staff, hard work, the business volume of the company are increasing year by year, the formation of a stable group of customers and products in the market, many customers actively cooperate with VTech company, became the company's "agent" and "dealer", in the national economic downturn, but good momentum, VTech company prospects.
In December 2013, happy yellow Meiling gave birth to a second child. She was breastfeeding, but never expected, a prison is quietly close to the disaster.
Pan Gao, Huang Meiling was not the intersection of Xiantao police criminal detention
Pan, Huang Meiling to the "legal" provides the report material shows that in April 24, 2014, Huang Meiling was the police Xiantao home from Xiamen to Wuhan, has been in the rain to Xiantao, until midnight was taken to the Public Security Bureau of economic investigation detachment. She soon learned that the Yida company managers Zhou Mouwei, Chen Yun, Zhang Mouping also caught xiantao. After a few days, the Public Security Bureau police investigators Huang Meiling Xiantao by local economic investigation detachment to the "Orient Guest House", trial every day, but yellow always do not recognize their own companies suspected of MLM crime. But during this period the police insisted that Huang Meiling surrender all proceeds as soon as possible.
In May 12th, the police brought the notebook computer, let Huang Meiling through online banking will more than 530 yuan of funds transferred to the designated account of the police; after the police handling the case through query Huang Meiling accounts, and Huang Meiling's brother Huang (when doing business in Tianjin), Huang Meiling was transferred to the same account of his 400 thousand yuan to the police specified. The afternoon of May 17th, the Xiantao Public Security Bureau handled the bail formalities for Huang Meiling.
While the pan high was arrested and released after, and Huang Meiling has almost exactly the same. According to Pan Gao introduced and written material shows that April 24th morning (before and after Huang Meiling was arrested, the FuZhou Railway Station waiting time) is the pan high by several public security bureau plainclothes police arrested Xiantao, Xiantao and then sent to. The police after several rounds of questioning, questioning is still the most problems related to the so-called "dirty money" whereabouts. After more than a month, paogang did not know that Huang Meiling has been released on bail in May 17th, in order to save Huang Mei Ling and take care of young children, paogang was forced to agree to transfer funds. The afternoon of June 16th, pan high in handcuffs and fetters were taken to Fuzhou; the morning of June 17th, pan high through the two banks, in turn has paid 18 million yuan to the designated account of the Public Security Bureau xiantao.
Since July 2nd, pan high was also released on bail.
After the event, according to the transfer receipt to identify the pan Gao, the account for the Xiantao Finance Bureau budget income accounts".
Experts believe that Huang Meiling's sales behavior does not constitute the crime of organizing and leading pyramid selling activities
The lawyer for the "legal" reporters to provide the "Xiantao people's Procuratorate indictment", Xiantao Procuratorate in December 16, 2015, Huang Meiling, Chen Yun, Zhang equal seven (Note: no defendant pan high) "suspected of the crime of organizing and leading MLM" to the Xiantao people's court. The "indictment" said: "the cause of Xiantao Public Security Bureau investigation...... This case was returned to the Xiantao Public Security Bureau to supplement the investigation two times, the Xiantao Public Security Bureau has once again transferred to the hospital for examination and prosecution. The examination and identification by law:...... The marketing organization to sell products, for women's reproductive health seminars and other activities in the name of staff required to participate in the purchase of a product (5300 yuan) above to obtain eligibility, become a member, you can implement the double development, the development of the assembly line, the formation of Pyramid structure, in accordance with the added order form and subordinate relationship. Through the establishment of game award, direct award, agency subsidies and other incentives in the form, directly or indirectly, the number of personnel in order to lure others as payment basis, continue to develop offline, cheat money".
Huang Meiling said: "I have a lot of reasons and evidence to defend myself. Now, any company, have the sales incentives, to customer rebate policy. The performance of sales staff is higher, the company rewards or more commission - this is accused of "direct Award"; customers buy more products, the company to offer the more - this' rebate ', is accused of "on the award"; the customer set up shop, product life Museum, specialized sales company products, businesses to give some incentives or subsidies, the mutual benefit and win-win marketing, is accused of "Management Award" and "agency subsidies.". If the VTech company can be charged as a pyramid scheme, so many business entities the boss is not likely to go to jail?"
In September 2016, Hubei Province, three famous law experts, was invited to the "Huang Meiling is the organization, leading the crime of pyramid selling activities". Three law experts are professor of Wuhan University law school, Professor of criminal justice, Zhongnan University of Economics and Law, Professor Yang Zhao Junxin, Professor Zong Hui. After listening to their "Huang Meiling case" situation, reading the case dossier, the Xiantao Public Security Bureau prosecution submissions, the legal analysis: the Supreme People's court and the Supreme People's Procuratorate and the Ministry of public security in 2013 jointly issued "on the handling of some issues of applicable law in criminal cases the MLM organization and leadership activities opinions" clearly stipulates that the "the team paid" no longer as a crime. "Criminal law the crime of organizing and leading MLM" of the structure and provisions have highlighted the criminal nature of the crime is "deceptive" and "team activities" because have the real product quality, the stability of the business model, the quantities of commodities sales profits, the purchase of goods or goods can be returned, the organizational structure of the personnel to enter or exit the completely voluntary, there is no organization, leading the crime pyramid schemes required "deceptive".
Experts believe that Huang Meiling's business VTech company products from formal manufacturers, registered trademarks were legitimate and normal, the company products are in conformity with the after inspection and testing and medical care standards prescribed by the state. Huang Meiling sales of the effectiveness of the product is the business operators, consumers and the national social organization's confirmation and affirmation, enough to show that the product quality is widely recognized. Whether consumers or dealers are in the personal experience of the real efficacy of the product, before they voluntarily choose to sell products. VTech company marketing model to fully respect the right to choose consumers and dealers, not by deception to lure the way to attract referrals, through personnel quantity calculation of return. VTech company profit distribution system also has the legitimacy and rationality.
"Huang Meilian, the stress on the total transfer of 23 million 700 thousand yuan, which is obviously questionable." Experts said that in April 2014, the Xiantao Public Security Bureau will pan high on suspicion of committing the crime suspected crimes detention, but in December 2015 the "Xiantao people's Procuratorate indictment", even until now, none will be prosecuted Pan Gao -- this can explain paogang innocence. If the Public Security Bureau of Xiantao has no sufficient evidence to prove that the pan 18 million yuan high was forced to turn away all or part of the Yellow Meiling belongs to suspected pyramid "proceeds", so in accordance with the law, the money should be returned to the high pan.
Experts believe that, according to the relevant laws and regulations of the Ministry of public security, public security organs found in the investigation activities may be used to prove a variety of goods, the suspect's guilt or innocence shall file, seized or detained; distress, need to file in the course of the investigation, the case handling department shall be responsible for the approval of people, make a written decision making record; shall be seized or detained, witness the signature by the investigators, and holder. But Huang Meiling confirmed that the Xiantao Public Security Bureau has not issued any legal documents.
According to the survey, in December 16, 2015, Xiantao people's Procuratorate has "Huang Meiling case" to the Xiantao people's court prosecution, however, until November 15, 2016, the reporter went to the Xiantao people's court interview "Huang Meiling case", the tribunal has said President Liu Huang Mei Ling case in our hospital in the last week (November 7, 2016 - 13), director of the criminal case "the case with vice president also said:" I will in the law within the prescribed time limit, as soon as possible, a fair trial".
The morning of November 16th, the "legal" reporters came to the Xiantao Public Security Bureau, focusing on understanding the pan high, Huang Meiling strongly reflect "by the Xiantao Public Security Bureau forced to turn away 23 million 700 thousand yuan" to the Bureau of the political department, a deputy director surnamed Li note reporter to interview questions, "said the report to the Bureau before making a reply" but, up to the time of the Xiantao Public Security Bureau has not yet received any reply.
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