2016-05-03 15:29
The procuratorial Daily: marketing activities to wear ＂clothes＂
[direct reporting network, Beijing, May 3 -- (check daily) the State Administration for Industry and Commerce recently issued tips New MLM activities risk early warning, some MLM organization called "derivative" and "business" multi-layer distribution "" consumption and investment, tourism cooperation "name, with high returns as bait, development personnel formed on offline relationships to promote the sales of their products and services and engage in direct selling activities. A study from Taizhou City, Jiangsu province procuratorate also showed that: since 2012, Taizhou prosecutors handled a total of 48 cases involving marketing of criminal cases 23 people. Among them, suspected of organizing and leading pyramid selling activities of 26 13 people, and showed an increasing trend year by year, a prominent feature of pyramid selling cases is the constant renovation of criminal practices.
"The prevalence of family" mode
Organized lectures, organize training and tells the inspiring story of brainwashing education through the "elite", so as to the development of the assembly line, this kind of slick marketing model has now been abandoned. In order to escape the blow, easy to manage, criminals now more interested is a "family" marketing mode.
They will organize members divided into several "family", each family is generally 10 to 20 people or so, through rental housing as the direct sales outlets scattered in the country and in a place set general agent, and the formation of the network. Within the family, there are many levels of parents, housekeeping, business, etc.. Each family members are not fixed, not regularly adjusted, different families will be in accordance with the on-line unified deployment of business contacts. The organizers and leaders of the marketing and the "family" members are not directly contact, in strict accordance with the level of the order, and the use of code.
In 2014, Taizhou Municipal People's Procuratorate for the illegal pyramid selling case, Wu Mou in collusion with others in Jingjiang City, Taizhou under the jurisdiction of the establishment of "family" MLM dens 7. As one of the leader of the MLM Gang, Wu a pseudonym "Yan Fang", usually very few appearances, only on the "family" members to pay the cost of buying products just appeared, after receiving the money to leave immediately, the bottom of staff don't know his real name and whereabouts.
This kind of 'family' MLM network distribution, personnel are not fixed, and the superior 'isolation', leading to the public security organs of the investigation is very difficult. Even if the individual 'family' is being investigated, can only be captured to lower level staff, senior level leader to court." The prosecutor handling the case said.
Violent tendency is serious
Wearing a is a 29 year old migrant workers, August 13, 2012, he was cheated by the netizen to Hailing District of Taizhou City, a marketing "family", this went in, he never got the chance.
Due to wear a resolutely refused to join MLM organizations, "parents" Wang Yanyan immediately attracted a key member of the "family" the to "enlighten" -- poured cold water, fan a slap in the face, with a towel blocked mouth, feet kicked, fierce tic of limb and chest, causing the unconscious on the spot.
Afterwards, remain unconscious daimou was sent to the hospital, after she died. After identification, wearing a system due to blunt objects and large external forces acting on the chest caused by heart rupture caused great loss of blood.
In another case of illegal pyramid schemes, the victim was illegally detained in the MLM organization 24 days after the illegal detention, because unbearable beating, the insult jumped from the 5 floor. After the Jingjiang Municipal Public Security Bureau of forensic identification, Lu constitutes a serious injury two.
In recent years, due to the deepening of the rule of law, the illegal and harmful marketing behavior has been widely known. After the victim was cheated, often the first time can identify the nature of the organization's marketing. In this way, the criminals through the class, illegal detention and other forms of "brain" has been more difficult to achieve the purpose of. Some MLM organizations for forcing the victim to join, to achieve the purpose of accumulating wealth, began to the victim implementation assault, corporal punishment, threat, forcing the victim to pay to purchase the so-called "products" and turned into looting.
"This kind of violent behavior once the promotion, extremely easy to cause the serious violent crime such as intentional injury, intentional homicide, serious damage to the victim's personal and property rights." Prosecutors handling the case said, "what is more, some backbone molecular inciting participants violence against the law, and even attack, assault law enforcement personnel, some marketing organization cases in essence has been in line with the basic characteristics of the crime of underworld nature organization."
"Harmony and illegal fund-raising"
In order to deceive the public, reduce the cost, some MLM organizations no longer use traditional physical goods marketing model, and take of share-holding system, share system concept to confuse, the victim can not see the essence of the criminal, more deceptive.
With the rise of the Internet banking, some MLM organizations began to fraudulent use of the concept of Internet banking, chips, P2P, such as some popular Internet financial terms become "class" the important content of "brainwashing". Some victims of the lack of basic financial knowledge into a trap. And this "empty set of the White Wolf" cheat mode, the purpose of illegal possession is obvious, often constitute the crime of violation of property, some of which are related to illegal fund-raising, financial fraud and crime.
These two years, illegal fund-raising and illegal fund-raising criminal means intertwined, social harm and great impact." Huaian Qingpu District procuratorate prosecution of procuratorial officer Hanlu said that in the case of Hong Kong Avenue television media Co., Ltd., criminal the victim eager to make money, to change their economic constraints of the psychological, by way of illegal fund-raising, to encourage friends and relatives between the development and the line. Criminals usually through the network publishing false information, the name of the investment, through the operation of the entry fees, and investment rebate approach. Participants are required to pay fees to obtain the qualification for joining and according to the order of composition level, directly or indirectly to the number of staff development as payment or rebates according to lure participants to continue to participate in the development of others, diddle property.
The law needs to be further close weave
"As the pyramid of crime legislation has not yet formed a complete system, the French MLM crime remains to be further close weave." Taizhou city procuratorate prosecutor handling the case said that in 2009, the criminal law the crime of organizing and leading mlm. In 2013, the Supreme People's court and the Supreme People's Procuratorate jointly with the Ministry of public security in respect of charges. The application of law made a detailed explanation, which to crack down on this kind of crime play to positive role. But the object of attack is not only the organizer and leader. As a means of pyramid selling crime tend to covert, MLM anti detection ability strengthens constantly in the MLM organization "Pyramid" at the top of the organizer, leader is difficult to be seized. The organizers and leaders are in the minority, there is controversy about the number of active participants how to punish, how to convict etc..
Now some MLM organizations loose structure, and the line is not closely linked, members of the complex relationship, and the number of levels is difficult to identify. But the law "suspected of organization and leadership of the pyramid selling activities in more than 30 people and levels in grade 3 or more", of the organizer, leader be filed for investigation and prosecution. Taizhou City prosecutors handle many suspected of organizing, leading pyramid selling crime, cause identification level and the number of people there is a big obstacle, and ultimately change the qualitative or make withdraw, resulting in organizing and leading the crime pyramid schemes in the judicial practice suitable ratio is not high.
In addition, the active participants of the behavior assessment, is the current difficulties in the judicial practice. An active participant in the more and more by means of violence, coercion or other victims of forced to buy "products" acts of illicit enrichment, in full compliance with the constitutive elements of the crime of robbery. But these positive participants are turned by the victim, the motive for the crime is complex, how to deal with a legal problem.
(original title: marketing activities to wear "clothes" prosecutors suggested dense and crack down on pyramid selling crime law)
Editor: small Shen
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