Original title: at the beginning of the 'largest underground bank case': trillions of corruption and fraud on the water
The amount involved in the largest underground bank case is as high as trillion
4hw.com.cn: defraud export tax rebates and government incentives, transfer illegal funds abroad, and provide capital turnover channels for crimes such as online gambling and telecom fraud & hellip& hellip; These 'invisible' illegal acts have the participation of underground banks
From the recent series of super large underground bank cases investigated by the public security organ, it can be seen that the criminal means of underground banks are professional, intelligent and hidden, and the criminal subject is familial, circle and credit. These trends are worthy of vigilance. It is necessary to strengthen punishment and cut off the underground 'black gold' undercurrent.
A few years ago, the police of Qitaihe City, Heilongjiang Province found that the capital flow of a leather Sales Co., Ltd. was seriously inconsistent with the actual production capacity, and tens of millions of foreign exchange of unknown origin were remitted to the company.
Continued investigation found that these fur payments from South Korea, Italy and other countries were remitted across the border by an underground bank in Shandong, suspected of illegal purchase of foreign exchange. The police investigation found that the circulating funds involved in the case of the bank amounted to more than 100 billion yuan.
On September 8, 2015, the underground bank case investigated by Qitaihe public security department was listed as the case of the Ministry of public security, code '9 & middot; 8 'super large series of underground bank projects.
Recently, significant progress has been made in this national super large series of underground bank cases. " Now only 13 underground banks have been knocked down, and 117 suspect suspects have been arrested. The investigators of Qitaihe Public Security Bureau said, '9 & middot; 8 'super large series of underground bank cases have become the largest underground bank cases in China so far.
A shocking case! Trillions on water
'Serving 'a variety of financial crimes
According to relevant sources, underground banks are collectively referred to as a class of illegal financial institutions established without the approval of the competent national financial department. They illegally engage in foreign exchange business, capital business and loan business, also known as "underground banks".
As an important tool for transferring stolen money and money laundering, underground banks directly serve criminal activities that infringe on people's property interests such as illegal fund-raising, so that a large number of funds of unknown origin are placed outside the national regulatory system, which has huge economic and social risks.
At the beginning of this year, the Supreme People's court and the Supreme People's Procuratorate jointly issued the interpretation on Several Issues concerning the application of law in handling criminal cases of illegally engaging in fund payment and settlement business and illegally buying and selling foreign exchange, which made it clear that transnational (Overseas) cashing underground banks mainly refer to illegal sub branches colluding with overseas personnel, enterprises and institutions, or using bank accounts opened abroad, Assist others in cross-border remittance and fund transfer activities.
In '9 & middot; In the case of 8'large underground money bank, the suspect transferred the RMB into foreign currency and converted it into US dollars according to customer demand by using domestic and foreign accounts. Or transfer foreign dollars to China and convert them into RMB. In these two processes, exchange rate difference and handling fee are earned respectively.
"Because there are such fund transfer needs at home and abroad, sometimes there is no real exchange. Just knock the needs of fund transfer at home and abroad, and directly earn the exchange rate difference and handling fee." 9· 8 'said a member of the task force.
The State Administration of foreign exchange informed the public last year that in the cases involving individual foreign exchange violations, in order to transfer assets abroad, or use others' annual foreign exchange purchase quota to split personal funds for foreign exchange purchase and remit them to overseas accounts, or exchange foreign exchange and transfer property through underground banks.
In addition to the illegal trading of foreign exchange, underground banks also provide capital flow channels for other criminal acts and become 'accomplices'. In the 'Qiu Moumou fraud case', 'Ding Moumou illegal business case' and 'Ding Moumou fraudulent export tax rebate case', underground banks have played an important role in the process of false trade and capital flow. For more than 3 years, the suspect, Ding Mou, applied for an export tax rebate from a southern place through the underground bank, and swindled 7 million 330 thousand yuan. The criminal suspect Qiu Moumou and other fraud gang used underground banks to defraud the government from rewarding hundreds of millions of yuan.
In addition, underground banks provide 'Black' support for various crimes such as telecommunications fraud and cult organizations, and encourage and breed other criminal acts. In a cross-border online gambling case investigated by Qitaihe police a few years ago, it was found that more than 70% of the gambling funds involved in the case of more than 200 billion yuan were circulated at home and abroad through underground banks. Previously, Jiangsu police cracked a transnational online gambling case involving 7.8 billion yuan. During the investigation, it was found that a huge amount of funds involved in the case also flowed abroad through underground banks.
Wu Dan, Professor of China Criminal Police College, believes that underground banks have made a large number of funds of unknown nature free from the national financial regulatory system, seriously damaged and disrupted the national foreign exchange management system and financial order, and affected the promotion of China's anti money laundering work.
concealment! Circle! Flooding!
A variety of criminal acts are intertwined
'9· The 8 'super large series of underground bank cases involve a variety of criminal acts, such as fraud, falsely issuing special VAT invoices, defrauding export tax rebates and so on. It is precisely because of the interweaving of many types of cases and the specialization and chain of criminal links that the cases involve a wide range and a large number of people, showing many new characteristics.
The means of crime are specialized, intelligent and concealed.
In '9 & middot; In the case of 8'super large underground banks, the criminal suspect is well versed in the operation of underground banking capital, understands the international trade system and the latest changes, and is familiar with the relevant laws and regulations in the related fields such as export tax rebates, which reflects the special characteristics of economic crimes.
In order to escape the attack of public security organs and national financial supervision, underground banks often engage in illegal financial activities in an extremely hidden way. According to the case handling personnel, with the development of society, underground banks rarely use counter form, and more use electronic payment tools with telephone banking and e-banking as the carrier. With only one computer connected to the Internet, the basic business can be completed by the computer system. This kind of illegal transaction completed on the network has brought great difficulties to the evidence collection and extraction of public security organs.
When investigating an underground bank, the police retrieved more than 12000 bank card transaction bills, 350 million pieces of data and 15000 pieces of online banking IP data for judgment and analysis, and finally locked 10 offshore companies and more than 200 personal accounts of the underground bank, basically drawing the organizational structure of the underground bank involved.
Criminal gangs are familial, circle and credit.
When investigating underground banks in Heilongjiang, Fujian and Guangdong, Qitaihe police found that many underground bank crimes have family characteristics. Some are father and son, some are brothers and sisters, and some are aunts and relatives who help each other. This characteristic is particularly obvious in some areas with obvious clan relations in the south.
According to Wu Dan and other experts, the modern economic development and the convenience of network operation make the capital transfer very fast and cover a wide range, which makes the business scope of underground banks constantly expanding. Underground banks are connected with each other and lend to each other, forming a huge network related to each other.
Underground banks have obvious characteristics of 'credit'. The police destroyed a bank in 2015, and the principal criminal Zhang was wanted online. However, when another bank was knocked down in 2017, it was found that Zhang actually paid 120 million yuan in arrears from another company during the period when he was wanted. According to the police handling the case, it sometimes takes only one phone call to borrow money between underground banks in Shenzhen without any mortgage.
The trend of crime is regionalization, internationalization and diversification.
Reporters in Qitaihe City Detention Center saw the police arrested from Fujian Quanzhou suspect Wang Mou. He said that many people along the coast do business in the Philippines, Vietnam and other places. They want to bring their money back to China, and many people in China want to bring their money out. There are many such needs, 'there are many underground banks like ours'.
According to the police handling the case, there are more foreign trade enterprises in economically developed coastal areas such as Fujian and Guangdong, which has always been a high incidence area of underground bank cases, and there are relatively few inland provinces. However, in recent years, the criminal tentacles of these underground banks have extended to Qinghai, Liaoning, Heilongjiang and other provinces, and the criminal field has also spread to many industries such as finance and securities, foreign trade export, sports culture and so on.
According to the analysis of relevant experts, cross regional and even transnational crimes are the new trend of underground banks in recent years. Under normal circumstances, the number of overseas Off Shore Company controlled by suspect is large. Different Off Shore Company also opens accounts at several banks at the same time. Funds are frequently transferred between different offshore companies, domestic companies and individual accounts. The organizer will generally coordinate and contact with customers and peers, and the operation of overseas funds and domestic funds will be operated by specific personnel. Each link will involve different personnel, with obvious cross regional characteristics.
It is reported that '9 & middot; 8 'super large series of underground bank cases involve 68 underground bank criminal gangs, more than 300 customs brokers and more than 1300 companies in countries and regions such as Russia and Singapore, as well as more than 20 provinces, autonomous regions and cities such as Fujian, Guangdong, Shandong, Liaoning, Hebei, Xinjiang, Jilin, Heilongjiang and Henan. Hundreds of people are involved and the social impact is extremely bad.
Underground banks become 'white washing' tools
Urgent need for judicial interpretation to support sentencing
In accordance with the deployment of the central government, the people's Bank of China, the Ministry of public security and other departments have actively played their functional role in severely cracking down on illegal and criminal activities of underground banks, and initial results have been achieved. Relevant departments have actively participated in the special rectification of Internet financial risks, severely punished illegal fund-raising and crimes involving underground banks that undermine financial order, and maintained the order of the financial market.
Despite the high-pressure crackdown, cases of underground banks still occur frequently in recent years. Underground banks are not only the 'accomplices' of criminals in defrauding national government incentives, export tax rebates and other criminal activities, but also become the' white washing tool 'of corrupt funds, which is of great social harm.
Previously, Beijing police and Macao police cracked the case of Xu's cross-border underground bank involving an amount of more than 30 billion yuan. The gang involved used underground banks to illegally cash out gamblers with Hong Kong dollar and Macao dollar capital needs in Macao casinos.
According to expert analysis, compared with the underground banks ten years ago, the current underground bank crime has become a service-oriented crime, which directly serves the criminal activities that infringe on the people's property interests such as illegal fund-raising and telecom fraud, directly impacts China's financial order and forms financial risks.
At the beginning of this year, the relevant judicial interpretation focusing on severely punishing the crimes of underground banks and maintaining the stability of the financial market clarified the punishment principle when the crime of illegal operation coincided with the crime of money laundering or the crime of helping terrorist activities, and demonstrated China's attitude and determination to severely crack down on the crime of money laundering and helping terrorist activities in accordance with the law.
However, some police officers who have investigated cases of underground banks still lack the effective support of relevant laws and regulations in the identification of the crime of providing false data and falsely issuing special VAT invoices. For example, if the customs broker provides false data, such as the crime of forging official documents, the penalty is very light. If it is determined as an accomplice in fraud, it can be sentenced to 'life', but it lacks the support of relevant judicial interpretation.
Reporters learned that in order to avoid the attack, some underground banks suspect will regularly write off some of the companies under control. In addition, some companies are originally 'shell companies', sometimes public