Behind the hot search on "Many Movies Involving Investment Fraud", how are movies related to fraud?

  On the 22nd, the topic of "A number of celebrities participated in the film and television investment fraud case" topped the hot search list on Weibo, and the case affected as many as 12 movies, of which 5 movies have been released, such as "Wheat Passerby", "Ruffian Lover", "Poet", etc.

  On January 23, the Spring Festival movie "Hot and Hot" issued a statement through its official Weibo, saying that the first producer of the film, Xinli Media Group Co., Ltd., stated in a statement that there have been cases of illegal financing in the name of film investment, copyright subscription, and income transfer in the name of film investment, copyright subscription, and income transfer. The company has not authorized any individual, company or institution to carry out any investment and financing cooperation in the name of the film, and reminds investors to be vigilant and beware of being deceived.

  What is going on behind this? Will celebrities participating in film and television investment fraud cases be jointly and severally held responsible?

  4 cultural media companies were involved in investment fraud cases

  On January 16, the Lanzhou Municipal People's Procuratorate and the Lanzhou Municipal Public Security Bureau jointly issued a notice stating that in 2022, the Lanzhou Municipal Public Security Bureau detected a film and television investment fraud case led by Li Moumou In committing fraud, only a small part of the fraudulent amount is used to pay the film producer to purchase shares, and the remaining amount is used to carry out fraudulent operations and personal squandering.

  The case involved a total of 4 companies: Beijing Eight Millimeters Culture Media Co., Ltd., Zhongrui Taifeng (Beijing) Culture Communication Co., Ltd., Beijing Zhongying Xinyi International Film and Television Culture Media Co., Ltd., and Beijing Maifeng Shengshi Culture Media Co., Ltd.; 12 films were involved: "The Van Gogh Project", "Monkey King: The Demon Monkey", "Mai Passerby", "Rescue in the Angry Sea", "Poet", "Rescue with Death", "Oba, You're So Handsome", "Ruffian Lover", "Money in Embarrassment", "Love You with All My Heart" (renamed "Fist Mom" or "Punch Mom"), " Shanghai, Shanghai", "Luban Underground Palace".

  According to the reporter's inquiry into the China Judgment Network, in 2022, Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. was sentenced to return the plaintiff's subscription of 98,000 yuan in the first instance due to a contract dispute.

  According to the civil judgment, on June 8, 2021, Feng Moumou, as Party B, signed the "Movie" with Party A, Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd<怒海营救>Agreement on the transfer of the right to proceeds. The film "Rescue of the Angry Sea" is planned to be released in 2021 (Note: "Rescue of the Angry Sea" has not been released so far, and the latest news shows that it is scheduled for May 1, 2024), Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. transferred the 0.05% investment income right of the project agreed in this agreement to Feng Moumou at a price of 140,000 yuan, and after Party B pays the payment to Party A, it will enjoy the proportion of 0.05% of the net income right of the project and become the co-investor of the film "Rescue of the Angry Sea".

  Subsequently, Feng Moumou signed the "Termination Agreement of the Film Revenue Rights Transfer Agreement" (hereinafter referred to as the "Termination Agreement") with Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd<怒海营救>., because Feng Moumou took the initiative to terminate the agreement, he needed to bear 30% of the liquidated damages of the subscription price, which was deducted from the subscription money.

  In the end, the defendant, Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd., was sentenced to return the plaintiff's subscription money of 98,000 yuan after deducting liquidated damages.

  Chang Sha, a partner at Beijing Jingjing Law Firm, said that when the content of the contract violates the law, the contract signed by the two parties is invalid from the beginning. Unless otherwise agreed by the parties, the breach of contract clause is null and void. Therefore, if the above circumstances are met in this case, the victim is no longer required to submit liquidated damages, and the liquidated damages deducted by the victim can be recovered.

  "In addition, if the new evidence is sufficient to prove that the case is suspected of a criminal offense, it can be handled through a criminal report, and the public security organ will handle it in accordance with the relevant procedures after the application is filed. ”

  The victims were spread all over the country

  There are still people who have not yet been reported

  In order to recover the losses of the people to the greatest extent, the Lanzhou Municipal Public Security Bureau issued the "Notice of the Lanzhou Municipal Public Security Bureau on Collecting Clues on the "8.17" Film and Television Investment Fraud Case as early as September 26, 2022, but due to the fact that the victims in this case are all over the country and there are a large number of people, the victims have reported the case one after another, affecting the trial of the case, and some victims have not yet reported the case.

  In order to effectively and accurately charge crimes, protect the legitimate rights and interests of victims, and crack down on criminal acts in accordance with the law, the Lanzhou Municipal People's Procuratorate and the public security organs have recently once again solicited clues on the gang's violations and crimes from the public, and hope that those who have been deceived will prepare relevant materials and contact the criminal police detachment of the Lanzhou Municipal Public Security Bureau before February 29, 2024.

  According to the notice, the informant needs to bring a copy of his ID card (both front and back), a copy of the "Agreement on the Transfer of Proceeds" ("Joint Subscription Agreement"), a copy of the certificate of holding the right to proceeds, receipts and other documents, a transfer voucher, a screenshot of the chat record and other relevant evidentiary materials.

  The public security organs reminded that victims who fail to report to the public security organs within the time limit are deemed to have given up the report, and the relevant consequences are borne by individuals, and they hope to tell each other.

  Film and television investment fraud

  How is it deceiving?

  According to a previous report by the City Express, as early as 2022, many netizens reported that they were deceived by Beijing Zhongrui Taifeng Culture Communication Company, Beijing Eight Millimeter Culture Media Company and other companies for investment in making movies. Among them, someone invested in three movies such as "Monkey King: Devouring the Sky Demon Monkey" and was defrauded of 550,000 yuan.

  Judging from the feedback from netizens, they began to come into contact with film investment projects in March and April 2020, and they were deceived for more than a year. This is also the characteristic of investment and financial fraud: the cycle is long, it is not easy to be detected in time, and when the victim finds out that he has been deceived, the fraud gang has already run away with the money.

  It is understood that investing in movie scams can be summarized in several steps:

  1. Pull people into the stock investment group first, and there are so-called instructors who talk about stock investment and analyze stocks in the early stage.

  2. Subsequently, the instructor recommends the film project to the students in the group, or says that he knows a certain director and has a new investment channel. And these players, for the sake of credibility, may have prepared materials in advance, such as shooting trailers.

  3. Induce the signing of a contract to transfer money or go to the APP to transfer money, which may be in the early stage, because the victim is also trying to invest a little money, the platform will send some income, and it can also be withdrawn......

  4. Some so-called "instructors" start live broadcasts on social media to attract people to take the bait.

  The police said that the general public does not understand the investment in movies at all, and investing in movies is not simply to invest some money, but requires investors to have strong professionalism and anti-risk ability, and must not sign an investment agreement only by virtue of the film and television company's project publicity PPT, movie posters and other content.

  Celebrities participated in the movie involved in investment fraud,

  Are I jointly and severally liable?

  According to the notice, as many as 12 films have been affected by the above-mentioned fraudulent investment cases, of which 5 films have been released and 7 films have not been released.

  Among the movies that have been released, there is no shortage of some well-known actors. For example, the movie "Mai Passerby" starred Aaron Kwok and Miriam Yeung, "Ruffian Lover" starred Shu Qi and Zhou Yiwei, and "The Poet" starred Song Jia and Zhu Yawen.

  On the 22nd, after the topic "A number of celebrities participated in a movie involving film and television investment fraud" topped the hot search list on Weibo, many netizens were concerned about "The movie in which the star participated is suspected of defrauding investors, should the star himself be jointly and severally liable?"

  Lawyer Chang Sha told reporters that whether celebrities, as participants in the film, should be jointly and severally liable for the film's suspected fraud of investors is a complex issue that needs to be considered multiple factors.

  First of all, to be clear, the role of a star in a filmmaking is usually that of an actor, and their role is to act, not to be responsible for the commercial and financial operations of the film. However, if the celebrity is not only an actor, but also involved in the production, promotion or decision-making of the film, and has intentionally or negligently participated in the fraud in the process, he or she needs to bear the corresponding responsibility.

  Secondly, it is necessary to consider whether the star knows in advance that the film is suspected of defrauding investors. If a celebrity is aware of the situation but does not take any action or report it to the relevant authorities, then they may be jointly and severally liable. If the stars are ignorant of the situation or have taken reasonable steps to understand the situation and confirm the legality of the film, then they may not be jointly and severally liable.

  To sum up, whether the star should be jointly and severally liable for the film's suspected fraud of investors needs to be judged on a case-by-case basis.

Source: Chengdu Business Daily Comprehensive Surging News, Metropolis Express