The Supreme People's Procuratorate released typical cases of procuratorial organs prosecuting fraud crimes in accordance with the law! "Descendants of the Royal Family": Can you help me unfreeze the "Royal Assets"?

Source: Procuratorial Daily Justice Network

Claiming to be "descendants of the royal family", using huge returns as bait, enticing victims to help them find relevant materials and procedures, and unfreezing "royal assets"... On October 26, the Supreme People's Procuratorate released a typical case of procuratorial organs prosecuting fraud crimes in accordance with the law, and this case of 10 people, including Li Mou and Huang Mou, who fabricated "royal assets" was among them.

Since 2000, defendant Li claimed to be the "heir" and "descendant of the royal family" of the royal assets, falsely claimed that the royal assets were stored overseas, used huge returns as bait, used forged official documents, certificates, seals, photos, etc. of state organs to gain the trust of the victims, and used to induce the victims to invest funds to help them find relevant materials and procedures, so as to defraud the money by means of unfreezing the "royal assets".

With the development of the "Royal Assets" thawing scam, Li trained Wang Mouwen, Wang Mou, Huang Mouxian, Zhang Mourong and others as backbone agents.

The 10 defendants divided their labor and cooperated with each other to operate and implement the "Royal Assets" thawing scam to form a closed loop, defrauding the victims of a large amount of money totaling more than 10.8607 million yuan, infringing on the safety of the people's property and endangering social stability.

The "national asset thawing" type of fraud crime is a new type of mixed crime that integrates rebates, pyramid schemes and fraud, which has strong concealment and high degree of professionalism, and the evidence is easy to be hidden and lost, and it is difficult to prove the crime.

To handle such crimes, it is first necessary to fully understand the basic situation of the structure, hierarchy, and mode of operation of the criminal organization, and on the basis of being familiar with the facts of the case, further study relevant laws and regulations, determine special concepts and provisions such as "backbone agents" and "general agents", accurately grasp the main characteristics and proof elements of the crime, and lay a foundation for clarifying the line of thought for accusations and building a proof system.

In this case, the criminal suspect committed crimes a large number of times and a large time span, and his online line was all over the country, and some of them were abroad, and none of them arrived at the case. The defendants all denied knowing that the "Royal Assets" unfreezing project was fictitious, making it difficult to prove that the conviction in this case was mainly based on verbal evidence. The undertaker has repeatedly consulted with the investigative organs to further clarify the investigation ideas and the direction of evidence collection, guide the public security organs to increase the intensity of investigation in an all-round way, and supplement and improve relevant evidence to the greatest extent.

In response to the criminal suspect's defense of not admitting guilt, on the one hand, a prudent judgment is made on whether the rebuttal evidence can substantively block or weaken the evidentiary effectiveness of the entire evidence chain; on the other hand, the various factors of the guilty evidence are comprehensively evaluated in light of the defendants' academic qualifications, work experience, length of time involved in the crime, personal division of labor, number of crimes, the number of frauds, fraudulent means and abnormal performances therein, the amount of money involved in the case, and the previous record of the same kind of crime. The procuratorial organs made a comprehensive judgment on the positive and negative evidence, pointed out that the criminal suspect's defense was not reasonable and legitimate, and forcefully accused the crime.

On March 25, 2021, the Mile City Court in Yunnan Province sentenced defendants Li X and Huang X to fixed-term imprisonment ranging from one to 15 years for fraud, and fined them respectively.

In the process of handling cases, procuratorial organs actively pay attention to and participate in the comprehensive management of society, especially in view of existing problems and weak links. In this case, a large number of people were defrauded in a certain town and village, and the Mile City Procuratorate extended its legal supervision function and issued procuratorial recommendations to relevant departments, suggesting that the crackdown be intensified and legal publicity be carried out in a down-to-earth manner. At the same time, together with public security and other political and legal departments, we carried out publicity on the rule of law in the local area, supervised the implementation of rectification and reform, formed a joint force to combat crime, resolutely curbed the development and spread of this type of crime in the local area, and realized the unity of political, legal and social effects.