Behind the hot search for "Many movies involving investment fraud cases"

　　How does the movie relate to fraud?

　　On the 22nd, the topic "Many celebrities participated in movies involving film and television investment fraud cases" topped the list of hot searches on Weibo. The case affected as many as 12 movies, 5 of which have been released, such as "Mai Luren" and "Ruffian Lover" "Poet" and so on.

　　On January 23, the Spring Festival movie "Hot" released a statement on its official Weibo saying that the film's first producer, Xinli Media Group Co., Ltd., stated in a statement that there have been recent criminals impersonating the film's producers, investors, etc. Illegal financing in the name of investment, copyright subscription, income transfer, etc.

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 investors are reminded to be vigilant and guard against being deceived.

　　What's going on behind the scenes?

If a celebrity participates in a movie and is involved in a film and television investment fraud case, will the celebrity be implicated and bear joint liability?

　　4 cultural media companies 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 headed by Li Moumou. The criminal gang carefully designed and arranged words and packaging using " Using social software such as QQ and WeChat to attract investors to invest in stocks, they used social software such as QQ and WeChat to attract investors to invest in stocks. They then exaggerated the film production costs and expected box office revenue, and guided investors to purchase the film's "profit share" to commit fraud. A small part of the fraudulent amount was used to pay the movie producer to purchase shares, and the remaining amount was used to implement fraudulent operations and personal squandering.

　　The case involves a total of 4 companies: Beijing Bammie Culture Media Co., Ltd., Zhongrui Taifeng (Beijing) Culture Communication Co., Ltd., Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd., and Beijing Maifenshi Culture Media Co., Ltd.; involving 12 Movies: "The Van Gogh Project", "The Monkey King: The Sky-Eating Monkey", "Mailu Man", "Rescue from the Raging Sea", "The Poet", "Death-Destroying Rescue", "Oppa, You Are So Handsome", "The Ruffian Lover", "Money on the Road" " "Love You with All My Heart" (renamed "Fist Mom" ​​or "Punch Mom"), "Shanghai Shanghai" and "Luban Underground Palace".

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

　　According to the civil judgment, on June 8, 2021, Feng Moumou, as Party B, signed the "Movie "Rescue" Income Rights Transfer Agreement" with Party A, Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd.

The film "Rescue" is scheduled to be released in 2021 (Note: "Rescue" has not been released yet, and the latest news shows that it is scheduled to be released on May 1, 2024). Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. reported to Feng that The price for transferring 0.05% of the investment income rights of the project as stipulated in this agreement is 140,000 yuan. After Party B pays Party A, Party B will enjoy 0.05% of the net income rights of the project and become a joint investor in the movie "Rescue" .

　　Later, Feng Moumou signed the "Rescission Agreement of the Income Rights Transfer Agreement of the Movie "Rescue"" (hereinafter referred to as the termination agreement) with Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. Because Feng Moumou took the initiative to terminate the agreement, You must bear a penalty of 30% of the subscription price, which will be deducted from the subscription price.

　　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 fee of 98,000 yuan after deducting liquidated damages.

　　Chang Sha, a partner at Beijing Jingdu Law Firm, said that when the content of the contract violates the law, the contract signed by both parties is invalid from the beginning.

Unless there is a special agreement between the parties, the breach of contract clause is invalid.

Therefore, if this case meets the above conditions, the victim no longer needs to submit liquidated damages and can recover the deducted liquidated damages.

　　"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. After applying for filing of the case, the public security organs will handle it in accordance with relevant procedures."

　　Victims are spread all over the country

　　There are still people who have not reported the crime

　　In order to recover the losses of the people to the greatest extent, the Lanzhou Municipal Public Security Bureau issued the "Lanzhou Municipal Public Security Bureau's Notice on Soliciting Clues for the "8·17" Film and Television Investment Fraud Case" as early as September 26, 2022. However, because the victims of this case are all over the country, and The number of victims is so large that the victims have reported the case one after another, which has affected the trial of the case. As of now, some victims have not yet reported the case.

　　In order to effectively and accurately accuse crimes, protect the legitimate rights and interests of victims, and crack down on criminal activities in accordance with the law, the Lanzhou Municipal People's Procuratorate and the public security organs have recently once again solicited clues about the gang's illegal crimes from the society. It is hoped that those who have the above-mentioned experience of being deceived will come forward in February 2024. Prepare relevant materials and contact the Criminal Police Detachment of Lanzhou Public Security Bureau before the 29th.

　　The notice stated that the reporter needs to bring a copy of his or her ID card (both front and back); copies of the "Agreement on Transfer of Usufruct Rights" ("Joint Subscription Agreement"), certificate of holding of usufruct rights, receipts and other documents; and transfer vouchers; Screenshots of chat records and other relevant evidence materials.

　　The public security organs remind that victims who fail to report to the public security organs within the time limit will be deemed to have given up reporting, and the relevant consequences will be borne by the individual. We hope to tell each other.

　　Film and television investment fraud case

　　How was it deceived?

　　According to previous Metropolis Express reports, as early as 2022, many netizens reported that they were deceived by companies such as Beijing Zhongrui Taifeng Cultural Communication Company and Beijing Eight Millimeters Cultural Media Company for investing in film production.

Among them, someone invested in three movies including "The Monkey King: The Sky-Eating Demon Monkey" and was defrauded of 550,000.

　　Judging from the feedback from netizens, they began to be exposed to film investment projects in March and April 2020, and were defrauded for more than a year.

This is also the characteristic of investment and financial management fraud: the cycle is long and it is difficult to detect in time. When the victim discovers that he has been deceived, the fraud gang has already taken away the money and ran away.

　　It is understood that investment movie scams can be summarized into several steps:

　　1. First, recruit people into the stock investment group. In advance, there will be so-called instructors who will teach stock investment and analyze stocks.

　　2. Later, the instructor recommends film projects to the students in the group, or says that he knows a certain director and has new investment channels.

For the sake of credibility, these actors may have prepared materials in advance, such as filming trailers.

　　3. Inducing people to sign a contract and transfer money or go to the APP to transfer money, maybe in the early stage, because the victim is also trying to invest a little money, and the platform will send some income, and you can also withdraw cash. When the victim is completely convinced and makes additional investment, the platform will collapse. The company is closed and the instructor cannot be contacted...

　　4. Some so-called “instructors” broadcast live broadcasts on social media to attract people to take the bait.

　　The police said that ordinary citizens have no idea about investing in movies. Investing in movies is not just about investing some money, but requires investors to have strong professionalism and risk resistance. They should not rely solely on the project promotion PPTs, movie posters, etc. of film and television companies. The content is to sign an investment agreement.

　　A celebrity starring in a movie was involved in an investment fraud case.

　　Should I be jointly and severally liable?

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

　　There are many well-known actors in the released movies.

For example, the movie "Mai Luren" stars Aaron Kwok and Miriam Yeung; "The Ruffian Lover" stars Shu Qi and Zhou Yiwei; and "The Poet" stars Song Jia and Zhu Yawen.

　　On the 22nd, after the topic "Many celebrities participated in movies involving film and television investment fraud cases" topped the list of hot searches on Weibo, many netizens were concerned about "The movies starring celebrities are suspected of defrauding investors. Should the celebrities themselves be jointly and severally liable?"

　　Lawyer Chang Sha told reporters that as a participant in a movie, whether a star should bear joint liability for the movie's alleged defrauding of investors is a complex issue that requires consideration of multiple factors.

　　First of all, it is important to be clear that the role of stars in film production is usually that of actors. Their job is to perform, not to be responsible for the business and financial operations of the film.

However, if a star is not only an actor, but also participates in the production, promotion or decision-making of a movie, and intentionally or negligently participates in fraud during the process, he or she needs to bear corresponding responsibilities.

　　Secondly, it is necessary to consider whether the star knew in advance that the movie was suspected of defrauding investors.

If a celebrity is aware of the situation but fails to take any action or report it to the relevant agencies, they may be held jointly and severally liable.

If the stars knew nothing about the situation, or had 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 a star should bear joint liability for the film's alleged defrauding of investors needs to be judged based on the specific circumstances.

　　Comprehensive news from The Paper, City Express