Swinging a knife to fans to cut "leek" financial big V was prosecuted by Pudong Procurator to reveal the "business experience" behind its brilliance

□ Our reporter Yu Dongming

　　□ Zhang Haiyan, a trainee reporter of this newspaper

　　"It's closed." This is the last Weibo post from the financial blogger "@徐晓峰in Shanghai" with more than 4 million followers. The time is fixed on July 7, 2021.

　　Recently, a reporter from the "Rules of Law Daily" learned from the People's Procuratorate of Pudong New Area, Shanghai that Xu Xiaofeng has been prosecuted by the procuratorate for the crime of false advertising, the crime of helping network information criminal activities, and the crime of illegal business operations.

　　When the investigation agency requested approval for the arrest, it was only found that Xu Xiaofeng knew that an OTC sub-warehouse system violated national financial management regulations to conduct illegal futures trading, but still colluded with others and used the influence of bloggers to publicize and promote on the Weibo public platform. Attracting customers to invest and charging commissions is suspected of illegal business operations.

After the procuratorial organs intervened, they found that Xu Xiaofeng's crimes were far more than these...

　　Yu Lin, the undertaker of the Pudong New Area Procuratorate, was interviewed by reporters to reveal the "business experience" behind the bright identity of the financial V.

Illegal business leads to the case in the case

　　On the 23rd day after Xu Xiaofeng's last Weibo post, the Pudong Branch of the Shanghai Public Security Bureau detained Xu Xiaofeng on suspicion of illegal business operations.

　　After verification by the police, the "SSE 50ETF" and "SSE ETF Options" recommended by Xu Xiaofeng are all illegal futures trading platforms.

　　That is to say, Chen Ming and others used the influence of Xu Xiaofeng and other big V to attract fans to open accounts and trade in the above-mentioned warehouse software. The core "options trading scenario".

　　"This trading software is a warehouse-sharing software, which is definitely not formal, because a similar warehouse-sharing system has been punished by the China Securities Regulatory Commission before." Xu Xiaofeng confessed.

Xu Xiaofeng is a financial blogger who also holds a private equity fund manager license and has the corresponding financial knowledge. He knew that the use of the OTC sub-warehouse system violated the national financial management regulations, but for personal interests, he still did not hesitate to "wow" to his fans. Knife" and cut the "leek".

　　According to reports, Xu Xiaofeng charges a commission of about 20 yuan per order.

In order to earn commissions, Xu Xiaofeng also asked his team's employees to promote this product in the live broadcast room, and solicited customers to invest and participate in futures options trading through his customer service staff.

After the audit, Xu Xiaofeng involved 12 agency accounts, the amount involved was more than 16 million yuan, and his personal illegal income alone was as high as more than 2.5 million yuan.

　　This is not Xu Xiaofeng's only "business experience".

After his arrest, a large number of investors reported to the procuratorate that in addition to OTC options, Xu Xiaofeng also posted investment and stock recommendation advertisements on Weibo many times, and provided links to attract investors to add their recommended social accounts for invest.

Some fans listened to the propaganda and added social accounts to invest. They found that they had been deceived. After reporting the situation to Xu Xiaofeng, he ignored it and continued to publish the same advertisement.

　　"If Xu Xiaofeng knows that his fans have been deceived by his own advertisements and continues to publish them, then he is suspected of a crime of helping information network criminal activities, and may also constitute a crime of false advertising." The prosecutor told reporters, "Both crimes involve advertisements. , but the main difference is that the crime of helping information network criminal activities is to provide advertising promotion for others knowingly using the information network to commit crimes, while the crime of false advertising is that advertisers, advertising operators, and advertising publishers violate state regulations by using advertisements to promote goods or products. The service does false advertising.”

Comprehensive review to sort out the evidence chain

　　"I'm just an ordinary person without a technical background. I just forward the content edited by the intermediary, and I can't judge the specific object the link points to" "I haven't verified the content of the advertisement myself, and I don't know that the advertisement is a fraudulent advertisement"... From In Xu Xiaofeng's mouth, the prosecutor only heard an excuse.

　　In the face of the suspect's flat denial, the prosecutor did not give up.

Yu Lin and her assistant guided the investigation agency to collect objective evidence in a targeted manner. They successively obtained all financial advertisement lists and WeChat chat records released by Xu Xiaofeng from 2019 to 2021, and visited investors to obtain bank, Alipay, and WeChat transaction flow. Wait.

　　Based on the advertisement records retrieved, the procuratorate found that Xu Xiaofeng had published financial advertisements 60 times in total, and confirmed the advertisements suspected of telecommunication network fraud based on the principle of "links to the same server within a continuous period of time are the same advertisements" after restoring the domain name with short links. Articles (47 times), and 3 articles (13 times) of suspected false advertisements.

　　"We also retrieved and restored Xu Xiaofeng's relevant chat records in accordance with the law, and found out his communication with advertising agencies. In addition, he was banned from the Weibo platform many times for publishing financial advertisements in violation of regulations. After defrauding the information, not only did not remove the advertisement, but also used the so-called reminder method to 'exempt liability' and continued to publish advertisements with the same link, which is enough to determine that the published advertisements are suspected of telecommunication fraud, and there is malicious evasion of the law. ." Yu Lin said.

　　In the end, the procuratorial organs, through the above evidence, determined that Xu Xiaofeng subjectively and knowingly published fraudulent advertisements, but in order to obtain high advertising commissions, he still published illegal advertisements repeatedly, and his behavior constituted the crime of helping information network criminal activities.

　　In this "Business Book", Xu Xiaofeng relied on collecting money to provide advertising support for fraud crimes, and obtained rich returns. Each advertisement increased from 20,000 to 30,000 yuan at the beginning to 50,000 yuan, only from one advertisement that was identified as an online fraud. On the illegal profit of 390,000 yuan.

　　Xu Xiaofeng initially claimed that he did not know about the other three advertisements involving false stock recommendations.

　　"Then, why do you claim that these accounts are your 'old friends' and 'good friends' in the advertisement?" Under the relentless questioning of the prosecutor, Xu Xiaofeng admitted that the purpose of publishing the advertisement was to earn advertising fees. As for the content, he did not verify it. Authenticity, so-called old friends and stock speculators do not exist either... According to this, Xu Xiaofeng illegally obtained more than 190,000 yuan in advertising fees.

　　After repeatedly interrogating and fixing the above-mentioned evidence, the prosecutor contacted the Advertising Department of the Market Supervision Administration to conduct a specific study and judgment on the content of the three financial advertisements published by Xu Xiaofeng, so as to determine that he provided falsely without verifying the authenticity of the links. The identity and ability of the service provider induce others to have a wrong understanding of the advertiser's stock recommendation ability, trading ability, and credibility, and the illegal income reaches more than 100,000 yuan, which constitutes the crime of false advertising.

Strengthen supervision to prevent similar cases

　　After sorting out a lot of evidence, the procuratorial organs found that Xu Xiaofeng constituted the crime of illegal business operation, and illegally profited more than 2.5 million yuan; the crime of helping information network criminal activities, illegally profiting more than 390,000 yuan; the crime of false advertising, illegally profiting 19 million yuan.

　　Faced with a sound evidence system, Xu Xiaofeng went from the initial plea of ​​not guilty to confessing the facts of the crime, and finally signed a voluntary plea agreement.

　　While undertaking the case, the prosecutor also paid attention to the prevention of such crimes.

　　"When big V and other public figures are intoxicated by fans' pursuit, they must always remind themselves of their social responsibilities as public figures, be in awe of the law, and take responsibility for reviewing the goods or services they want to endorse and promote. It is not only responsible for the fans, but also for their own protection." The prosecutor said.

　　With the rise of the Internet economy, more and more bloggers and Internet celebrities advertise on their accounts or "bring goods" in other ways, resulting in the damage of fans' rights and interests.

　　In this regard, prosecutors reminded that some anchors and big financial Vs cannot "take money to send links" without verification, or promote them, especially for financial products.

Financial advertising is an important channel for financial consumers to understand financial information and products. Criminals use self-media traffic to package and publicize illegal and criminal activities, causing huge losses to the public’s property, disrupting financial management order, affecting social stability, and serious circumstances. shall bear criminal responsibility according to law.

　　Regarding public platforms, the procuratorial organs suggested that although the platform economy is a traffic economy, the Internet is not an illegal place. Internet platforms should undertake the obligation of information network supervision, and should do a good job in the compliance review of information release, and should not neglect to liven up traffic. Review and supervision have become the breeding ground for illegal crimes, otherwise, they should also bear corresponding legal responsibilities.