One hundred and sixty-one judicial proposals cut off black hands reaching out to the elderly
Guangdong courts gather strength to build a "firewall" for pension fraud
□ Our reporter Zhang Ningdan
□ Correspondent of our newspaper Yuqing Chen Kangxiu
"I was introduced by a friend to a real estate company located in a square in Nancheng District, Dongguan, Guangdong. Under the temptation of high returns, I invested a total of 90,000 yuan, but they left the building after a few months." Uncle Zeng, a citizen of Dongguan Recalling the experience of being cheated is still regretful.
It turned out that Uncle Zeng met Liu, the owner of the real estate company, through a friend's recommendation.
Liu used high interest returns as a lure to attract investors, falsely claiming that the investment funds were used for investment projects in the Chebaling Tourist Area in Shaoguan, Guangdong, and tricked 59 elderly people, including Uncle Zeng, into buying his fictitious investment and wealth management products for a total of 230 yuan. More than ten thousand yuan.
In addition, Liu also set up a P2P financing platform on the Internet, absorbing more than 7.2 million yuan of investment from the public, including the elderly.
In March this year, Liu was sentenced to 15 years in prison, deprived of political rights for one year, fined RMB 600,000, and the actual economic losses of the victims of the case were refunded by the court for the crime of fund-raising fraud and illegal absorption of public deposits.
After the case was concluded, the Intermediate People's Court of Dongguan City issued a judicial proposal to the Dongguan Market Supervision and Administration Bureau: It is recommended to give full play to the market supervision function, and to make full use of the registered market players involved in elderly care services in the whole city, especially those involved in elderly care investment and the provision of elderly care services. Sorting out and checking the market players and related advertisements of services, health food or medicines, and transferring illegal clues to judicial organs in a timely manner for possible violations and crimes.
This is a microcosm of the joint governance of Guangdong courts through judicial advice and functional departments to plug the loopholes in the supervision of market players.
In recent years, telecommunication and network fraud, investment and wealth management fraud, and sales fraud have targeted the elderly. Guangdong courts have taken the initiative to issue judicial decisions involving market supervision, pension insurance, and personal information protection based on the hearing of cases involving the elderly being defrauded. 161 proposals were made to effectively block the information chain of defrauding the elderly, and played a positive role in cutting off the "black hand" of defrauding the elderly.
Strengthen the supervision of investment projects
"Criminals use 'high returns' and 'high returns' as bait to openly operate in the society in the name of financial investment companies, health care companies, etc., which is relatively deceptive." Ye Ying, Dongguan Intermediate People's Court, said that these people are blatantly open. Stores, use high interest rates to lure, or distribute small favors such as free eggs, noodles and other daily necessities to deceive the trust of the elderly.
How to supervise these investment and financial management, pension institutions and other market entities that are prone to defrauding the elderly?
Ye Ying has been thinking.
After the case of Uncle Zeng being cheated was concluded, the Dongguan Intermediate People's Court issued a judicial recommendation letter to the Dongguan Market Supervision Administration. After receiving the judicial recommendation, the latter immediately launched rectification actions.
The "Rule of Law Daily" reporter saw from the bureau's account of the implementation of the court's judicial recommendations that the bureau has successively screened various entities and There are more than 7,000 high-risk companies and institutions online, and a special account for the circulation and investigation of elder-related fraud clues has been established.
"Combined with the court's judicial advice, we established a risk management and control list, and clarified the fraud risk levels of relevant institutions and enterprises one by one for the problem clues in the ledger, and carried out hierarchical and classified disposal. Behavior, strictly handle the case according to the law at the first time, and better protect the "pockets" of the elderly." The relevant person in charge of the Dongguan Municipal Market Supervision Administration said.
Ye Ying suggested that for investment projects that can obtain high returns in a short period of time, the elderly must be vigilant, inform their children of the situation as soon as possible, or consult relevant government authorities, and do not sign pension or financial management agreements lightly, let alone Make large transfers.
The reporter learned that Guangdong courts have issued 32 judicial recommendations to relevant departments for the market players in the high-incidence field of pension fraud, taking source governance as an important part of rectifying pension fraud, increasing the review and supervision of pension projects, investment and wealth management projects, etc., through Joint governance with functional departments to jointly tighten the regulatory barriers of market entities.
Protect the information security of the elderly
Nowadays, the senior citizens enjoy "touching the Internet" and actively embrace digital life, and the elderly spend more and more time online.
Relevant data show that more than 50% of the elderly spend more than 3 hours online every day.
The reporter found that due to the lack of awareness and network knowledge of the elderly to prevent fraud, some lawbreakers use communication tools, the Internet and other technical means, according to the characteristics of the elderly, such as concern about personal health, weak information retrieval ability, and desire for emotional care. Make a "script" and set up a routine step by step to defraud the elderly of their money.
The first step for these criminals is to find a way to obtain data information related to the elderly.
Not long ago, the People's Court of Conghua District, Guangzhou City concluded a case of illegally obtaining the information of the elderly for fraud.
From May to July 2021, Zhang, a staff member of a supply chain technology company in Guangdong, logged in to the account of a webmaster of a sales department without authorization, and privately queried and obtained more than 1,700 pieces of recipient express information in large quantities in the logistics information system.
Zhang sold the obtained personal information to Gan, the defendant who engaged in pension fraud, and made a profit of more than 19,000 yuan.
Gan and others set up a fraud gang, using the purchased personal information of the elderly, pretending to be a team of health care product experts, recommending "symptomatic" "precious medicinal materials" to the elderly, defrauding 935 victims of 4.348 million yuan.
The Conghua court sentenced Gan to 15 years in prison for fraud and infringement of citizens' personal information, fined him RMB 520,000, and refunded the victim's actual economic losses.
Zhang was sentenced to six months in prison in another case, fined RMB 20,000, and his illegal gains were confiscated.
"The courier can easily obtain the recipient's information in violation of the regulations, which shows that there are loopholes in the company's confidentiality supervision." Li Jingmin, the judge of the case and the judge of the Conghua Court, told reporters that combined with the trial of a Gan case, it was found that the logistics company had hidden information security risks. The Conghua Court subsequently Issued a judicial proposal to the involved supply chain technology company.
Judicial advice pointed out: the company has loopholes in the confidentiality of user information, and internal supervision is not in place.
It is recommended to encrypt and protect user privacy information to prevent the collection, use, and dissemination of customer information through bad channels or system loopholes.
At the same time, strengthen internal supervision, implement qualification access for couriers, incorporate them into the personal credit reporting system, provide user information security education and training for courier employees, sign a letter of responsibility for breach of contract for leaking information, and carry out publicity and education on the rule of law to make courier employees aware of It is an illegal and criminal act to disclose and resell user information.
After receiving the judicial advice, the legal department, safety investigation department and other departments of the company involved in the case immediately carried out verification and rectification, and those involved in crimes were transferred to the judicial authorities.
The company also set up various upgrading measures such as "security officer" and joint responsibility mechanism, and established a "firewall" of citizens' personal information to block the criminal chain.
Based on the cases he has undertaken, Li Jingmin suggested to the elderly: Do not believe in marketing, do not disclose personal information lightly, and when you find that personal information has been illegally collected by others, ask the other party to delete it in time, and report to the industry and commerce, public security and other departments if necessary.
The reporter learned that in addition to the Conghua Court, the Guangzhou Intermediate People's Court and the Huicheng District People's Court of Huizhou City have also taken active actions and issued relevant judicial recommendations to telecommunications, network platforms and other industries and related companies, suggesting that special measures against illegal collection of personal information should be strengthened. It is the supervision and punishment of the information of the elderly, and effectively blocks the information chain of defrauding the elderly.
Strengthen the publicity of social security rule of law
The basic pension insurance for employees is an important system to achieve "care for the elderly". Many criminals take advantage of the elderly's ignorance of relevant policies and regulations, and commit crimes against the elderly under the pretext of handling "endowment insurance" on behalf of related parties and in violation of regulations.
In May of this year, the People's Court of Shunde District, Foshan City concluded a case of defrauding an elderly person under the guise of knowing a social security worker.
The defendant, Xu, falsely claimed that he knew the staff of the Social Security Bureau and had a "special channel" to apply for social pension insurance through supplementary payment.
From 2018 to 2020, Xu deceived the trust of the elderly Liao by providing false social security staff WeChat, and used social pension insurance to continuously purchase, "pay more and get more", buy new houses to receive subsidies, tax rebates, treat guests and give gifts Using other tricks, he defrauded Liao for a total of more than 1.88 million yuan in more than 20 times.
In March 2021, Xu was captured by the public security organs.
In May of this year, Xu was sentenced to 12 years in prison by the court, fined RMB 200,000, and ordered to refund all fraudulent proceeds.
"This case is a typical criminal case of infringing upon the legitimate rights and interests of the elderly in the name of 'endowment insurance' on behalf of an agent. ''Pension insurance', etc., to defraud the elderly of insurance premiums, material fees, and benefit fees." said Wu Ruiqing, the judge of the Shunde Court who undertook the case.
Wu Ruiqing found in the case that many elderly people should have learned about urban employee pension insurance policies through the human resources and social security department, but they always thought that "special channels" were faster, which eventually led to money being cheated and personal pension insurance payments terminated.
In connection with this case, the Shunde Court issued a judicial suggestion to the civil affairs and human resources and social security departments of Shunde District: It is recommended to find out whether there are loopholes or irregularities in the working mechanism in the process of implementing the pension insurance policy, and go deep into the community and villages to carry out social pension insurance Publicity in terms of policies encourages and guides those who meet the conditions to go through the formalities as soon as possible, and interprets the law for those who do not meet the conditions.
After receiving the judicial advice, the Human Resources and Social Security Department of Shunde District immediately inspected the social security handling business, and launched a social security policy publicity at the district, town, street, and village levels, and promptly announced to the public the policy, process, and procedures for paying social security fees. Regularly release risk warnings and early warning information to the public.
Wu Ruiqing reminds the elderly: When applying for pension and medical insurance, you should understand national and local policies and regulations through relevant departments, communities, village committees and official websites, and go to relevant departments to handle them in accordance with procedures and regulations. Don’t easily believe that others can handle pensions on your behalf insurance and pass the cost to someone else.
If you know that you do not meet the conditions for handling, do not attempt to violate the regulations by "finding connections" or "going through the back door", and do not believe in lies such as saving money through acquaintances, so as to avoid giving criminals an opportunity.
Statistics show that courts in Guangdong have concluded 17 cases of defrauding the elderly under the guise of social security agents this year, accounting for 9.5%. Courts across the province have issued 15 judicial suggestions on publicizing social security policies and regulations to local human resources and social security bureaus.
In addition, since April this year, Guangdong courts have organized 483 community law-enhancing activities.
At the same time, 52 typical cases were released, and the total number of hits on the network of various anti-fraud news reports reached 180 million. The multi-directional and three-dimensional publicity activities created a strong anti-fraud atmosphere for the whole people.
(Rule of Law Daily)