Promoting governance with cases and safeguarding the rights and interests of the elderly (building a higher level of safe China)

　　In the special campaign to crack down on pension fraud, the people's courts have heard criminal cases that violate the rights and interests of the elderly in the name of providing "elderly care services" and investing in "elderly care projects". Typical Case.

Judging from the pension fraud crimes handled by the people's courts, what are the characteristics of such crimes?

How to help the elderly improve their anti-fraud awareness and ability?

The reporter conducted an interview.

　　Clarify the characteristics of the case

　　Keep an eye on illegal fundraising

　　In April 2016, the defendant Lu registered a company.

However, without the approval of the relevant departments, Lu borrowed the company's name to publicize that after paying the fee, he could enjoy the preferential housing in the elderly apartment by issuing leaflets, holding promotion meetings, etc. Principal and interest, illegally absorbed more than 1.65 million yuan of funds from 51 elderly people.

　　After trial, the court held that the defendant, Lu, violated the provisions of the national financial management laws by distributing publicity leaflets, holding promotion meetings, etc., and promised to repay the principal and interest within a certain period of time, and absorb funds from unspecified elderly people in the society. Huge, his behavior has constituted the crime of illegally absorbing public deposits, and Lu was sentenced to four years in prison according to law.

　　"Judging from the handling of pension fraud cases in recent years, the number of such cases is not large in all criminal cases, but it shows a trend of increasing year by year, and there are some new situations and new characteristics in the means and methods of fraud." Chang Chen Xueyong said that such cases involved multiple crimes, but mainly concentrated on three crimes: fraud, illegally absorbing public deposits, and fund-raising fraud. Among them, illegally absorbing public deposits and fund-raising fraud accounted for about 80%.

　　Chen Xueyong said that although the overall proportion of pension fraud cases in all criminal cases is not high, their nature is bad, the victims are special, and the social harm is very great, which seriously affects the physical and mental health of the elderly and family harmony.

Some cases involving illegal fundraising in the field of elderly care involve a wide range of regions, a large number of fundraising participants, and a huge amount of money involved.

　　Sign contracts carefully

　　Recognize six types of routines

　　From January 2015 to November 2017, the defendant, Shen Mou, raised funds from the public by borrowing money under the guise of investing in some projects and promising high-interest returns as bait.

In the second half of 2016, Shen launched the "Housing for the Elderly" project, which lured investment clients to mortgage their properties to a small loan company to obtain mortgages, and then transferred the mortgages to another company established by him.

Defendant Gu, in order to obtain benefits, knew that Shen absorbed funds from the unspecified public through these two companies, but still lured and helped elderly customers to mortgage their properties to a small loan company to obtain mortgages, and then lent the mortgages to Shen. .

　　As of the incident, Shen had absorbed a total of more than 298 million yuan in funds, causing economic losses of more than 168 million yuan to the fundraising participants.

Gu participated in 17 sets of real estate mortgages and helped Shen absorb 54.5 million yuan of funds.

In the end, the court sentenced Shen to life imprisonment for the crime of fund-raising fraud, the illegal gains were recovered, and the insufficient part was ordered to continue to refund; Gu was sentenced to three years and four months in prison for the crime of illegally absorbing public deposits, and ordered to refund the illegal gains, together with the frozen income. The money will be returned to each fundraising participant in proportion.

　　The case recently released by the Supreme Court is a typical case of illegal fund-raising crimes in the name of housing pensions.

"The 'house-for-care' scam mainly tricks the elderly into signing a loan contract or related agreement secured by real estate mortgages, using the funds obtained from the mortgaged house to buy their The so-called 'wealth management products' introduced, and by means of litigation, arbitration, notarization, etc., illegally occupy the houses of the elderly." Zhang Ruoyao, the judge of the third court of the Supreme Court and Criminal Court, said that the criminals maliciously set up a set and illegally raised funds in the name of housing and pension. So that the deceived elderly people are empty of money and housing.

　　According to Zhang Ruoyao, the behavior of criminals to cover up the reality of fraud and crime in the name of "elderly care" can be classified into six types of routines, including "reserving housing for the elderly", providing "elderly care services", investing in "elderly care projects", and selling "elderly care products" ”, agency “endowment insurance”, “endowment assistance” and other names, defrauding the elderly, illegally raising funds or defrauding money.

　　Strengthen analysis and judgment

　　Do a good job in preventive management

　　"In addition to intensifying trials and punishments, the people's courts have also comprehensively used various means to do a good job in the clearing and transportation of the property involved, the realization of property, the collection of funds, and the liquidation, so as to restore the economic losses of the victims to the greatest extent. Since the launch of the special action, Courts across the country have executed pension fraud cases with more than 2 billion yuan in property." Chen Xueyong said.

　　Local courts have also combined with the actual situation of handling cases to deeply analyze and judge the reasons behind the occurrence of elderly care fraud cases, find out the management loopholes and hidden risks in the field of elderly care, use cases to promote governance and construction, and establish and improve preventive governance and protection of the rights and interests of the elderly. Long-term mechanism.

By the end of July, people's courts at all levels had sent more than 400 judicial suggestions.

　　"The public, especially the elderly group, must fully understand the means of pension fraud and its harm, and continuously improve the ability to recognize fraud and prevent fraud, so as to maximize the space for criminals to defraud." Zhang Ruoyao said.

　　The people's court reminded that when choosing a variety of elderly care services, it is necessary to choose elderly care enterprises and institutions with formal qualifications.

When investing in pension projects and purchasing pension products, you should think more and discuss more with your children. Don't believe in the so-called "high rebates" and "high-priced repurchase" propaganda, consciously resist the temptation of high interest rates, and always maintain rational investment and rational consumption.

In addition, when applying for endowment insurance, it is necessary to learn more about national and local policies through government websites, neighborhood committees, village committees, etc., and handle according to laws and regulations.

　　Our reporter Ni Yi