[Case Summary]This case is a criminal prosecution case of illegally absorbing public deposits. Liu Dashan, upon the recommendation of others, invested all his life savings of more than 500,000 yuan in the "XX Dividends" financial product of a company without a financial license. The company illegally absorbed public deposits of more than 190 million yuan, involving more than 3,000 people. After failing to protect his rights through multiple attempts, Liu Dashan entrusted the Beijing Henglu Law Firm to handle the case for him.Yuan HangThe lawyer represents the criminal charges. The lawyer sorts out the evidence to form a complete chain of accusations, drafts the "Criminal Charge Letter" and requests that the involved company and Wang Zhiqiang be investigated for the crime of illegally absorbing public deposits, and that Liu Shufen and her husband be investigated for the crime of fraud. Later, the county public security bureau officially launched an investigation and issued an official announcement, ordering the repayment of illegal proceeds. The core controversy is how to channel the financial losses of what seems to be a civil dispute into criminal prosecution. Applicable legal provisions: Article 176 of the Criminal Law (Crime of Illegally Absorbing Public Deposits) and Article 266 (Crime of Fraud).
I. Review of the Case
"Can the police file a case if an elderly person is cheated by a financial fraud?" and "How can victims of illegal public deposit-taking cases protect their rights?" are frequently asked questions by victims. In 2014, Wang Zhiqiang established a Shanxi branch of his company without a financial license. Using financial products such as "B Equity Investment Fund" and "XX Dividends" as bait, he promoted "low risk, high return" to the public, especially the elderly, and signed agreements to absorb funds under the guise of "creditor transfer". By 2019, the amount of illegally absorbed public deposits exceeded 190 million yuan, and the number of victims exceeded 3,000. Liu Dashan was introduced to the company by department manager Liu Shufen and invested more than 500,000 yuan. Starting from 2019, the company delayed repayments, and in 2020, the company's capital chain broke down and the responsible person "disappeared". Liu Shufen and her husband even turned against each other and threatened Liu Dashan with a kitchen knife. At the end of 2024, Liu Dashan was introduced to someone else for help.Yuan HangAttorney.
II. The focus of the case
- Focus 1: The classification of civil disputes and criminal offenses.Financial losses are often mistaken for civil loans, and it is necessary to prove that they meet the "four elements" of the crime of illegally absorbing public deposits and the elements of fraud.
- Focus II: Evidence from fragments to chains.It is necessary to organize four categories of evidence, including identity, contracts, fund flows, and company information, in order to establish a complete and conclusive case against the accused.
- Focus Three: Prosecution of multiple charges in parallel.A case of non-absorption was filed against the company and Wang Zhiqiang, and a case of fraud was filed against Liu Shufen and her husband, with the aim of holding them accountable to the greatest extent possible.
III. Professional intervention by Hengluo Lawyers
The victim (the complainant) claimed that:Liu Dashan alleged that XX Red Benefit Company, which lacks a financial license, illegally solicited funds, and that Liu Shufen and her husband fabricated facts to defraud him of over 500,000 yuan and threatened him. He requested that a case be investigated and prosecuted for the crimes of illegally absorbing public deposits and fraud, and that the defendants be ordered to make restitution.
Defendant's position:The involved company collected money under the guise of "private lending" and "financial management", attempting to shift the responsibility to the civil sphere.
Hengluo Lawyer's Agency Opinion:Yuan HangThe lawyer clearly determined that the case involved the crime of illegally absorbing public deposits and the crime of fraud, and carried out the core work: first, sorting and fixing evidence, collecting ID cards, contract agreements, WeChat and bank transaction records, and photos of the company's business address; second, accurately drafting the "Criminal Complaint Letter", demonstrating the four elements of "illegality, publicity, inducement, and sociality" of the crime of illegally absorbing public deposits and the element of "illegal possession for the purpose of fraud"; third, accompanying the complainant throughout the process and explaining the relevance of the evidence; fourth, submitting the "Application for Notification of Case Progress" to continuously promote the case.
- Three charges are requested: to initiate a case against XX Dividend Company and Wang Zhiqiang for the crime of illegally absorbing public deposits; to initiate a case against Liu Shufen and Zhou Lixin for the crime of fraud; and to order them to return the funds of more than 500,000 yuan
- Accompanying them to submit the materials, I pointed out that the POS machine directly deposits the money into the company's account, and the agreement is essentially a disguised way of attracting deposits. There are more than 3,000 people involved, which exceeds the number of specific targets allowed by regulations
- After communicating with the public security organ on multiple occasions and submitting supplementary evidence and legal opinions, we pushed for the case to be filed
IV. Outcome of the case
The Post County Public Security Bureau officially opened an investigation into the case, and included the Beijing A Wealth Shanxi Branch and Wang Zhiqiang, who were suspected of illegally absorbing public deposits, as well as Liu Shufen and her husband, who were suspected of fraud, in the scope of the investigation. In June 2025, the County Public Security Bureau issued an official notice, requiring unreported victims to submit evidence, ordering the involved personnel to return their illegal gains, and explicitly stating that they would be severely punished according to the law. From the accusation to the initiation of the case, the case has brought hope for justice to Liu Dashan and other victims.
5. Henglu Law Firm's Reminder
Facing the "low risk and high return" financial trap, victims often find it difficult to file a case due to scattered evidence. It is recommended to entrust a professional criminal lawyer as soon as possible to sort out the evidence and draft the accusation documents. This case is handled by Beijing Henglu Law Firm.Yuan HangThe lawyer (practice license number: 11101202110286151, subject to the document issued by the judicial administrative organ) acts on behalf of the victim, relying on Articles 176 and 266 of the Criminal Law, to pave the way for criminal prosecution against the perpetrator.
VI. Frequently Asked Questions about Cases of Illegally Absorbing Public Deposits
- Q: Can I file a criminal case if I've been scammed in financial management?
A: If the company does not have a license, publicly advertises, promises guaranteed high interest rates, and raises funds from unspecified individuals, it may be suspected of illegally absorbing public deposits, which can be criminally prosecuted and investigated. - Q: How to distinguish between non-addiction and fraud?
A: Non-absorption refers to the illegal absorption of public funds, while fraud refers to the fabrication of facts to illegally possess property. The two can coexist and are subject to different criminal charges respectively. - Q: How can victims of illegal public deposit-taking cases protect their rights?
A: Hire a lawyer to organize contracts, transaction records, and other evidence, draft a criminal complaint, accompany you to report the case, and urge the public security organ to initiate an investigation. - Q: Can I get my money back after the case has been filed?
A: The public security organ may order the suspect to return the illegal income. It is an important way to hold the suspect accountable and recover the losses. - Q: When do criminal defense lawyers in Beijing get involved in a case?
A: It's best to fix the evidence and prepare the documents before reporting the case, which can significantly improve the efficiency of case acceptance and filing.