| Pyramid scheme, as a cancer tumor on the economic muscle body, the harm it does to the society is evident to the public. Being a police, I am fighting on the front line of crime all the time, especially, the pyramid scheme. I succeeded in cracking one well-known online pyramid scheme, the organization named "Fefans International", owning to my rich practical experience. In this paper, I will talk about my own thoughts about the pyramid scheme in organization, Leadership, crime entity and the procedure.The first part of this paper describes the operation mode of "Fefans International". This organization has the features of being deceptive, using hidden modi operandi and having a vast influence. The detailed analysis of its cash award system revealed the following characteristics:charge of entry fee, deceiving others to partcipate and team payment, etc. In terms of all these features mentioned," Fefans International"can be identified as a pyramid selling organization, conducting pyramid schemes activities. Followed by a brief introduction to determination, register, evidence obtaining, closing the net, arrestment and transfer of proceeding, particularly introduces how to collect electronic evidence and the creation of<Fefans International "MLM case inquiry system> and <"Fefans International" MLM case bank account search system>.The second part mainly analyzes the progress and imperfection of legislation of organization leadership MLM.First of all, an overview of the development process of MLM legislation in our country, namely:the law blank stage; the developing stage with strict restriction; forbid of any form of pyramid selling stage; release of a layer direct selling stage; strict forbid of pyramid selling stage and the criminal regulations stage, five stages all-together. Thereafter, organization leadership pyramid selling is identified as a separate crime and the MLM activities will be dealt with alone, embodying offense penal code settle of modern rule of law spirit, meanwhile, the potential criminals of MLM have been clarified. It did threaten a numember of the MLM activists to a certain degree. In the end, the author points out the imperfection of legislation of organization leadership pyramid schemes, mainly reflected in<Criminal law Amendment Ⅶ>:there is no explicit rules as for the team payment pyramid scheme activities; There is no clear definition for organizations and leaders; The legal proceeding pursuing standard is unscientific, etc. Besides, the MLM activities described in<Criminal law Amendment Ⅶ> and<Forbid MLM Regulation> varied.The third part gives suggestions on how to perfect the legislation of organization leadership pyramid scheme crime. The general idea is better not to modify the penal code, but consummate the judicatory explanation. First, complete the punishment regulations, for the ones serious enough to constitute a crime, should be sentenced by illegal management. Second, the subject of the organization leadership MLM crime ought to be clearly defined. My suggestion is that a set of judicatory explanation be introduced, definitely stipulate: direct or indirect development to log out a personnel at30people or above, both can be identified as leaders of the pyramid selling organization and prosecution should be conducted. Third, further perfect litigation and sentencing standard. Besides, business volume, the amount of profit and other details, as well should be taken into consideration.The forth part focuses on the investigation procedure of the organization leadership MLM crime. For inter-regional pyramid sales cases, a ground-based investigation is recommended. According to the practical experience gained in the<Fefans international case, electronic evidence collection is necessary. Finally, it should be point out that the newly revised<Criminal Procedure Law>13(2):The families of the detained person have to be notified within24hours. It is indeed an progress in human rights protection, but not conducive to MLM crime’s crack, the gang cases as well. |
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