检察官提前介入，指导案件定性取证，最终追加“杜鹃出行链”App涉案金额至1．55亿余元、“挖矿机”涉案金额至1．6亿余元
Early intervention by the prosecutor to guide the case to the characterization of the evidence, resulting in an additional amount of over $155 million for App's travel chain and over $160 million for the miner.
利用“杜鹃”设局敛财3．1亿元
Use the duo to raise $310 million.
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区块链、数字货币、航空、电商、矿机……一个个光鲜亮丽的词语让无数人为之疯狂，投资者们将自己多年的血汗钱换成一台台“挖矿机”，怀揣着金光闪闪的梦想，却又亲眼看着它化为泡影。
Block chains, digital money, aviation, electricity dealers, mining machines... A brilliant phrase drives millions of people crazy about it, and investors change their years of sweat into a “mining machine” with a dream of gold flashing and seeing it turn into a shadow.
周行等人通过航空服务公司，自2018年起推出虚拟币“杜鹃花”，编造“购买‘挖矿机’就可将每日走路的步数转化为‘杜鹃花’在海外市场交易所交易”等谎言，在短短一年的时间内骗取全国多地1000余名被害人钱财3．1亿元。
Through the Air Services Corporation, Xiaoqian and others have since 2018 introduced a virtual currency, the “Douguing Flower”, which, by fabricating the “purchase of a miner,” can transform the daily steps of walking into a `Douguing Flower' trading on an overseas market exchange” and defrauding more than 1,000 victims throughout the country of $310 million in just one year.
7月2日，上海市青浦区检察院办理的这起集资诈骗、非法吸收公众存款案，因检察机关积极履职，凝聚多方合力，切实维护人民群众切身利益，为促进金融市场净化、保障金融市场活力贡献检察力量，而入选“上海检察机关落实‘三号检察建议’优秀案（事）例”。
On 2 July, the Public Prosecutor's Office of the City of Shanghai, in the case of capital fraud and illegal withdrawal of public deposits, was selected as a case in which the Public Prosecutor's Office was active in carrying out its functions, bringing together a number of actors to effectively defend the vital interests of the people and contributing to the promotion of financial market clean-up and the safeguarding of the viability of financial markets.
姐弟二人打下一片天地
The two of us have fallen apart.
周兰和周行是出生在河南省某小镇的一对姐弟，周兰早早外出工作，弟弟周行一路读到硕士。周行毕业后来到上海打拼，于2005年创立了杜鹃航空服务有限公司，公司成立后没多久他便对姐姐说：“你来我的公司工作吧。”于是，周兰成了杜鹃航空服务有限公司副总经理。
Zhou Lan and Zhou Bing, a sister-in-law born in a small town in Henan Province, went out early in the morning to work, and his brother went all the way to Shanghai for a master's degree. After graduation, he created Du Luang Air Services Ltd. in 2005, and shortly after the company was founded, he said to her: “Come and work in my company.” So Zhou Lan became Deputy General Manager of Du Bong Air Services Ltd.
这家公司最初主要从事销售机票、高铁票，以及预订酒店等业务，后来，周行将目光放到了机场服务上，他与全国100多家机场进行合作，派出服务团队给客户提供各种便捷服务，包括代理办理登机、快速通道、电动车接送等。之后，周行又陆续成立了杜鹃商务服务有限公司、杜鹃控股集团有限公司等，最鼎盛的时期，他拥有8家公司。这对从小镇走出来的姐弟二人，在繁华的大都市打下了一片天地。
The company, initially engaged in the sale of airline tickets, high iron tickets, and booking hotels, then focused on airport services, working with more than 100 airports throughout the country, sending service teams to provide easy services to clients, including proxy boarding, fast-tracking, electric transport, etc. After that, the company established Dowun Business Services Ltd., Dudun Holdings Group Ltd., and, at its peak, he owned eight companies.
“这样感情深厚的一对姐弟，却在案发后反目成仇，相互推诿，将自己所犯罪行推到对方头上。”该案承办检察官王胜在对两人分别提审后，对此非常感慨。但无论怎么推诿抵赖，在如山的铁证面前，在数百名被害人的控诉面前，他们都难逃法律的追究。
“A brother and sister, who are so close to each other, have turned against each other after the crime has been committed, pushing one another, and pushing the other.” The prosecutor in charge of the case was very impressed by the fact that the two were tried separately. But, no matter how falsely falsely, they could not escape justice in the face of hundreds of victims' complaints.
为扩大经营产业链，周行于2018年初找到专业软件开发人员刘立国，让其研发了一款“杜鹃出行链”App，在手机上安装这款App，就可以获得杜鹃航空服务有限公司的全方位服务。
In an effort to expand the business chain, in early 2018, Liu Li Guo, a professional software developer, was identified and developed a “Dou Luang travel chain” App, which was installed on a mobile phone to provide full range of services to Du Lu Air Services Ltd.
周行组织了大型宣讲会宣传这款App，邀请著名主持人、专家等来到现场，募集大批“投资人”（多为45岁以上中老年人）参加宣讲会。在宣讲会上，他慷慨激昂地描述“杜鹃出行链”App的优势：“只要下载了这款软件，就可以对接所有的航空公司服务以及其他战略伙伴旗下的资源，比如酒店旅游、餐饮、房地产等，除此之外，这款软件还具有消费智能合约资产配置等功能，是一种交易上的新渠道，它能够重新定义区块链技术在生态实体消费市场中的使用规则，是一款改变未来的软件！”
Zhou has organized a large-scale awareness-raising session on the App, inviting prominent facilitators, experts, etc., to gather a large number of “investors” (mostly older than 45 years of age) to participate in the presentation. At the presentation, he generously described the advantages of the “Douguing Out Chain” App: “As long as this software is downloaded, all airline services and other strategic partners, such as hotel tours, restaurants, real estate, etc., will be able to access resources such as consumer-smart contract asset allocation, a new channel for transactions that can redefine the rules for the use of block-chain technology in the consumer market of ecological entities, a software that changes the future!”
刘立国为这款软件打造了多个“爆点”，比如：会员可以随时提现，充值后可以优惠购买高铁票、机票，可以以内部价拿到杜鹃航空服务有限公司的原始股份……将“杜鹃出行链”App描述成一款可以媲美支付宝和微信的线上消费渠道。
Liu Li Guo has created several “explosive points” for this software, such as the possibility for members to present them at any time, to buy high iron tickets, airline tickets at a discount, and to obtain the original shares of Du Luang Air Services Ltd. at an internal price.
宣讲会现场气氛热闹，参会的“投资人”由于缺乏专业知识，很快就被各种高大上的词汇所吸引，尤其在看到现场展示如何以8折价格买机票、高铁票，还能以低廉价格买到大量商品后，他们纷纷下载该软件并充值。
The event was very lively and the “investors” who participated in it were quickly attracted by a variety of high-profile terms because of a lack of expertise, especially when they downloaded the software and added value after seeing the site show how to buy tickets at a discount of eight cents, a high iron ticket and a large number of commodities at a low price.
2018年6月至12月，周行等人通过“杜鹃出行链”App非法吸收公众存款1．5亿元。周行大喜过望，将刘立国晋升为杜鹃控股集团有限公司技术总监。
From June to December 2018, Xiaoqing and others illegally absorbed 150 million dollars in public deposits through the “Dugang Walking Chain” App.
在大肆敛财之后，周行着手将几家公司转到合伙人杜文辉名下，而他仍在背后掌握着公司的实际运营，杜文辉沦为他的傀儡。
After a great deal of money, Chow started transferring several companies to the name of his partner, Du Wenhui, who was still in charge of the actual operation of the company and who became his puppet.
正因为周行处心积虑地暗留“生路”，该案在被移送审查起诉时，公安机关因在证据采信及案件定性上存在顾虑，难以确定主犯，故迟迟无法逮捕周行。承办检察官王胜认为，周行系涉案单位直接负责的主管人员，有逮捕必要性。
When the case was transferred for examination and prosecution, the public security authorities were unable to arrest him because of concerns about the admissibility of the evidence and the characterization of the case, and because it was difficult to identify the main perpetrators. Wang Sheng, the prosecutor-in-charge, believed that the person directly responsible for the crime was responsible for the arrest.
利用“杜鹃花”疯狂集资
He's using the Doo-doo flower to raise money.
软件运营和人力物力消耗成本，周行的公司很快就入不敷出，他想起了2018年4月认识的费涛。
Software operations and human and material costs were consumed, and the company running out of money very quickly. He recalled Fitato, whom he had known in April 2018.
费涛是一名非法吸收公众存款罪的监外执行对象。2005年他因犯寻衅滋事罪被法院判处有期徒刑一年，2017年又因犯非法吸收公众存款罪被法院判处有期徒刑四年，2018年2月因疾病被法院决定暂予监外执行。
Fito is an ex-officio subject of the offence of illegally absorbing public deposits. In 2005, he was sentenced to one year in prison for the crime of sedition, another four years in 2017 for the offence of illegally absorbing public deposits, and in February 2018, he was suspended from prison by a court decision for illness.
2018年4月末，两人很快达成合作意向，周行承诺在杜鹃控股集团有限公司上市后给费涛20％的股份。
At the end of April 2018, the two parties quickly agreed on a cooperative offer to give 20 per cent of Fito's shares after the Dupang Holdings Group Limited had been listed.
2018年6月起，周行提供平台，将“杜鹃出行链”App中的一项子功能“计步器”交由刘立国开发成一款独立软件，名为“挖矿机”，并宣称推出一种全新虚拟货币“杜鹃花”，即将在国际认可的境外VVBTC交易所上市。费涛负责包装推广，他成立“杜鹃商学院”，前往北京、江苏泰兴、江苏溧阳、湖北孝感、云南文山等地，进行全国范围的巡回宣讲，每月开展一场，每次吸引“投资人”千余名。
Since June 2018, Xiaoqiao has provided a platform for the development of an independent software called a miner in Liu Li, a sub-functional “mechanic” in App's “Douguing Chain” and has announced the introduction of a new virtual currency, the VVBTC, which will be marketed on an internationally recognized foreign exchange. Fito is responsible for packaging promotion, and he has set up the “Dooguing Business School” to conduct a nationwide tour in Beijing, Jiang Su Taiheng, Jiang Su Qiaoyang, Hubei and Yunnan, among others.
费涛带来了亲信唐荣军，安排使用他的银行卡作为集团资金过账渠道，实际上唐荣军在集团内部成为费涛的眼线。费涛还将亲信陆斌安插在周兰手下，共同操作收链、买链。周行则要求周兰将她老公的侄子陈小超吸收进来，负责“杜鹃出行链”App的后台交易，牢牢控制费涛的资金开支。
Fito has brought his close faith in the Tang Wing army, arranged to use his bank card as a channel for group money, and, in fact, the Tang Yong army has become the front line for Fu Tao within the group. Fai Tao has also placed Lu Bin under Zhou Lan’s command to work together in the collection and purchase of the chain.
每到一处，他们都在当地租下豪华星级酒店，安排迎宾、表演、颁奖等一系列流程，甚至专门编写了主题歌《杜鹃之歌》。周行曾经攀登过珠穆朗玛峰并登上峰顶，费涛将他这段经历包装成“珠峰精神”，每次宣讲都着重提出，并标榜其内涵不仅是登上制高点，更在于在登顶之后还能够平安回家，这句“平安回家”戳中了“投资人”的软肋，众人纷纷掏出家底。
At each point, they rent luxury star hotels locally, arrange a series of receptions, performances, awards, etc., and even produce a special theme song, "The Song of Doo". Each time they climbed Mount Everest and reached the top, Fito wrapped his experience into the spirit of Everest, and each time he focused on it and marked it not only as high, but also as having been able to return to their homes safely after reaching the top.
实际上，虚拟货币“杜鹃花”的市值都是由周行等人在暗箱操作。2019年6月，周行称“杜鹃花”交易平台封锁，仅能购买暂时不可卖出，封锁期间，他们在后台进行操作，使得“杜鹃花”的价格从发行价的1元每份上涨至近20元每份。大批中老年“投资人”情绪高涨，通过卖车、卖房、刷信用卡、借款等方式，不断追加投资。
Indeed, the market value of the virtual currency, durians, is operated in a dark box. In June 2019, Cho’s trade platform, known as the durians, was blocked to buy only temporarily unsold. During the blockade, they operated in the backstage, raising the price of the durians from one to nearly twenty.
承办检察官王胜全面审查证据，积极引导公安机关取证，要求提供周行等人宣讲的相关视频、照片等电子数据、视听资料，从而更加有效、直观地指控其罪行。
The Public Prosecutor's Office, Wang Sheng, conducted a thorough review of the evidence, actively directed the public security organs to take evidence, and requested relevant electronic data, such as photographs and audio-visual material, to be made available to him and others, in order to more effectively and intuitively charge him with a crime.
案发后，公安机关原本将“杜鹃出行链”App和“挖矿机”两部分犯罪情节都以非法吸收公众存款罪移送审查起诉。检察官经调查核实，发现所谓海外上市、每日升值等均为杜撰捏造，周行等人故意骗取被害人钱财，非法占有目的明显，检察机关遂变更其罪名为非法吸收公众存款罪、集资诈骗罪。
After the crime was committed, the public security authorities handed over to the prosecution both the “App and the “digger” for the offence of illegally absorbing public deposits. After investigation, the prosecutor found that the alleged overseas listing, daily appreciation, etc., had been fabricated, and that it had been deliberately defrauding the victims of money and illegal possession, and that the procuratorial authorities had changed the offence of illegally absorbing public deposits and collecting funds and fraud.
涉案金额从6000万元到3．1亿元
The amount involved ranged from $60 million to $310 million.
当最后一波“韭菜”入市，周行等人开始收网。2019年8月初，“杜鹃花”突然开始跳水，然而买币的人却依然无法进行交易转卖。截至2019年8月30日，“杜鹃花”跌至每份0．01元。
When the last wave of hyenas entered the market, Xia and others began to close the net. At the beginning of August 2019, the thugs suddenly began to jump, yet the buyers were still unable to trade. By August 30, 2019, the thugs fell to $0.01 per piece.
而此时的杜鹃控股集团有限公司已人去楼空。2019年初，周行等人开始卷走大量资金，周行将1100万余元转至自己名下公司使用，费涛将650万余元转至个人名下，陆斌从自己掌握的资金链中取出440万元交给费涛。2019年4月，唐荣军取现500万元，随后下落不明。
By the beginning of 2019, Xiaoqing and others began to roll up large sums of money, transferring more than $11 million to their own companies, Xiaotao transferred more than $6.5 million to his own name, and Lubin removed $4.4 million from the chain of funds in his possession to Fai Tao. In April 2019, Tang Yung Jun took $5 million, and his whereabouts were unknown.
走投无路的投资者们纷纷来到上海市青浦区检察院上访。承办检察官王胜在短短几月内就收到1000余封上访信，他筛选出357名信访人，逐一进行电话答复。
In just a few months, the host prosecutor, Wang Sheng, received more than 1,000 letters of invitation, screened 357 respondents and responded by telephone.
由于周行等人在出逃前将所有设备内的数据全部清空，公安机关一度无法取证，只能以前来报案的300余人软件内所示的金额6000万余元为准。
Since all the data in the equipment had been emptied prior to the departure of Xia and others, the public security authorities had been unable to obtain evidence at any time and had been able to use the amount of more than 60 million yuan indicated in the software of more than 300 persons who had previously come to report the incident.
检察官提前介入了解情况后，立刻与公安机关召开联席会议，指导调查取证，会同审计人员进行研判，认为涉案金额应当以周行等人实际控制的数家公司对公账户为审计对象，指导并协调审计人员进行调取账户流水并重新审计，最终追加“杜鹃出行链”App涉案金额至1．55亿余元、“挖矿机”涉案金额至1．6亿余元，总计为3．1亿余元，成功固定证据。
As soon as the public prosecutor intervenes to obtain information, he or she organizes a joint meeting with the public security organs to guide the investigation and take evidence. He or she concludes, together with the auditors, that the amount in question should be subject to audit of the public accounts by a number of companies under the effective control of the company, such as the Qianqin and others. He or she directs and coordinates the auditors to collect the water from the accounts and re-audits it. He or she eventually adds the amount in question to the amount in question in excess of 155 million yuan and in the amount in question in the amount of over 160 million yuan in the case of the “digger”, for a total amount in excess of 310 million yuan, for which he or she has succeeded in establishing the evidence.
公安机关将周行等人上网追逃，2020年5月，陆续将唐荣军、刘立国、陈小超、费涛、陆斌等人抓获归案，后杜文辉、周兰、周行相继投案自首。
In May 2020, the public security authorities arrested Tang Yongjun, Liu Li Guo, Chen Xiaohua, Feitao and Lu Bin, among others, and turned themselves in.
落网后的8名主犯拼命抵赖，互相攀咬，这给检察官办案带来巨大挑战。检察官因人施策、分化处理，将8名涉案人员逐一分析研判，以杜文辉为突破口，对其着重释法说理，最终促使其主动认罪认罚。后几名主犯陆续交代罪行，检察官全面把握每名涉案人员的量刑情节，提出量刑建议。
The eight principals who have fallen into the net deny their lives and fight each other, which poses a huge challenge to the prosecution. The prosecutor, for his advice and splitting up the case, analyses the eight persons involved, uses Du Wenhui as the starting point, and focuses on their interpretation and eventually prompts them to confess guilt on their own initiative.
2020年5月18日，上海市青浦区检察院以涉嫌集资诈骗罪、非法吸收公众存款罪对周行等8人提起公诉。
On 18 May 2020, eight persons were prosecuted by the Shanghai City Prosecutor's Office in Qingpu District on suspicion of collecting funds for fraud and illegally absorbing public deposits.
看着一批又一批来访的被害群众，有的人已经倾家荡产，检察机关扣押被告人杜文辉10万元退赃款，扣押费涛用赃款购置的一辆价值约150万元的豪车，力求最大限度挽回被害人损失。截至今年6月30日，累计追赃挽损150万余元。
The procuratorial authorities seized the defendant, Du Wenhui, for the return of $100,000, and seized a limo worth about $1.5 million, purchased with the proceeds of the crime, in an attempt to maximize the damage to the victims. As of 30 June this year, the accumulated recovery had cost more than $1.5 million.
另外，在8名主犯到案后，检察机关又对杜鹃控股集团有限公司各地市场部工作人员作出追诉处理，目前已发出5份追捕追诉书，对24名市场部工作人员作出追诉（并非全部涉案人数，其余仍在查证中），现已到案2名。
In addition, following the arrival of the eight principals, the prosecution brought proceedings against members of the local market departments of Dudun Holdings Ltd., which have now issued five pursuits and brought proceedings against 24 market officials (not all of whom are involved, the remainder are still being verified) and have now reached two.
今年4月23日，本案开庭。庭审过程异常艰难，公诉人与辩护人律师展开唇枪舌剑，连续两天庭审至深夜，最终以大量视频、记录所组成的如山铁证将被告人定罪。
The trial was held on 23 April this year. The trial was extremely difficult, and the prosecutor and the defence lawyer opened their mouths, and the trial lasted two days in a row until late in the night, culminating in the conviction of the accused on the basis of a large number of video and documentary evidence.
发挥检察职能打击非法集资
Carrying out prosecutorial functions to combat illegal fund-raising
至此，检察机关仍未停下前行的脚步。
As a result, the prosecution authorities have not stopped moving forward.
作为全国金融市场体系最完备、金融要素最集中的城市之一，上海金融活动活跃、金融产品多样，这也为检察机关打击金融违法犯罪带来难度。如何防范金融风险？今年6月，青浦区检察院开展以“守护群众钱袋子”为主题的防范非法吸收公众存款、非法集资集中宣传活动，检察干警自发组成“防范非法吸收公众存款、非法集资宣传队”，深入辖区内多个街道进行宣传，并发放宣传手册。
As one of the most developed and heavily financed municipalities in the country's financial market system, active financial activity in Shanghai and a variety of financial products make it difficult for the prosecution service to combat financial crimes. How to prevent financial risks? In June this year, the Qingpu District Attorney's Office launched a campaign to prevent the illegal transfer of public funds and the concentration of illegal funds under the theme “Guarding the Money Bags”.
今年暑假期间，青浦区检察院联合辖区内中小学开展“防非进校园”活动，向教师发放解读非法集资相关法律法规、犯罪手段重要特点等资料，要求由教师向学生进行普法教育，针对性开展普法宣传。
During this summer's holiday, schools and schools in the joint jurisdiction of the Attorney-General's Office of the Pingpo District conducted a “campaign for the prevention of non-admission” campaign, which provided teachers with information on the interpretation of laws and regulations relating to illegal fund-raising, the important characteristics of criminal methods and the need for teachers to educate students about the law and to provide targeted publicity to the law.
同时，青浦区检察院联合金融、财政相关行政部门，对辖区内企业开展以案示警主题座谈会，提醒公司落实人员信息管理、身份核实制度，加大从业人员法治教育力度。
At the same time, the Attorney-General's Office in the province of Yingpu, in conjunction with the financial and financial departments, has conducted a case-by-case warning seminar for enterprises within the jurisdiction, in order to alert companies to the implementation of personnel information management, identity verification systems and to strengthen the rule of law education of practitioners.
这些宣传活动旨在提高社会公众对集资诈骗、非法吸收公众存款类案件的认识，促进群防群治，正确处理稳增长和防风险的关系。截至7月31日，青浦区检察院已开展宣传活动11次。
These campaigns are aimed at raising public awareness of cases of capital fraud, illegal absorption of public deposits, promotion of crowd control and proper management of the relationship between steady growth and risk prevention. As of 31 July, 11 campaigns had been conducted by the Attorney-General's Office of the Qingpu District.
此外，青浦区检察院还立足区位特点，在办理跨区域金融犯罪案件时，联合江苏省苏州市吴江区、浙江省嘉善县等长三角示范区检察院力量，会签一系列关于加强检察机关经济、金融领域工作协作的实施细则，建立起联动执法机制，织牢金融监管“互联网”。
In addition, the Attorney-General's Office of the Qingpu District, based on regional characteristics, has joined forces of the Attorney-General's Office of the High Triangular Model Region in Suzhou, Jiangsu Province, and Jia Sun County, Zhejiang Province, in handling cases of cross-regional financial crimes, and has signed a series of implementing regulations to strengthen collaboration between the Public Prosecutor's Office in the economic and financial fields, set up a joint enforcement mechanism and set up a “Internet” for financial supervision.
（文中涉案公司、人员均为化名）
(The companies involved, the people are all aliases)
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