Over the years, the Internet and social platforms are full of all kinds of fraudulent so-called film and television financing projects. Compared with other financial fraud cases, these fraudsters promise investors high interest returns, short-term profits, and dividends after box office, which are very attractive. There are quite a lot of investors who have been cheated out of real gold and silver.
Star star, triple investment income
Do you have a heart attack?
If someone told you that you had the opportunity to invest in a movie with a production of 260 million yuan, starred by a popular star, produced by a well-known film and television company, and the box office is expected to exceed 2 billion yuan, would you be excited?
Mr. He from Shanghai is excited.
In early 2019, Mr. he got to know a film and television investment agency through social software, and learned about the above film and television project investment. The expected box office of this film is conservatively estimated to be 2 billion yuan. With an investment of 1 million yuan, 3.6 million yuan can be obtained. The opportunity is really rare, the agency told Mr. He
Mr. He quickly signed an investment agreement and invested 500000 yuan to obtain 0.25% of the copyright income of the film.
Mr. He, who thought he was just a failure in his investment, later found on a website forum that many investors had the same experience with him, and all of them were the situation that the production cost was several times higher than that of the general box office.
According to the official microblog of Shanghai Public Security Bureau, police through Train Shanghai disclosed: recently, after careful investigation, Shanghai public security organs have successfully cracked the first super contract fraud case in this city, which fraudulently increases the production cost of film and TV series, exaggerates the expected box office income, and swindles investors investment funds. Three suspects including Bao are arrested, and a large amount of cash and propaganda scripts are seized on the scene The amount is more than 45 million yuan, involving more than 260 investors from all over the country.
The reporter learned in the interview that in recent years, many so-called film and television companies, under the guise of film and television investment, claim that crowdfunding will invest in a good film, and after the box office is good, you can sit and wait for dividends. In fact, it is a fraud carried out by criminals who take advantage of the publics ignorance of film and television investment.
For example, in June this year, a large bank published a number of fraud risk events in the name of film and television investment. It turned out that, for a period of time at that time, the banks business outlets in Anhui, Shanghai, Xinjiang and other places had different elderly customers come to ask for remittance to a film and Television Co., Ltd. in Zhenjiang for the purpose of investment in film and television.
Finally, in the bank staffs dissuasion, these remittance customers terminated the remittance, avoided the capital loss.
Whats the bad news? There is no pie in the sky
In recent years, film projects have indeed seen a lot of hot money, with a high rate of return on investment. But at the same time, we should also see that the film itself is difficult to evaluate, and even senior practitioners in the film and television industry are difficult to accurately estimate the box office of the film. Well known old film and television companies often lose money when they invest in films. Zhang Chunjie, a lawyer with Beijing Yinghe law firm, told reporters.
At present, the fraud means of film and television investment are constantly renovated: raising funds in the name of mass production of films, or raising funds in the name of transferring investment shares and copyright shares, or pretending to be the film producer to make up the relevant subject qualification, shooting qualification, film release license, etc.
It is understood that compared with the investment tools well known by the public, the current film and television investment is still relatively small, the information transparency is not high, and the film and television investment is more complex. Even if the film project is real, for ordinary people, where to invest and how much income Its hard to tell the truth from the false.
Taking the above-mentioned Shanghai police case as an example, according to the police investigation, in September 2018, the criminal suspect Bao set up a film and television company, and first purchased 18% of the box office revenue right and the right of signature of a film from a film producer. However, both parties clearly agreed that baomous company shall not transfer its shares or use it for financing without authorization, otherwise it will no longer enjoy the box office income right of the film.
However, after that, Bao and others violated the agreement, carefully designed and arranged the script, and wantonly recruited investors. Under the cover of the agreement signed with the producer, Bao confused the concepts of copyright and box office earning right, attracting investors to buy the so-called income share and defraud funds.
According to the information disclosed by the Shanghai police, in this case, Bao and others defrauded the property of the other party in the process of signing and performing the contract for the purpose of illegal possession, which has violated the provisions of article 224 of the criminal law of China and is suspected of contract fraud. At present, the case is under further investigation.
In fact, in more cases, many investors are faced with the difficult situation of obtaining evidence after being cheated.
It is difficult for investors to protect their rights, mainly because film investment belongs to economic contract behavior and belongs to high-risk investment industry. When a case breaks out, it is difficult for the police to distinguish between economic disputes and criminal acts, normal market losses or losses caused by fraud. Zhang Chunjie said that the difference between a civil case and a criminal case lies in whether there are criminal acts such as illegal fund-raising and intentional fraud.
Zhang Chunjie also told reporters that the transfer of income right and premium of film project investment share is common in the normal and legal operation of the film and television circle. It does not mean that such transfer is illegal, but the subject of transfer is generally the company.
The high rate of return advertised by fraudsters is generally not dozens of percent, but several times the premium, and the rate of return in their mouth is even higher than that of P2P. Where is the good thing that the pie falls from the sky? Zhang Chunjie reminded that film and television investment has the characteristics of strong professionalism and high risk. For ordinary people who do not have experience and ability and are not rich in capital, they are not recommended to directly participate in the investment.