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Business cooperation or disguised loan sharking

Currently, there are a series of cases of using loan support tricks to conceal fraudulent acts of appropriating assets through capital mobilization activities, business investment cooperation... showing that the common point is that criminals use tricks to "hide" capital contribution contracts, investment cooperation to deceive authorities, "draw" large-scale, but "virtual" investment projects, preying on gullibility, greed, "blinding" investors with especially high interest rates... In case you need advice, please contact Apolo Lawyers via email at contact@apolo.com.vn or hotline: (+84) 903 419 479 for the best advice and support.

1. What are capital mobilization and business investment cooperation?

There are several capital mobilization strategies now in use in the corporate world. The process by which a company looks for the funding required to finance and continue its operations is known as capital mobilization. Within the realm of finance, capital mobilization encompasses the collection of funds from the enterprise as well as loans from banks or other lenders.
An essential component of financial management is capital mobilization, particularly when a company needs funds to grow its operations, engage in new ventures, or deal with emergencies. Ensuring that the company has adequate money to run efficiently and sustain sustainability in a turbulent economic climate is the major objective of this procedure. Investment cooperation is an agreement between parties on the contribution of assets and efforts to perform a certain job. Before participating in investment cooperation, the parties need to agree with each other to clearly divide profits and assets without establishing a new economic organization.

2. Forms of disguised lending through capital mobilization activities and business investment cooperation

The common point is that criminals use many sophisticated and systematic tricks to exploit the gullibility and greed of investors about sky-high interest rates to call for investment participation and then appropriate money. Among them, typical tricks and tricks are often seen such as:

“Drawing” large-scale investment projects, but in reality they are “virtual” projects

To attract investors, subjects often draw up large investment projects associated with business methods, investments with technological elements, and ecosystems covering all fields, but in reality there are no business activities.

Blinding investors with commitments to pay “super high” profits and “huge” bonuses

To get investors to put money in, the subjects take advantage of the gullibility, trust, and greed of many people, making huge profit commitments from 20-30%, in some cases up to 50-70% per year, or offering incentive programs, promotions, and stimulus programs with valuable gifts...
These commitments are just promises, without any measures to ensure implementation, such as mortgaging assets or bank guarantees. Even in the beginning, the subjects pay interest and profits in full, then continuously “postpone” without fulfilling the commitment. In fact, the subjects often take money from later people to pay earlier people. These are quite common tricks that the subjects use to make investors trust, with the aim of enticing investors to sign contracts.

Business cooperation or disguised loan sharkingBusiness cooperation or disguised loan sharking

Combining many tricks to strengthen investors trust

To gain trust, the subjects often register businesses with very large charter capital, invite famous people, influential to young people about startups, investment to be speakers at customer conferences, commission conferences, major events of the company; at the same time, use websites, electronic newspapers to advertise strongly, use money to sponsor, buy prizes,... draw out very big goals, even have plans to list on prestigious international stock exchanges, present images of successful predecessors...

Circumventing the law, hiding under capital contribution contracts, and investment cooperation contracts to deceive the authorities

To deceive the authorities, subjects often take advantage of the laxity of the law, using forms of signing investment trust contracts or investment cooperation contracts... to cause difficulties in the process of monitoring, verifying and clarifying signs of violations by the authorities.

Business cooperation or disguised loan sharkingBusiness cooperation or disguised loan sharking

3. What should investors do to equip themselves with knowledge?

The relationship between customers and these organizations is often circumvented by the law into an “investment cooperation contract” based on the principle of “profit and loss”. Although the contract has an agreement on profit, if they do not make a profit or suffer losses, there may be a situation where money from the latter is used to pay the former. When the enterprise cannot raise more capital, it will lead to insolvency; customers will not only not receive the promised profit but also may lose everything if the signs of asset appropriation by this organization have not been clarified. Even if the authorities intervene to prosecute, investigate and prove that this capital mobilization activity is illegal and fraudulent, it is not really easy to recover the money of investors. Because, although according to the principle of handling criminal cases, during the investigation and trial, the prosecuting agency will seize and freeze all related assets, identify the victim, the value of the misappropriated assets, and force the return of assets, compensation for damages, etc. However, in reality, there are many cases where, when the investigation agency intervenes to detect and handle the case, the fraudsters have already dispersed the assets or spent all their personal expenses, leading to the inability to recover them and return them to the victim. The opportunity for the victim to recover assets in large fraud cases is not much.

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