Pension Fraud 10, Pension Fraud Specific

According to the staff of the social security department, fraudsters usually use the following three scams. Scam 1: Claiming that those who have not yet reached retirement age can receive their pension passbook immediately as long as they pay the pension insurance premiums during the retirement age and pay a certain benefit fee.

Some of the deceived people did get the so-called "pension passbook" provided by the fraudsters after paying the relevant fees, but there was no news after the "pension" was received for a month or two; Fraud 2: Claiming to be able to handle relevant social insurance business in violation of regulations, and defrauding benefits and social insurance premiums; Scam 3: Call or send a message to the insured person, saying that the new social security policy has been introduced, requiring him to pay part of the social insurance premiums, and list the specific year of the supplementary payment and the corresponding amount, so that the insured person can deposit the money into the designated bank account.

1. What is the situation of defrauding pensions?

1. The circumstances of defrauding pensions are as follows:

1) After the death of a retiree, his immediate family members do not report within the prescribed time limit and fraudulently receive pensions;

2) After the death of the surviving family member, his or her immediate family members do not report within the prescribed time limit and fraudulently receive the survivor's pension;

3) Fraudulently using other people's file materials or forging personnel file materials to participate in retirement insurance and defraud pensions;

4) Retirees are sentenced or missing, and their immediate family members do not report within the prescribed time limit and fraudulently receive pensions;

5) Falsifying death certificates, fabricating the time of death, and defrauding pensions and funeral expenses;

6) Fictitious labor relations, falsifying insurance information to handle insurance supplement procedures to defraud pensions.

2. Legal basis: Article 26 of the Social Insurance Law of the People's Republic of China shall order the social insurance administrative department to return the social insurance money obtained by fraud and impose a fine of not less than 2 times but not more than 5 times the amount obtained by fraud. where a crime is constituted, criminal responsibility is pursued in accordance with law.

2. How long is the statute of limitations for defrauding pensions?

The statute of limitations for pension fraud is generally three years. Obtaining a pension by fraud is an act of fraud, and the sentence should be determined according to the amount of the pension fraudulent, and if it reaches a larger amount, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Ponzi is the name given to investment scams in the financial sector. The ancestor of the pyramid, many illegal pyramid schemes use this trick to accumulate money. This is called the speculator invention of Charles Pounds.

Ponzi ** is also known in China as tearing down the east wall to make up the west wall and empty gloves white wolf. In short, using the money of new investors to pay interest and short-term returns to old investors creates the illusion of making money and defrauding more investment.

Criminal Law of the People's Republic of China" Article 266:Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and a coarse or simple fine is to be given; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.

1. After the death of a retiree, his immediate family members do not report within the time limit of the regulations and fraudulently receive pensions; 2. After the death of the surviving family members, their immediate family members do not report within the time limit of the regulations and fraudulently receive the survivors' pension; 3. Fraudulently using other people's dossier materials or forging personnel dossier materials to participate in retirement insurance and defraud pensions; 4. Retirees are sentenced or missing, and their immediate family members do not report in accordance with the rules and regulations, and fraudulently receive pensions; 5. Falsifying death certificates, fabricating the time of death, and fraudulently obtaining pensions and funeral expenses; 6. Fabricating labor and rubber relations, falsifying insurance information and handling insurance supplement procedures to defraud pensions; 7. Other acts of fraudulently obtaining pensions through fraud, omission, or falsification of supporting materials. According to the legal basis, Article 26 of the Social Insurance Law of the People's Republic of China shall order the social insurance administrative department to return the social insurance money obtained by fraud and impose a fine of not less than 2 times but not more than 5 times the amount obtained by fraud. where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: Fraudulently obtaining a pension is an act of fraud, and the sentence should be determined according to the amount of the pension fraudulently, and if it reaches a larger amount, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded and the amount is relatively large, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or life imprisonment is to be given, and a fine or confiscation of property is to be given. Where this Law provides otherwise, follow those provisions.

According to the relevant laws and regulations of our country, those who fraudulently receive pension insurance will be ordered by the social insurance administrative department to return the social insurance money illegally obtained by fraud, and will be fined between 2 and 5 times the amount of pension insurance fraudulently. If the circumstances are serious, it may be punished as the crime of fraud in the Criminal Law, and criminal liability may be investigated.

How to punish fraudulent pension claims.

According to the relevant laws and regulations of our country, those who fraudulently receive pension insurance will be ordered by the social insurance administrative department to return the social insurance money illegally obtained by fraud, and will be fined between 2 and 5 times the amount of pension insurance fraudulently.

If the circumstances are serious and constitute a crime, it is also necessary to bear criminal responsibility, and according to the relevant regulations, those who defraud the pension insurance money by fraud, falsification of supporting materials and other first paragraphs will be convicted and punished according to the fraud of the company's property. Where the amount of fraud is relatively large and reaches 3,000 to 10,000 yuan or more, a sentence of up to three years imprisonment, short-term detention or controlled release shall be given, and/or a fine.

The criminal liability for defrauding pension insurance benefits mentioned here is mainly that individuals do not meet the conditions for enjoying social insurance benefits, and obtain social insurance benefits by fraud, falsification of supporting materials or other means. Such as forging identity documents or fraudulently using other people's identity documents; Falsifying or altering files, age, special types of work and medical records, etc., for early retirement; falsifying or altering personnel files to increase the deemed payment period; falsifying employment relations, wage statements and other supporting materials to pay pension insurance premiums; A person who has passed away is still receiving a pension.

According to the interpretation of article 266 of the Criminal Law of the People's Republic of China, fraudulently obtaining social insurance benefits or other social security benefits such as pension, medical care, work-related injury, unemployment, and maternity by fraud, falsification, or other means is an act of defrauding public or private property as provided for in article 266 of the Criminal Law.

Legal basis

Social Insurance Law of the People's Republic of China

Article 88: Anyone who obtains social insurance benefits by fraud, falsification of supporting materials or other means shall be ordered by the social insurance administrative department to return the social insurance money obtained by fraud and shall be fined not less than two times but not more than five times the amount obtained by fraud.

Article 94: Where the provisions of this Law are violated and a crime is constituted, criminal responsibility shall be pursued in accordance with law.

Legal analysis: Fraudulently obtaining pensions is an act of defrauding surplus travel, and how to sentence should be determined according to the amount of pensions defrauded, and if it reaches a larger amount, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance.

Legal basis: Article 266 of the Criminal Law of the People's Republic of China: Where public or private property is defrauded, and the amount is relatively large, a sentence of up to three years imprisonment is to be fixed-term imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. If there are other provisions in this Law, follow the provisions.