Chapter 334: Oh My, I've Been Picked! (Seeking Monthly Votes)

Lawyer Fang was slowly explaining the difference between civil fraud and criminal fraud regarding health supplements; this kind of distinction is not something you can simply see by looking at the legal articles, but rather experience slowly summarized by a top-tier lawyer over many years of practice.

Why criminal offenses are criminal offenses—the severity of the harm and the degree of malice are all reasons for this.

Therefore, at times like this, one must clearly distinguish between civil fraudulent behavior and the crime of fraud; in this regard, the main provisions are the fraud clauses in the Criminal Law, the fraud clauses in the Civil Code, and the "Interpretation of Several Issues Concerning the Specific Application of Law in Handling Criminal Cases of Fraud" issued by the Supreme People's Court.

And within the Judicial Interpretation of the Supreme People's Court, it mainly focuses on issues such as the amount involved in the crime of fraud, specific local circumstances, and aggravating circumstances.

Therefore, when it comes to "transaction-type fraud" like health supplement scams, it requires analyzing specific cases specifically, analyzing whether these behaviors meet the Constitutive Elements of the crime of fraud.

Zhou Yi had already begun collecting relevant evidence according to Lawyer Fang's instructions; according to Lawyer Fang's classification, the first thing is whether these relevant personnel impersonate authoritative experts from authoritative hospitals, research institutes, and so on!

This is a very critical behavior for constituting the crime of health supplement fraud; fraud is fraud, and looking at it from the perspective of us ordinary people, you must have deceptive behavior, and this behavior is directly aimed at swindling your money!

They must be experts from these hospitals; otherwise, if they are some health consultants or something else, in such a situation, it is difficult for you to determine that they belong to fraud.

Zhou Yi still remembered that he had just asked Lawyer Fang why the determination would be different if the identity was different.

Lawyer Fang spread his hands: "Why? Think about it carefully; the former is fraud!"

Zhou Mouren understood in an instant... it was indeed very simple.

And then, it is whether these people have engaged in exaggeration during the examination process!

If there is no exaggeration, that is normal behavior and cannot be counted as fraud, but if you only had a scratch on your finger, the kind that might have healed if you went to the hospital later, and they said your injury was so bad you needed an amputation and you must eat this product of theirs or else there would be a big problem, you tell me if that is cheating people.

Next is exaggerating the efficacy of their own health supplements; of course, this may overlap with False Propaganda in civil law.

But in Lawyer Fang's words, if he were defending this health supplement Company, as long as what the other party said was ambiguous, it could be defended.

For example, words like "cure" or "completely get rid of" are typical ways to court disaster.

Of course, it doesn't necessarily need to be scrutinized that strictly; nowadays, the script training for health supplement companies is also quite good, and no one dares to say that unless they have a problem with their brain.

The last two aspects are also common in civil fraud, such as creating a fake corporate reputation, saying that some official institution awarded us this or that, and using official institutions to endorse them.

And then there is selling this thing for many times over the cost... actually, this is the easiest; these days, who would sell health supplements without a gross profit margin of over ten times?

It can be said that Lawyer Fang directly broke down and pulverized the crime of fraud in the health supplement sector, but this does not mean there are no subjective and objective elements that make one's head ache; what Lawyer Fang straightened out was just a line of reasoning for conviction!

If you really look at the Criminal Law, the crime of fraud is this sentence: the act of using deceptive methods to swindle a relatively large amount of public or private property for the purpose of illegal possession.

Don't even mention that ordinary people can't see anything in this sentence; even someone with rich theoretical knowledge like Zhou Cainiao finds it difficult to handle.

Lawyers and doctors are both professions that rely heavily on experience.

Therefore, the evidence that Zhou Yi focuses on collecting is in these areas.

Actually, one could report it to the police now, and the Public Security Bureau would naturally be responsible for the investigation, but Lawyer Fang would not do that.

Since he has decided to make the other party eat prison food, they must eat it; there must absolutely be no accidents!

But just as they were collecting evidence, something else happened nearby.

Walking over to look, it was an old man holding eggs, saying there: "I really don't have any money left; if you don't believe me, go check my bank card. I can't afford to buy it anymore, please stop talking to me."

And surrounding the old man were two or three salespeople, and that Huang was also among them.

"It doesn't matter, sir, it's fine if you don't have money. Look, we have a loan company here; they are all low-interest loans. As long as you have decent collateral, the loan will be released very quickly, and then you can buy as much as you want!" that Huang laughed and said.

Zhou Yi's fists hardened immediately upon hearing this; health supplement loans... it's a pity these people can really harden their hearts to this extent.

They are trying to squeeze these elderly people dry!

Lawyer Fang's face was also very serious, and he said in a low voice: "The ones I encountered before weren't this unscrupulous; now they've started doing health supplement loans and even want the elderly to use their houses as collateral!"

Zhou Yi couldn't help but step forward and say: "That Huang, I think there's no need for loans to buy health supplements; just act according to your means."

Upon hearing this, Huang glanced at Zhou Yi, and an unhappy look immediately appeared on his face: "Who are you? That someone, Wang Rui, get this person out. We are also advising the old gentleman to act according to his means; it's all voluntary, okay?"

Zhou Yi looked at the old man and asked: "Do you really want to buy those health supplements?"

The old man said: "I don't particularly want to buy them; it's mainly because I don't have money. Isn't a loan just borrowing money? I definitely can't borrow; I want to leave, but they won't let me."

Many people of the older generation are unwilling to borrow money, and they stay far away when they hear about loans.

"Look, Huang, the man doesn't want to buy, and you won't let him leave; what is this for?"

Huang's face sank immediately: "I didn't not let him leave; anyone who wants to leave can, but they will be on our credit blacklist, and don't even think about enjoying our expert free clinics and free travel in the future!"

"Wang Rui, let them leave!"

Wang Rui and several salespeople nearby came over, and Wang Rui said: "Mr. Zhou, I think you'd better leave first."

Zhou Yi didn't speak, and Lawyer Fang next to him suddenly said: "We can leave, Wang Rui, is it? And you few salespeople, do you really think they will be fine doing this?"

A salesperson nearby said: "What could happen? We are just employees; we are salespeople. The boss tells us to sell things, so we sell. If there's something wrong with this, then all the salespeople in the world would have problems."

Wang Rui also nodded and said: "That's right, what could happen? It's just sales. Are you two leaving or not? If you don't leave, we're calling security!"

Lawyer Fang smiled: "We're leaving, we'll leave right away."

Then he took the bewildered Zhou Yi and left the venue.

The lecture ended and was a complete success; Huang looked at the old ladies and old men carrying large and small bags of health supplements, and the corners of his mouth split open with a smile.

"Let me tell you, the money of the elderly is still the easiest to earn. Look at these elderly people; they say they aren't afraid of death, but actually, they are the most afraid of death. As long as you tell them you have an illness and you won't live if you don't eat our stuff, they are more proactive than you!"

Huang sat in the office and laughed heartily.

Next to him were those people who impersonated experts from Ruiyin Hospital; by this time, they had already taken off their white coats and were accompanying him with smiles.

They also earn money based on commissions; otherwise, why do you think they are so proactive?

"Old Huang, you did a good job this time. So, the next focus of the sales department is to have our customers recommend the products to other elderly people. Be careful, try not to let them talk to young people about anything."

In the main seat of the office, another man in his forties spoke.

He was the boss of Tiancheng Company, Huang Tiancheng.

"Our customer base is still too small; we must continue to expand. As for the elderly, the little money they have in their hands is saved anyway, so it's better to buy our products."

In a word, the office was once again filled with a joyful atmosphere.

The previously mentioned expert Shen, Shen Daxing, said with some worry: "Huang, and Boss Huang, those two people who argued with me today, why do I feel like they aren't good people?"

"Will there be any problems?"

Huang shook his head and said: "What problems could there be? We are a legitimate health supplement company; our products are all certified, and we pay taxes regularly. Could there be any problems with this?"

"In Jingzhou City, which health supplement company isn't like this? Their operations are even bolder than ours. If they aren't afraid, why should we be? At most, we'll get fined or have to pay compensation after it's all over; the company can just go bankrupt."

For them, this was not a problem at all.

These days, there are plenty of people whose companies go bankrupt while they continue to live in luxury. Take the classic example of unfinished buildings; look at the developers whose companies go bankrupt—what kind of life does the boss live, and what kind of life do you live?

At the hotel entrance, the two finally stopped.

Zhou Yi asked curiously, "Lawyer Fang, did you mean just now that these employees who work there will also be in trouble?"

Fang Dazhuang did not admit it, but he didn't deny it either, only saying, "These days, it's not just one or two people who have worked their way into prison!"

"Alright, let's head back first. The evidence isn't sufficient this time, but there's no rush. I'll have someone else go next time. It'll be soon, very soon!"

…………

The rooster crowed three times; it was already the morning of the next day. Inside the law firm office, Fang Dazhuang was still working at his desk.

This marked the completion of yet another lecture, which also meant this company had harvested another batch of leeks.

Meanwhile, the evidence on Fang Dazhuang's side had been solidified in extreme detail; if taken and slightly organized, it could serve as evidence for Review and Prosecution.

After typing the last character, Fang Dazhuang finally let out a sigh of relief. He walked to the window and looked at the world outside, feeling refreshed and happy.

It feels good to be a human after all; who says a Lawyer can't be impulsive for once!

By all accounts, he had no need to do these things, but he did them anyway, and he felt great about it!

He hadn't slept all night, but Fang Dazhuang was still full of energy. He made a phone call to Zhou Yi.

"Get ready to act!"

At 1:30 in the afternoon, the time when people are most drowsy, Lao Zhou sat there struggling to stay awake.

He had been doing very few night shifts lately, spending most of his time on Mediation. As a grassroots police officer, one has to be a jack-of-all-trades, and Mediation is always placed first.

"Hey, Uncle Zhou, that person you mentioned before, the one named Zhou Yi, right? You said he brought all the evidence to report a crime himself—is that true or false?" The person asking was a new recruit who had recently passed the exam and was a bit skeptical about the rumors circulating in the Jingzhou Legal System, especially at the Zhonglou Street Police Station.

He felt that no one could be that abnormal.

"They also say that you're the one who always takes that Zhou Yi's cases, and now you're about to get promoted..."

Lao Zhou looked back and said, "False, don't believe it. You're listening to their nonsense."

Before a matter is fully settled, one must never disclose any information; this is a point that needs to be highlighted.

The two chatted back and forth. Regardless, Lao Zhou was having a good time talking. Zhou Yi? That was definitely fake; it was all just hearsay.

Just as they were talking, they saw the door of the Police Station pushed open. A guy with messy hair walked in carrying a large bag, with an old lady beside him.

Lao Zhou instinctively rubbed his eyes. He hadn't seen wrong; it was that guy with the messy hair!

Since there were no outsiders, Zhou Yi walked up a few steps and smiled, "Uncle Zhou, it's you again. What a coincidence, so coincidental it's like you were deliberately waiting for me here. How did you know I was coming to report a crime again today?"

The young man next to Lao Zhou was stunned: "Uncle Zhou? Report a crime? Comrade, are you... a relative of Uncle Zhou?"

Zhou Yi only then noticed the young man and said casually, "No, my name is Zhou Yi, I just happen to share the surname Zhou. I have no family relationship with Uncle Zhou, it's just..."

After hesitating for a moment, Zhou Yi added, "It's just that I've reported so many crimes, I'm familiar..."

There was a silence. The young man looked at Lao Zhou, the expression on his face clearly saying: As expected, a wily old fox!

Lao Zhou kept a straight face. This was nothing; being caught on the spot was a minor matter.

"Speak, what are you here for today?"

Beside them, the young man had already pulled up a chair for Liu Nainai to sit down.

Zhou Yi placed the large bag on the table and said, "Uncle Zhou, I'm reporting a crime. My neighbor upstairs, this Liu Nainai here, has been scammed!"

Scammed? Lao Zhou quickly became serious and asked, "How much was she scammed for? How were they scammed? Was it Telecommunications Fraud?"

Recently, the higher-ups had been repeatedly emphasizing Telecommunications Fraud because many people didn't understand, asking why the police didn't just arrest the scammers if they knew it was Telecommunications Fraud.

But the police aren't omnipotent. In many cases of Telecommunications Fraud, the perpetrators are abroad, so they can only focus on prevention.

If they could crack one case, then this time would be solid.

Zhou Yi shook his head and said, "No, Uncle Zhou, it's health supplement fraud, health supplement fraud targeting the elderly!"

"Health supplement fraud targeting the elderly?" Lao Zhou frowned. This was also acceptable; after all, the crackdown on pension fraud was being strictly enforced from the top down.

"Tell me in detail."

Zhou Yi explained the situation as he understood it, with Liu Nainai adding details from the side.

"And here is the evidence. All the evidence you could possibly think of is in here!"

Lao Zhou didn't speak. This style of reporting a crime was Zhou Yi's consistent trademark; he was the only one who did it.

The young man next to them was once again dumbfounded. Was there really such an abnormal person?

Soon, others in the station came over and began to focus on reviewing this batch of evidence.

Just as Fang Dazhuang had said before, with Transaction-type Fraud, it is sometimes difficult to define whether a crime has been committed because the other party did indeed give you something, so you need to prove from other aspects that the other party's subjective intent was to defraud!

Sure enough, once they reviewed Fang Dazhuang's evidence, they no longer hesitated. Liu Suo even felt that this evidence seemed to be written exactly to their satisfaction.

And he could guarantee that as long as this evidence was authentic, the Procuratorate would have absolutely nothing to say.

Three hours—it only took three hours for the station to finish the review: Criminal Case filed!

It wasn't just because the evidence was complete, but also because Liu Nainai said this case involved too many elderly people, many of whom had used their meager pension money to buy these health supplements.

Some were even coaxed into taking out loans to buy health supplements!

The issues here were very serious; once it exploded, the impact would be terrifying.

Most importantly, this was just what Zhou Yi had discovered. Currently in Jingzhou, whether there were other health supplement companies doing this, and how many, were things they needed to figure out.

This is also the difference between how the Public Security Bureau and an individual consider problems. Once a point is discovered, one must consider the whole picture; no matter what, the core purpose is to maintain social order.

After reporting the crime, it had little to do with him anymore. Just like before, Lao Zhou would ask him about the situation from time to time and would also inform him when the case had a breakthrough.

After sending Liu Nainai home and telling her to wait for news, Zhou Yi returned to the Guangming Peak Residential Quarter.

Bored again, with nothing to do, he started browsing news from various places. Of course, even though Sina was trash, he would still take a look.

As he kept looking, he discovered that a reply he had made some time ago had actually been featured!

A bit interesting; that was a blogger called "Health Expert Liu Heping," complaining that the current regulation of the health supplement industry is too strict, that it shouldn't be this strict at all, and that this would cause a sense of instability for health supplement enterprises.

Zhou Yi happened to have some time then, so he casually replied: There are already so many scams even with regulation; if there were no regulation, who knows what it would turn into.

He used a burner account, and after that, he didn't pay it any mind, but he didn't expect that today he would see he had been singled out!

He was directly pinned to the top by the other party: "So many scams in the health supplement industry? Come, come, come, bring out the evidence, don't just spout off; as far as I know, there aren't really any health supplement scams now, at most there is just some False Propaganda."

"I'm just puzzled, what is wrong with people nowadays? How is the ability to spout such nonsense so high?"

"Bring out the evidence, you can't, can you? Don't go around talking nonsense on the internet in the future, you hear!"

The update is here; I was busy again all day today... so I still owe 120,000 words QAQ. In the previous chapter, I saw a reader say that what is being written now feels fake, and asked me to write out the laws, interpretations, and such. The reason I don't really write these now is because some readers previously felt it was filler, saying that you can find these out by searching Baidu, and that writing them out is too much filler... So, I wrote some details in this chapter for everyone to get a feel for it. If you feel it's filler, then in the future, I will write less of these explanatory things, or put them in a separate chapter.

Thanks to Emo Tun, another newcomer, Wenchidage, Feimaowuyu, Shuyou 2019, Xiao Shufu, Shuyou 1612, Woniu, Adolf Flag Guard, Tinian Woruowei Qingdi, thank you brothers for the tips, thank you.

(End of this chapter)