On January 16, the Lanzhou Municipal People's Procuratorate and the Lanzhou Municipal Public Security Bureau jointly issued a notice to collect clues about a film and television investment fraud case.
Upstream News (Report Email: [email protected]) The reporter noticed that there were 4 film and television media companies involved, and a total of 12 movies were involved. Among them, the movie "Mailu Ren" starring Aaron Kwok and Miriam Yeung and the movie "The Man" starring Shu Qi "Ruffian Lover" is among them.
Lanzhou police disclosed that the criminal gang involved in the case carefully designed and arranged rhetoric to guide investors to purchase the "profit share" of the movie to commit fraud. As early as 2020, investors have begun to initiate legal rights protection against the companies involved.
The Gansu Provincial Procuratorate forwarded information on film and television investment fraud cases involving 12 movies including "Mai Lu Ren" and "The Van Gogh Project". Image source/webpage screenshot
1 Join the recommended stock group, and the "teacher" can earn several times the profit by recommending investment movies
html On January 16, the Lanzhou Municipal People's Procuratorate and the Lanzhou Municipal Public Security Bureau jointly issued a notice saying that in 2022, the Lanzhou Municipal Public Security Bureau detected In the film and television investment fraud case headed by Li Moumou, the criminal gang carefully designed and arranged rhetoric, packaged and used identities such as "lecturer" and "assistant", and used social software such as QQ and WeChat to attract investors to invest in stocks by recommending stocks, and later exaggerated Movie production costs and expected box office profits guide investors to purchase the movie's "profit share" to commit fraud. Only a small part of the fraudulent amount is used to pay the movie producer to purchase the share, and the remaining money is used to implement fraudulent operations and personal squandering.This case involves a total of 4 companies: Beijing Bammie Culture Media Co., Ltd., Zhongrui Taifeng (Beijing) Culture Communication Co., Ltd., Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd., and Beijing Maifenshi Culture Media Co., Ltd.; involved 12 movies: "The Van Gogh Project", "The Monkey King: The Sky-Eating Monkey", "Mailu Man", "Rescue from the Raging Sea", "The Poet", "Desperate Rescue", "Oppa, You Are So Handsome", "The Ruffian Lover", "Money on the Road" "Love You with All My Heart" (renamed "Fist Mom" or "Punch Mom"), "Shanghai Shanghai" and "Luban Underground Palace".
Mr. Li, a 42-year-old Hunanese, is one of the victims. On March 24, 2020, Mr. Li was pulled into a stock group. There are dozens of members in the group, and the "teachers" in the group use live webcasts to "explain stock knowledge, stock selection methods and recommend stocks" to members.
Mr. Li added an assistant’s WeChat account and started listening to the live broadcast. During a live broadcast, the "teacher" called on everyone to invest in the film and television industry and recommended the movie "Mai Luren" starring Aaron Kwok, Miriam Yeung and others.
Mr. Li remembers that the "teacher" said that the profit from previous film investments was 2.8 times. If he invests in the movie "Mailuren" with a conservative estimate of a box office of 1.5 billion yuan, he can earn 3 to 5 times the investment amount. At the same time, the "teacher" recommended Beijing Bammie Culture Media Co., Ltd. and asked group members to add the WeChat account of the manager of the publicity department.
Mr. Li learned from the manager of the company's publicity department that the investment share of the film is 109,000 yuan per share, and multiple shares can be invested. During the live broadcast, Mr. Li of the company participated in the live broadcast and also called on everyone to invest in the movie "Mai Lu Ren".
A few days later, a screenshot of the transfer and remittance records related to the investment in the movie "Mai Luren" was sent to the group. In order to confirm the authenticity of the investment, the manager of the company's publicity department sent Mr. Li pictures via WeChat to prove that the company was the co-distributor of the movie "Mai Lu Ren".
upstream news reporters noticed that multiple public information showed that among the production companies of the movie "Mai Luren", Beijing Bammie Culture Media Co., Ltd. was included.
industrial and commercial information shows that Beijing Bammie Culture Media Co., Ltd. was established in 2008, and the company’s registered place is in Beijing. The company claims that it is an integrated industrial management company that integrates film, TV planning and production, artist management, advertising and new media platform construction, and is a new force in Beijing's cultural industry. The company has participated in the investment, creation and production of many classic films. The films produced have frequently won good results at domestic and foreign film festivals and have been favored by many film critics and fans at home and abroad.
Since April 30, 2020, Mr. Li has transferred a total of 109,000 yuan and signed the "Movie <麦路人> Joint Subscription Agreement" (hereinafter referred to as the "Agreement").
The "Agreement" issued by Mr. Li to the court stated that Party A (Beijing Bammime Culture Media Co., Ltd.) is the legal co-producer of the "Mailuren" project. The film is titled "Mailu Ren" and stars Aaron Kwok, Miriam Yeung, Alex Man, etc. It is expected to be released before the third quarter of 2020. The total production cost of this project is 218 million yuan. Now Party A voluntarily transfers the investment income rights corresponding to its property share in this project to Party B (Mr. Li). Party B agrees to invest in this project at a price of RMB 109,000. Investment income rights corresponding to an investment property share of 0.05% of the total investment amount.
Mr. Qiao, 85 years old from Jiangsu, is another victim. In August 2019, through phone recommendations, Mr. Qiao added a "stock recommendation teacher" on WeChat. The "stock recommendation teacher" told Mr. Qiao that he could help him get some opportunities to invest in movies through connections. Nearly a month later, Mr. Qiao met a film and television project manager under the introduction of a "stock recommendation teacher". The "stock recommendation teacher" and the film and television project manager told Mr. Qiao that Beijing 8mm Culture Media Co., Ltd. is a powerful company that cooperates with first-line stars such as Aaron Kwok and Miriam Yeung. Among them, the movie "Mai Luren" will become a hit, earning several times returns without any risk. After that, Mr. Qiao obtained the investment income rights corresponding to 0.5% share of the film by paying 1.1 million yuan. The company signed the "Film <麦路人> Joint Investment Agreement" with Mr. Qiao.
Public information shows that the company involved is one of the production companies of the movie "Mailu Ren". Picture source/Internet screenshot
2 High returns failed, investors faced difficulties in safeguarding their rights
Upstream news reporters noticed that at first, in the eyes of participating investors, this film and television investment was a good business.
In addition to being endorsed by A-list celebrities, the relevant investment agreement also shows that Party A (Beijing Eight Millimeters Culture Media Co., Ltd.) promises that if the project fails to be released, Party A can fully refund the investment amount actually delivered by Party B. Purchase Party B's corresponding share of all investment amounts, and settle and pay Party B interest at a standard annual rate of 8%.
However, these investors did not get high returns as expected. Instead, they started a lawsuit with the film and television company in order to recover their principal. The victims of this film and television investment case cover Beijing, Jiangsu, Zhejiang, Fujian, Hunan, Guangdong and other places.
Taking Beijing Bammie Culture Media Co., Ltd. as an example, in 2021 and 2022, there have been more than 30 civil judgments and rulings.
Regarding the unreleased movie, the defendant company argued that the movie has obtained a public release license and if the movie cannot be released due to force majeure, each of them will bear the responsibility. Regarding the movies that have been released, investors failed to obtain high returns. The defendant company argued that the movie attendance was very poor and that it had not violated the law.
upstream news reporters noticed that in multiple civil judgments and rulings, whether the companies involved had committed fraud was the main focus of controversy in civil trials.
For some movies that have not been released, some courts have supported the civil claims of investors; however, for some movies that have been released, the civil claims of investors have been rejected by the courts. Among them, insufficient evidence has become one of the main reasons why it is difficult for investors to safeguard their rights.
When rejecting Mr. Qiao's petition, the court held that the movie "Mai Lu Ren" involved in the case had been released legally, and the defendant company had provided evidence to prove that it had obtained the corresponding investment share in the movie "Mai Lu Ren" involved in the case by signing relevant agreements. At the same time, the signed "Movie <麦路人> Joint Investment Agreement" clearly states that the risks of investment have been taken to remind Mr. Qiao in reasonable ways. As a person with full capacity for civil conduct, Mr. Qiao said that based only on the words of outsiders, he credulously believed that film investment could earn several times the return without any risks, so he signed the contract involved and paid the investment of 1.1 million yuan, which is inconsistent with daily practice. Rules of thumb.
When rejecting Mr. Li's petition, the court held that the "Movie <麦路人> Joint Subscription Agreement" signed by both parties was an expression of the true intentions of both parties. Now that Mr. Li has subscribed and contributed funds, the movie "Mai Luren" has also been released legally.Mr. Li believes that the defendant company entered into the contract through fraudulent means and used legal forms to cover up illegal purposes, which has insufficient basis.
Lanzhou police issued a notice soliciting clues. Image source/Internet screenshot
3 The suspected criminal behavior behind the capital game
From the existing judgment documents, upstream journalists noticed that behind the movie involved, the cultural attributes may have long been separated and turned into a capital game.
Take the movie "Mai Lu Ren" as an example. Beijing Eight Millimeters Culture Media Co., Ltd. did not directly invest in the film, but obtained the film investment share through the transfer of "investment shares".
There is evidence that in 2019, Beijing Eight Millimeters Culture Media Co., Ltd. signed agreements with a media company to obtain 20% of the total investment in the film. The relevant agreement shows that Beijing 8mm Culture Media Co., Ltd. can transfer its investment share to a third party. If any disputes arise during the cooperation between Beijing 8mm Culture Media Co., Ltd. and a third party, it will have nothing to do with a certain media company.
After that, Beijing Bammie Culture Media Co., Ltd. divided the 20% "investment share" of "Mailu Ren" it controlled again and transferred it to some individual investors one by one. This has also become one of the main bases for the company involved to become a defendant.
Upstream News reporter noticed that during the trial, most individuals (investors) complained about the "high returns" promised by the company involved, but the company involved argued that the investors, as adults with full civil capacity, had no rights to subscribe. The content of the agreement and the relevant information about the movie involved should have a certain level of cognitive ability and identification. Mr. Li, a victim of
, remembers that after he invested in "Mai Lu Ren", the "teacher" in the stock group began to recommend buying investment shares in other movies. Starting from May 19, 2020, the live broadcast stopped and the WeChat group also fell into silence for a long time.
At the end of 2020, information about film investment scams began to circulate online, and some investors began to defend their rights. On July 13, 2022, a "ruling" issued by the People's Court of Heshan District, Yiyang City, Hunan Province clearly stated that this civil case may involve criminal offenses.
On September 26, 2022, Lanzhou police issued a notice soliciting clues on the case for the first time.
On January 16 this year, Lanzhou police once again issued a notice soliciting clues on the case. Different from the last time, this time the Lanzhou police and the Lanzhou Municipal People's Procuratorate jointly issued a notice.
announced that due to the large number of victims spread across the country, some victims have not yet reported the case. In order to effectively and accurately accuse crimes, protect the legitimate rights and interests of victims, and crack down on criminal activities in accordance with the law, the People's Procuratorate and the public security organs once again solicited clues from the society about the gang's illegal crimes. We hope that those who have experienced being deceived will be ready before February 29, 2024. For relevant materials, please contact the Criminal Police Detachment of Lanzhou Public Security Bureau.
Upstream news reporters noticed that recently, there have been many police reminders about film investment.
Police in many places have announced that film and television investment is highly professional, and it is difficult for individual investors who occasionally come into contact with this field to achieve symmetrical information and cannot fully participate in projects of concern. Criminals take advantage of the popularity of film investment, use shell film and television companies, or seize the short-term profit psychology of investors who lack film and television investment experience without actually obtaining investment income from film and television projects, and exaggerate or falsely promote popular film and television projects. The sale of copyright shares was used as an introduction, claiming that it was already preparing for the filming of popular movies and TV shows, and the profits were considerable. At the same time, taking advantage of the lack of awareness of ordinary investors about the film and television industry, they use WeChat, crowdfunding platforms or offline to set up temporary contact points, publicly promote film and television projects, etc. to set up guaranteed profits, and use low investment and high returns as bait to attract the masses to sign contracts with them. Investment (cooperation) contracts, defrauding or possessing investment funds from unspecified people, and conducting illegal fund-raising or fraudulent criminal activities.
The public security agency reminds that as ordinary individual investors, when contacting film and television investment projects, remember that film and television investment promotions include "guaranteed, no risk, high returns, guaranteed profits, no loss", attracting investment from specific groups such as the elderly, etc. Treat with caution and be extra vigilant.
Source: upstream news
