22, the topic "Many stars participated in movies involving film and television investment fraud cases" topped the list of hot searches on Weibo. The case affected as many as 12 movies, 5 of which have been released, such as "Mai Luren" and "Ruffian Lover" "Poet" and so on. What's going on behind the scenes? If a celebrity participates in a movie and is involved in a film and television investment fraud case, will the celebrity be implicated and bear joint liability?
4 cultural media companies involved in investment fraud cases
On January 16, the Lanzhou Municipal People's Procuratorate and the Lanzhou Municipal Public Security Bureau jointly issued a notice stating that in 2022, the Lanzhou Municipal Public Security Bureau detected a film and television investment fraud case headed by Li Moumou. This criminal gang Carefully design and arrange the words, package and use identities such as "lecturer" and "assistant", use social software such as QQ and WeChat to attract investors to invest in stocks, and then exaggerate the film production costs and expected box office returns to guide investors to buy the film "Proceed share" commits fraud, and only uses a small part of the fraudulent amount to pay the movie producer to purchase the share, while the remaining amount 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".
According to a reporter from China News Network who inquired about the China Judgment Documents Network, in 2022, Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. was ordered to return the plaintiff’s subscription of 98,000 yuan due to a contract dispute in the first instance. The
civil judgment shows that on June 8, 2021, Feng Moumou, as Party B, signed the "Movie Income Rights Transfer Agreement" with Party A, Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. The film "Rescue" is scheduled to be released in 2021 (Note: "Rescue" has not been released yet, and the latest news shows that it is scheduled to be released on May 1, 2024). Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. reported to Feng that The price for transferring 0.05% of the investment income rights of the project as stipulated in this agreement is 140,000 yuan. After Party B pays Party A, Party B will enjoy 0.05% of the net income rights of the project and become a joint investor in the movie "Rescue" .
Later, Feng Moumou signed the "Resolution Agreement for the Transfer of Income Rights Transfer of Movie " (hereinafter referred to as the "Resolution Agreement") with Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. Because Feng Moumou took the initiative to terminate the agreement, he had to bear the subscription responsibility. A penalty of 30% of the payment will be deducted from the subscription amount.
In the end, the defendant Beijing China Film Xinyi International Film and Television Culture Media Co., Ltd. was sentenced to return the plaintiff’s subscription fee of 98,000 yuan after deducting liquidated damages.
Chang Sha, a partner at Beijing Jingdu Law Firm, said that when the content of the contract violates the law, the contract signed by both parties is invalid from the beginning. Unless there is a special agreement between the parties, the breach of contract clause is invalid. Therefore, if this case meets the above conditions, the victim no longer needs to submit liquidated damages and can recover the deducted liquidated damages.
"In addition, if the new evidence is sufficient to prove that the case is suspected of a criminal offense, it can be handled through a criminal report. After applying for filing, the public security organs will handle it in accordance with relevant procedures."
There are still victims all over the country who have not yet reported the case.
In order to maximize recovery The people suffered losses. As early as September 26, 2022, the Lanzhou Municipal Public Security Bureau issued the "Lanzhou Municipal Public Security Bureau's Notice on Collection of Clues for the "8·17" Film and Television Investment Fraud Cases. However, because the victims in this case are all over the country and the number of victims is large, People are reporting the crime one after another, which affects the trial of the case. As of now, some victims have not yet reported the crime.
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 Lanzhou Municipal People's Procuratorate and the public security organs have recently once again solicited clues about the gang's illegal crimes from the society. It is hoped that those who have the above-mentioned deception experience will come forward in February 2024. Prepare relevant materials and contact the Criminal Police Detachment of Lanzhou Public Security Bureau before March 29th.
announced that the person reporting the crime needs to bring a copy of his or her ID card (both front and back); copies of the "Agreement on Transfer of Usufruct Rights" ("Joint Subscription Agreement"), certificate of holding of usufruct rights, receipts and other documents; and transfer vouchers. ; Screenshots of chat records and other relevant evidence materials.
The public security organs remind that victims who fail to report to the public security organs within the time limit will be deemed to have given up reporting, and the relevant consequences will be borne by the individual. We hope to tell each other.
Many celebrities participated in the movie and were involved in an investment fraud case. Are they jointly and severally liable?
According to the announcement, the above-mentioned fraudulent investment case has affected as many as 12 movies, of which 5 have been released and 7 have not been released.
There are many well-known actors in the movies that have been released. For example, the movie "Mailuren" stars Aaron Kwok and Miriam Yeung; "The Ruffian Lover" stars Shu Qi and Zhou Yiwei; and "Poet" stars Song Jia and Zhu Yawen.
On the 22nd, after the topic "Many celebrities participated in movies involving film and television investment fraud cases" topped the list of hot searches on Weibo, many netizens were concerned about "movies starring celebrities are suspected of defrauding investors. Should the celebrities themselves be jointly and severally liable?"
Lawyer Chang Sha told a reporter from China News Service that as a participant in a movie, whether celebrities should bear joint and several liability for the movie's alleged defrauding of investors is a complex issue that requires consideration of multiple factors.
First of all, it should be clear that the role of stars in film production is usually that of actors. Their duty is to perform, not to be responsible for the business and financial operations of the film. However, if a star is not only an actor, but also participates in the production, promotion or decision-making of a movie, and intentionally or negligently participates in fraud during the process, he or she needs to bear corresponding responsibilities.
Secondly, it is necessary to consider whether the star knew in advance that the movie was suspected of defrauding investors. If a celebrity is aware of the situation but fails to take any action or report it to the relevant agencies, they may be held jointly and severally liable. If the stars knew nothing about the situation, or had taken reasonable steps to understand the situation and confirm the legality of the film, then they may not be jointly and severally liable.
In summary, whether a star should bear joint liability for the film's alleged defrauding of investors needs to be judged based on the specific circumstances.
Star's reputation has been damaged by a fraud case, can he defend his rights?
Chang Sha said that if a celebrity's reputation is damaged due to the impact of their participation in an investment fraud case in a movie, they can take some measures to safeguard their rights and interests.
First of all, celebrities can hold relevant parties accountable through legal channels and require them to bear compensation for losses and mental damages caused by infringement.
Secondly, celebrities can also seek help from professional organizations, such as lawyers, public relations companies, etc., to better understand their rights and coping strategies.
In addition, celebrities can also clarify facts to the public through public statements to reduce negative impacts.
In short, if a celebrity's reputation is damaged due to their participation in a movie involving an investment fraud case, they can protect their rights and interests through a variety of ways.
Text/China News reporter Wang Shiyao
editor/Cui Wei
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