私募基金领域非法集资犯罪问题研究

On Illegal Fundraising Crimes within Private Equity Fund Sector

私募基金领域非法集资犯罪具有专业性高、隐蔽性强、法律关系复杂等特点,主要包括伪私募和私募转化两种犯罪类型。犯罪嫌疑人通过伪装为合法的私募基金管理人或在集资经营中不规范运作等手段,游走在合法私募与非法集资的边缘,使公众难以辨别。私募领域非法集资犯罪是由民间投、融资渠道单一,监管机制不完善,行业法律规范缺失等多方面因素相互作用的结果。打击此类犯罪存在侦查协作难、证据获取难、追赃挽损难等难点。公安机关经济犯罪侦查部门(以下简称经侦部门)可通过进一步优化侦查协作机制、完善案件相关证据体系、明确追赃挽损举措等途径打击此类犯罪,以提升私募基金领域非法集资犯罪治理能力,开拓经济犯罪侦查新视野。

The illegal fundraising crimes within private equity fund sector primarily encompass two distinct types:pseudo-private equity and private equity conversion,exhibiting characteristics such as high levels of professionalism,extensive concealment techniques,and intricate legal relationships.Such criminal suspects may pose as legitimate private equity fund managers or engage in irregular activities during fundraising,straddling the line between legal private equity and illegal fundraising,thus rendering it challenging for the public to discern the difference.Illegal fundraising crimes in the private equity sector are the result of multiple interacted factors,such as limited investment and financing channels for the private sector,the imperfection of regulatory mechanism,and the lack of laws and norms in this industry,etc.In the fight against these crimes,there are many difficulties in the inter-agency cooperation during the investigative process,the acquisition of evidence,and the recovery of stolen property and associated damages.The economic crime investigation departments within the public security authorities(hereinafter referred to as the economic investigation departments)should further refine the cooperative mechanism for investigation,enhance the evidentiary system related to the cases,and clarify the measures for the recovery of stolen property and associated damages.This will improve economic investigation departments'governance capability in dealing with illegal fundraising crimes within the private fund sector and broaden new perspectives for economic crime investigation.