三家水贝黄金珠宝商涉嫌构成开设赌场罪

Core Viewpoint - The article highlights the legal risks associated with the "pre-order pricing" trading model in the gold jewelry industry, particularly in Shenzhen, where three companies have been investigated for allegedly operating illegal gambling activities under the guise of gold trading [3][5]. Summary by Sections Industry Warning - The Shenzhen Gold and Jewelry Association issued a warning letter regarding the investigation of three gold jewelry companies in the Shui Bei area, which are suspected of operating illegal gambling activities [5]. - The warning emphasizes that these companies have been conducting "non-physical gold betting" businesses, which may constitute the crime of operating a casino [5]. Trading Model Risks - The "pre-order pricing" model allows investors to participate in high-leverage trading by paying a deposit as low as 2.4%, which has led to significant risks as gold prices rise [4][10]. - Many companies have faced liquidity crises or have disappeared entirely, raising concerns about the sustainability of this trading model [4][9]. Legal Implications - The classification of these trading activities as criminal offenses depends on the specific trading model used by the platforms, which could lead to charges of illegal business operations, gambling, or operating a casino [4][12]. - Legal experts indicate that the nature of the trading model—whether it involves "positive hedging," "reverse hedging," or "fake orders"—will determine the legal consequences [14][15]. Market Conditions - As gold prices continue to rise, with London gold reported at $4,017 per ounce and a year-to-date increase of over 50%, the risks associated with the pre-order pricing model are intensifying [11].