收到一笔货款后，银行卡被冻结，甚至账户内的钱款直接被划走。近期，多位在粮食、数码、金饰等行业正常经营的商家或个人卖家向新京报记者反映， 他们在正常发货、完成交易后，因收到的款项被警方认定为电诈赃款，名下银行卡遭冻结，日常生活与经营秩序也就此被打乱。 变故发生在三天后。 12月9日，炊俊接到弟弟发来的消息："之前收款的银行卡被冻结，冻结单位是黑龙江省哈尔滨市公安局香坊分局刑侦大队。"紧接着，他本人、母亲，还 有好几个供货商的银行卡，也相继无法使用。 更令他们无力的是，即便提交了一系列证据，依然无法摆脱"钱货两空"的结局。这背后，是不断"升级"的电诈洗钱手法：电诈分子用赃款购买正常商品， 再进行流转从而把赃款"洗白"，使经营者被动地沦为洗钱一环。 不少被冻卡、划扣的经营者感到不解："我们正常做生意，怎么就成了'帮凶'？""受害人的损失，为什么要我们来承担？" 从法律上讲，经营者若想维护自身权益，需证明自己属于"善意取得"，即对货款来源违法完全不知情。然而，现实中，这条维权之路充满阻碍：善意取得 的认定标准在各地执行不一、跨区域案件协调难度大、部分执法环节存在"重追赃、轻保护"的倾向……种种因素叠加，让许多经营者陷 ...

收到一笔货款后，银行卡被冻结，甚至账户内的钱款直接被划走。近期，多位在粮食、数码、金饰等行业正常经营的商家或个人卖家向新京报记者反映， 他们在正常发货、完成交易后，因收到的款项被警方认定为电诈赃款，名下银行卡遭冻结，日常生活与经营秩序也就此被打乱。 更令他们无力的是，即便提交了一系列证据，依然无法摆脱"钱货两空"的结局。这背后，是不断"升级"的电诈洗钱手法：电诈分子用赃款购买正常商品， 再进行流转从而把赃款"洗白"，使经营者被动地沦为洗钱一环。 不少被冻卡、划扣的经营者感到不解："我们正常做生意，怎么就成了'帮凶'？""受害人的损失，为什么要我们来承担？" 从法律上讲，经营者若想维护自身权益，需证明自己属于"善意取得"，即对货款来源违法完全不知情。然而，现实中，这条维权之路充满阻碍：善意取得 的认定标准在各地执行不一、跨区域案件协调难度大、部分执法环节存在"重追赃、轻保护"的倾向……种种因素叠加，让许多经营者陷入漫长的申诉。 "究竟谁该为损失买单"这一问题，仍在等待一个答案。 那天一早，一个操着东北口音的男子来到厂里验货。过秤、看质，一切顺利，最终以每斤1.145元的价格成交。下午，28万元货款准时打到了公司 ...

Core Viewpoint - The article discusses the challenges faced by individuals whose bank accounts are frozen due to being inadvertently involved in fraud schemes, highlighting the emotional and financial turmoil they experience [4][9]. User Experiences - Many individuals, like Wang Li, find their bank accounts frozen without understanding the reasons, leading to significant disruptions in their daily lives and financial obligations [4][8]. - A case from Henan illustrates how a farmer's account was frozen after receiving payment for wheat, which was later deemed to be linked to fraud [6]. - Various scenarios, such as part-time jobs, currency exchange, and business transactions, make cardholders vulnerable to becoming unwitting participants in fraud [7]. Investigation Findings - The article reveals that individuals often become "pawns" in a larger fraud network, with their accounts frozen due to the flow of funds linked to criminal activities [10][12]. - Fraudsters typically use legitimate transactions to launder money, making it difficult for innocent parties to prove their lack of involvement [16][18]. - The freezing of accounts is primarily based on automated systems that track suspicious fund flows rather than individual assessments [17]. Legal and Financial Implications - The article discusses the complexities of legal responsibility for individuals who unknowingly receive fraudulent funds, emphasizing the need for them to prove their innocence to unfreeze their accounts [21][22]. - The concept of "unjust enrichment" is explored, where individuals may be required to return funds received from fraudulent sources, even if they were unaware of the fraud [20][29]. - The article highlights the importance of providing evidence of legitimate transactions to facilitate the unfreezing of accounts [21][22]. Current Trends and Challenges - The article notes the increasing prevalence of fraud cases and the evolving tactics used by criminals, particularly in relation to bank cards and phone cards [25]. - It emphasizes the need for improved measures to prevent individuals from becoming unwitting accomplices in fraud schemes [30][31]. - Recommendations include separating bank accounts for different purposes to minimize the impact of potential fraud on personal finances [33].

Core Viewpoint - The case highlights the complexities of balancing criminal asset recovery and the protection of innocent third-party interests in financial transactions, particularly in the context of telecom fraud [5]. Group 1: Incident Overview - A Shanghai citizen, Mr. Chen, sold gold jewelry on a second-hand platform and was later involved in a fraudulent transaction, resulting in his bank account being frozen and 80,000 yuan being seized by the police [1]. - The police claimed that Mr. Chen's account was used for money laundering by criminals, and the funds were frozen in accordance with legal procedures [1][4]. Group 2: Legal Framework - Chinese law stipulates that all property obtained through criminal activities should be confiscated, while legitimate property of victims should be returned promptly [3]. - The regulations from the China Banking Regulatory Commission and the Ministry of Public Security emphasize that funds with clear ownership should be returned to the rightful owners [3]. Group 3: Dispute Over Fund Ownership - The key issue is whether the seized funds can be considered as having "clear and undisputed ownership," as Mr. Chen's financial loss remains unresolved [4]. - Mr. Chen's sale of gold items was a legitimate transaction, and he is deemed an innocent party, thus the funds should not be classified as illegal gains [4]. Group 4: Judicial Practice and Recommendations - Balancing the recovery of criminal proceeds and the protection of innocent third parties is a significant challenge in judicial practice [5]. - Legal interpretations indicate that funds obtained by innocent third parties in good faith should not be subject to recovery [5]. - It is suggested that the funds could be returned to Mr. Chen through direct transfer or through legal proceedings, ensuring his rights are protected [5].

Core Viewpoint - The article discusses the legal implications of using embezzled funds for live streaming tips, highlighting the ongoing debate about whether streaming platforms and streamers should return the illicit funds [1][3][11]. Group 1: Case Overview - A bank employee, Xi Wei, defrauded clients of over 1.6 billion yuan, with 600 million yuan used for live streaming tips [3][4]. - Courts have varied in their rulings on whether tips made with embezzled funds should be returned, with some courts viewing tips as gifts and others as transactions lacking reasonable compensation [4][5][11]. Group 2: Judicial Precedents - In a case involving a financial employee who embezzled 13.56 million yuan, the court ordered the return of over 5 million yuan given as tips, stating that the platform did not provide reasonable services [4]. - Another case ruled that 23 million yuan of embezzled funds used for tips should be returned, emphasizing the lack of a valid service contract [5][11]. Group 3: Legal Perspectives - Legal experts argue that the nature of live streaming tips is ambiguous, with some viewing them as gifts and others as contractual payments for services rendered [11][15]. - The concept of "good faith acquisition" is debated, with some courts allowing platforms and streamers to retain funds if they did not know the source of the money [12][13][17]. Group 4: Industry Implications - The rapid growth of the live streaming industry raises questions about the legal framework governing tips, with significant financial implications for platforms and streamers [16][18]. - Experts suggest that platforms should not be penalized if they fulfill their regulatory obligations and that the nature of tips should be recognized as a form of consumer transaction [15][16].

Core Points - A bank employee, Xi Wei, was sentenced to life imprisonment for defrauding clients of over 160 million yuan, with more than 60 million yuan used for tipping live streamers on the Inke platform [1] - The court ordered the recovery of 18.88 million yuan from the parent company of Inke, Milaiwu Company, as part of the criminal judgment [1][2] - Milaiwu Company contested the recovery, arguing that it did not participate in the fraud and provided legitimate services to users [2][3] Summary by Sections Fraud Case Overview - Xi Wei, a former bank manager, defrauded 31 clients from 2009 to 2022, collecting over 160 million yuan in investments, with 90 million yuan still unreturned at the time of the case [1] - The fraudulent activities included creating fake investment products and misusing client funds for personal expenses and live streaming tips [1] Legal Proceedings - The Zhengzhou Intermediate Court issued a ruling to recover 18.88 million yuan from Milaiwu Company based on the profits generated from the fraudulent activities [1][2] - Milaiwu Company filed an objection to the court's decision, claiming that the recovery was unfair and that they had no involvement in the fraud [2][3] Current Status - The court rejected Milaiwu Company's objection, stating that it was essentially a challenge to the criminal judgment, which is outside the scope of execution objections [3] - Milaiwu Company has since applied for a review from the Henan Provincial High Court, and a hearing was held on June 23, 2025, with no ruling yet issued [3]

Core Viewpoint - The case of a bank employee, Xi Wei, who committed fraud by creating fictitious financial products, has drawn significant attention due to the large amount involved and the prolonged duration of the fraudulent activities. Xi defrauded clients of over 1.6 billion yuan, with 900 million yuan still unrecovered at the time of the incident [1][5][7]. Group 1: Fraud Details - From 2009 to 2022, Xi Wei, as a client manager at a bank branch, deceived 31 clients into investing in non-existent financial products, collecting over 1.6 billion yuan in total [1][4]. - The fraud involved the use of forged bank seals and false promises of high returns and capital protection, leading to significant financial losses for the victims [4][5]. - The court found that Xi Wei's actions were particularly egregious, as she continued to present herself as a bank employee even after leaving the institution, and her fraudulent activities caused substantial economic harm to many victims, including elderly individuals [7][8]. Group 2: Legal Proceedings and Consequences - Xi Wei was sentenced to life imprisonment for her crimes, and her assets were ordered to be confiscated. The court also mandated the recovery of the embezzled funds [8][9]. - The bank branch where Xi worked has since been dissolved, and there are ongoing civil lawsuits against the bank for compensation claims from the victims [8][12]. - The live-streaming platform involved in the case has faced legal challenges regarding the recovery of funds that were used for tipping streamers, with the court ruling that a portion of these funds should be returned to the victims [10][12]. Group 3: Victim Compensation and Bank Responsibility - Victims have initiated lawsuits against the bank, claiming that it should bear responsibility for the losses incurred due to Xi Wei's fraudulent activities, as she operated within the bank's premises and used its resources to commit the fraud [15][16]. - The court has suggested that the bank may have a supplementary compensation responsibility due to its failure to detect Xi Wei's fraudulent actions over a prolonged period [18][19]. - There are precedents where banks have been held liable for similar fraud cases involving their employees, indicating a potential legal obligation for the bank in this instance [19].

Core Viewpoint - The case involving Beijing Milaiwu Network Technology Co., Ltd. (referred to as "Milaiwu") highlights the legal complexities surrounding the recovery of funds obtained through fraudulent activities, particularly in the context of live streaming platforms and the concept of "good faith acquisition" [1][3][9] Group 1: Legal Proceedings and Financial Implications - Milaiwu has appealed against the Zhengzhou Intermediate People's Court's ruling to recover over 18.87 million yuan in live streaming rewards, which the court did not support, leading to a further appeal to the Henan Provincial High Court [1] - The case stems from a fraud committed by former bank employee Xi Wei, who misled clients into investing in fictitious financial products, resulting in a total fraud amount of approximately 94.48 million yuan [2][6] - The court's decision to pursue the recovery of Milaiwu's earnings raises questions about whether the funds obtained through live streaming should be classified as "good faith acquisition" and whether banks have a regulatory responsibility in fraud cases [1][3][6] Group 2: Financial Crime and Banking Responsibility - Legal experts argue that the case reflects a deeper conflict between financial crime governance and the legal boundaries of emerging business models, particularly in the context of online platforms [1][9] - Milaiwu's legal representatives assert that the bank should bear primary responsibility for the fraud, as Xi Wei exploited her position to commit the crime, which undermined the trust clients placed in the bank [7][8] - The case draws parallels with previous rulings where banks were held accountable for employees' fraudulent actions, emphasizing the need for banks to fulfill their anti-money laundering obligations [6][8]

Core Viewpoint - The case involves a former employee of Everbright Bank who embezzled approximately 94.48 million yuan over 13 years, using a significant portion of the funds (around 60 million yuan) for tipping on live streaming platforms like Inke and Douyin. The court has ordered the live streaming platform, Beijing Milaiwu Network Technology Co., Ltd. (Milaiwu), to return nearly 20 million yuan in earnings from these tips, which the company disputes as it claims the earnings were legally obtained [1][2][3]. Summary by Sections Background of the Case - The fraud was perpetrated by a bank employee, who misled clients into investing in fictitious financial products, resulting in a total fraud amount of over 94.48 million yuan. The employee used the funds to tip streamers on live platforms, with 59.51 million yuan on Inke and 1.7 million yuan on Douyin [2]. Court Rulings and Legal Proceedings - The Zhengzhou Intermediate People's Court ruled that the tips made by the fraudster were not legitimate expenses and ordered the recovery of funds from the live streaming platforms and the streamers who received tips above 20,000 yuan. The court's decision was based on the premise that the tips contributed to the inability to repay the victims [3][4]. Dispute Over Fund Recovery - Milaiwu has contested the court's order, arguing that it acted in good faith and was unaware that the funds were derived from fraudulent activities. The company claims it fulfilled its due diligence obligations and that the tips were part of normal business operations [6][7]. Legal Concepts Involved - The concept of "good faith acquisition" is central to the dispute, where Milaiwu argues that it should not be liable for returning the funds as it did not know the source of the tips was illegal. The victims, however, argue that the tips should be considered gifts without a legal basis for recovery [6][7]. Responsibility of Financial Institutions - Milaiwu has suggested that Everbright Bank should bear some responsibility for the fraud due to inadequate oversight of its employees. This raises questions about the accountability of financial institutions in preventing employee misconduct [9][10].

以下文章来源于深蓝财经 ，作者深蓝财经 深蓝财经 . 影响价值圈层！创立于2011年，关注中国最具价值公司，是新中产的财富顾问。 同年6月，席薇开始用微信、电话联系客户，说自己手头有保本保息、收益超高还特别安全稳定 的 "内部" 理财产品。 那些客户，好多都是老年人，一听 "银行内部"" 保本保息"，立马信了，就这么被她骗到银行办 公区域，签了伪造的理财产品协议书。 作者： 王鑫 来源： 深蓝财经 2022年4月21日，郑州市公安局金水分局来了两位特殊的 "访客"。 一位受害者自称被金融诈骗200万，但有意思的是， 旁边跟着的中年女人 席薇， 不仅主动自 首，还对自己的罪行供认不讳。 谁能想到，在接下来的查证中，这个看起来老老实实的银行客户经理，竟在 13年间骗了31位客 户近1.6亿元，其中6100万 被她拿去打赏了主播 ，简直 "壕无人性"。 席薇是怎么做到的呢？ 故事得从2009年说起。 那时的席薇，已经在光大银行郑州 纬二路支行干了5年客户经 理，每天看着经手的钱流来流去， 心里的邪念就冒出来了。 "为了让自己过得好一点"，她琢磨出个惊天骗局。 为了不穿帮，她还在协议书上盖了 私刻的银行业务专用章 。 ...