表见代理
Search documents
银行职员6000多万诈骗款直播打赏追缴背后:平台公司异议被驳,银行是否监管缺失引争议
Tai Mei Ti A P P· 2025-06-04 05:34
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]