On Illegal Fundraising Crimes within Private Equity Fund Sector
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.