(香港文匯報記者文禮願、蕭景源)虛擬資產交易平台JPEX被揭無牌經營後,一石激起千層浪,香港警方商業罪案調查科昨日展開全港大規模拘捕及搜查行動。曾在社交平台為JPEX宣傳的KOL林作、陳怡等6人,涉嫌串謀詐騙被拘捕。警方並搜查涉案的多間場外虛擬貨幣找換店(OTC)。截至昨日下午2時,已有1,408人報案,涉款10億元。香港文匯報連日來調查發現,事件揭露「幣圈」亂象頻生,不單止JPEX無牌經營,負責拉客的OTC在全港開到成行成市,但原來全部沒有依照今年6月生效的新例領取相關牌照,證監會卻未有採取行動取締,找換店猶如無王管,肆意吹噓虛擬貨幣是「發達捷徑」,引誘市民瞓身投資。
As of last 2 p.m., 1,408 people had reported a case involving $1 billion. The Hong Kong Document Report had found that the incident revealed that there was no currency, that JPX had no license, and that the OTC, who was in charge of soliciting customers, had gone to the market in Hong Kong, and that it had not been used as an incentive to make an investment.
警方犁庭掃穴式的拘捕行動於昨日上午開始,商罪科探員先到自稱為JPEX合夥人的KOL林作於中環娛樂行的OTC辦事處搜查,之後將林作押解往中區警署,並檢走數箱證物及多疊現金等作進一步調查。
The police ploughhouse scavenging operation began yesterday morning, when the Commercial Crime Unit agents first searched the OTC office in Kolin, which claims to be a JPEX partner, and then transferred Lin to the Central District Police Department and took several boxes of evidence and multiple cash deposits for further investigation.
警方亦搜查另一名為JPEX背書的KOL陳怡(原名陳凱怡)於尖沙咀永安廣場的陳大怡找換店。傍晚近6時,探員帶走兩名女子,同時檢走大批證物,包括大疊現金及電腦儀器等物件。
At approximately 6 p.m., the agents took two women and at the same time took a large amount of evidence, including cash and computer equipment.
6人涉串謀詐騙 查數十人
Six people were involved in conspiracy to commit fraud.
商罪科探員馬不停蹄搜查全港多間涉與JPEX有聯繫的OTC。其中,由「90後投資者」Priscilla Ng創辦的Coiner,在灣仔、尖沙咀及觀塘共有3間分店,其中灣仔皇后大道東的分店被警方破門進入搜查,當時店內無職員,探員其後在門外拉起封鎖線進行搜證;尖沙咀The ONE的分店亦有探員在內搜查。
The Commercial Crimes Unit's agents searched all over Hong Kong for multiple OTCs linked to JPEX. Among them, Coiner, founded by Priscilla Ng, a "90 post-investor", had three branches in Bay Bay, Tsim Shatao and Watch ponds, where the branch on Queens Avenue East was broken into and searched by the police, when there were no officers in the shop, and the agents behind them pulled a cordon off the door for a warrant; and the branch of the Tsim Shat ONE was also searched by agents.
加密貨幣分析師暨HongCoin(講幣)創辦人、人稱「東記」的KOL蔡曉東,探員到其位於堅尼地城的東館搜查,檢走一批現金、電腦及手錶等證物。同時,商罪科探員亦搜查多個涉宣傳JPEX的找換店,包括賣幣袋鼠(Coingaroo)位於旺角山東街、屯門市廣場及銅鑼灣駱克道的分店。
At the same time, the Commercial Crime Unit also searched a number of stores for the promotion of JPX, including Coingaroo, which is located on Mongkok East Street, Tummen City Square and Tungmen Bay Dynasty.
警方全日在各區分別拘捕4男2女,涉嫌串謀詐騙罪名,全部被帶署扣查。消息指警方調查目標多達數十人。
The police arrested four men and two women in each district on suspicion of conspiracy to commit fraud, all of them under arrest.
無牌經營的JPEX固然令投資者損失慘重,但作為「艇仔」的OTC亦害人不淺。香港文匯報調查發現,由於虛擬貨幣不屬於外匯貨幣,相關的找換店無須向海關申請「金錢服務經營者」牌照,但必須依照今年6月證監會新例申請相關牌照。
While the unlicensed JPEX cost investors a lot of money, the OTC, a "boat boy", is not as bad as the OTC. The Hong Kong Report found that since the virtual currency does not belong to the foreign currency, the relevant change shop would not have to apply to the customs authorities for the license plate of the "money service provider" but would have to apply for the license in accordance with the new regulations of the CSRC in June this year.
不過,證監會回覆香港文匯報查詢時表示,迄今仍無金融機構取得相關牌照。
However, the SEC replied to the Hong Kong Report Quest that no relevant licence plates had been obtained by the financial institutions to date.
粗略統計,香港坊間現時有逾20間OTC店較活躍,除了今次被搜的Coingaroo找換店、陳大怡找換店外,還有號稱「細威」及「肥鬼」開設的OTC,以及據稱由JPEX 持有的亞洲區塊鏈協進會及TakeOne OTC。
According to rough statistics, there are now more than 20 OTC shops active in Hong Kong, and in addition to Coingaroo, Chen Daeyi, who has been searched this time, there are OTCs known as "Sewy" and "Footy" facilities, as well as the Asian Links Association and TakeOne OTC, which are said to be owned by JPEX.
20萬酬勞拍片 入金回佣三成
{\cHFFFFFF}{\cH00FFFF} 200,000 strongs in film production, 30% in paid-back maids.
一名曾獲JPEX邀請加盟的KOL向香港文匯報透露,多家OTC之所以願意為JPEX助攻拉客,全因合作條件相當吸引。「JPEX開出10萬元至20萬元酬勞邀請他們拍片宣傳,亦有人氣極高的KOL酬勞十分高,客人入金(買幣)可以得到三成回佣。」他認為,OTC與JPEX有着微妙關係,有待警方調查。
One KOL, who had been invited by JPEX to join the coalition, reported in the Hong Kong paper that many OTCs were attracted by the terms of their collaboration. "JPEX offers between $100,000 and $200,000 to invite them to film and broadcast, and some of the most angry KOLs are well paid, and their customers get paid 30% of their domestics." He argues that OTC and JPEX have a delicate relationship that is pending investigation by the police.
不少苦主亦是透過OTC認識及投資JPEX,其中Peter正是因為誤信OTC負責人、KOL陳怡而慘蝕100萬元。他表示,半年前見陳怡不斷力推炒賣加密貨幣,於是到其OTC開戶,職員二話不說游說幫襯JPEX。其後,他加入陳怡的WhatsApp群組「炒幣」,陳怡經常在群內力推JPEX生產的JPC虛擬貨幣,他便花十多萬元購進JPC,短短一兩天便獲利數千元,隨後加碼50萬元投資,又極速獲利近20萬元,「佢(陳怡)成日叫人All in、將全副身家投資JPC,不知不覺間我都中晒毒,將銀行全部積蓄押注在JPC幣身上。一路有錢賺,一直無諗過要提款走人,點知JPEX突然爆煲,1毫子也提不出了。」
He said that six months ago, after seeing Chen Yi worked so hard to sell an encrypted currency, he went to his OTC account, where the staff member did not say anything about helping JPX. After that, he joined Chen Yi's Whatsapp group, which was called "All in a day, and invested the entire side in JPPC, which I didn't know I was working on, he spent more than a hundred thousand dollars on JPC in a single day or two on JPC. There was no cash, there was no cash, there was no cash, there was no cash, there was no cash, there was no cash, there was no PEX, there was no cash, there was no news of it."
JPEX昨日發聲明回應稱,會堅定不移繼續營運下去,而緊急提幣申請的專責小組仍繼續為用戶提供優先提幣協助。
In a statement yesterday, JPEX stated that it was determined that it would continue to operate, while the task force on urgent requests for currency continued to provide priority assistance to users.
代言人有否刑責 須看掌握多少內情
(香港文匯報記者 費小燁、文禮願)JPEX大灑金錢聘用大批名星、KOL代言或宣傳,他們有無刑責?大律師陸偉雄昨日向香港文匯報表示,他們的刑責要視乎他們掌握多少資料,「例如本身有透過該平台交易並賺錢,深信該平台是好東西,代言宣傳是基於真實體驗,就好難說他們合謀。」他指出,法庭會視乎環境證供,因此不能一句「唔知情」便能脫罪。而今次JPEX案的手法也與「龐氏騙局」類似,一般都是找來名人吹噓,從層壓式開始令人中招。他呼籲投資者不要盲目信奉「明星效應」。
JPEX spends a lot of money on celebrities, KOLs, or propaganda, and they have no criminal responsibility. The barrister, Wei-Hung, reported to Hong Kong yesterday that their criminal responsibility depends on how much information they have, “for example, that they have traded and made money through the platform, convinced that the platform is good, and that advocacy is based on real experience, so that it is difficult to say that they are complicit.” He notes that the court will not be able to excuse the crime by referring to environmental evidence.
關注加密貨幣發展的香港智慧城市聯盟資訊科技管理委員會主席龐博文表示,現時OTC需向證監會申領相關牌照,惟不少OTC店均無視規管,更推說監管條例並不合適,「OTC隨便租個舖位或寫字樓便開門營業,部分店主更化身投資專家,以開群甚至開班方式教人投資加密貨幣,好離譜。」他指出,部分這類課班更獲政府的持續進修基金資助。
The Chairman of the Hong Kong Council for the Management of Information Technology of the Alliance of Smart Cities, which is concerned with the development of encryption currency, Pang Bo, said that at this point OTC was required to apply to the SEC for license plates, except that many OTC shops were not subject to regulations, and even more so that the regulations were not appropriate. “OTC opened its doors by renting a seat or a writing building, and some of its owners became investment specialists to teach people to invest in encryption currency in the form of grouping or even classes.” He noted that some of these classes were more supported by the Government’s continuing fund.
龐博文認為,投資加密貨幣屬高風險投資,加上近年不法之徒愛用加密貨幣洗黑錢,政府有必要對OTC作出嚴格監管,包括審查其是否獲得牌照,追查資金去向,堵截罪犯及恐怖主義的資金來源。
Pombovin argues that investing in encrypted currency is a high-risk investment, coupled with recent years of outlaws who prefer to launder their funds with encrypted currency, and that it is necessary for the government to exercise strict oversight over OTC, including by checking whether it has been issued with a license plate, tracing the funds, and blocking the sources of criminals and terrorism.
19厘投資回報似「龐氏騙局」
19-point investment returns like a Ponzi scam.
立法會議員吳傑莊表示,JPEX平台以高達19厘的不尋常投資回報吸引市民投資,手法與「龐氏騙局」無疑,呼籲市民提高警覺,「正常的交易平台沒可能不容許投資者提款,(JPEX)完全不合理,且對投資者毫無保障。」
Members of the Legislative Council, Jae-Jung Oh, stated that the JPEX platform attracted investment from citizens by up to 19 degrees of irregular investment returns, in a way that was indisputable from the Ponzi scheme, and called on citizens to raise awareness that "the normal trading platform is not likely to allow investors to make withdrawals, and that it is totally unreasonable and without safeguards for investors."
【特稿】議員接30宗求助 苦主憂血本無歸
(香港文匯報記者 文森)「整個投資過程畀咗我哋好多憧憬,平台稱(加密)幣如何升、未來JPEX發展如何好。我聽很多同學或朋友也是『瞓身』投資。」。苦主Jenny承認,自己對虛擬資產的認知度不足,因誤信網紅的吹噓引致數以十萬元的投資「凍過水」。自從該平台遭證監會點名警告後,苦主們便再也不能將貨幣套現。協助他們的立法會議員吳傑莊表示,上周五起已接獲至少30人求助,涉款逾億元,呼籲苦主們主動報案。
"The entire investment process has given us a lot of ideas as to how the (encrypted) coins will be raised and how the future JPEX will be developed. I have heard that many of my classmates or friends are "blind" investing." Jenny, the poor owner, admits that he has a low level of awareness of virtual assets, resulting in hundreds of thousands of dollars of investments "frozen" as a result of the hype of false letters. Since the platform was named, the owners have been unable to put the currency away.
誤信JPEX有牌照有實力
misconstrued JPEX's license plate is valid
Jenny今年3月報讀一間場外交易所(OTC)的加密貨幣課程時,有人介紹經該OTC在JPEX平台投資加密貨幣,其間被游說購買不同產品。她認為,虛擬資產為大勢所趨,加上課程「導師」聲稱 JPEX已申請牌照、很安全,投資回報高,「當時見市面有JPEX的不同廣告,加上有網紅和風水師推介,OTC亦扮演好重要角色、教我們何謂區塊鏈,令我們投資時有互相扶持的感覺,所以才放心買。」
When Jenny reported on an OTC encrypt currency course on an off-site exchange in March this year, she was introduced to OTC's investment in encrypted currency on JPEX platform, where she was told to buy and buy different products. She thought that virtual assets were a big deal, and that the course's "director" claimed that JPEX had applied for license plates, was safe and invested back in it. "As there was a different publicity about JPEX on the market, and with the use of red and wind watermen, OTC played an important role in teaching us what we called links, and we had a sense of mutual support when we invested, so we were confident to buy it."
Jenny身邊不少同班學員或朋友也「瞓身」投資JPEX,但日前平台遭證監會點名警告後,他們在平台的血汗錢無法調撥及套現,隨時血本無歸。
Many of Jenny’s classmates or friends are also "free" from JPEX, but after being warned that the platform had been named by the SEC, they were unable to transfer and collect their money at any time.
另一名苦主阿Lo同樣投資數以十萬元於該平台,他稱當初「瞓身」投資的原因是該平台宣傳攻勢凌厲,「今年初在很多大廈和隧道出入口、電視及港鐵廣告和社交媒體見到有關 JPEX 的廣告海報,又有明星、網紅力撐,加上陸續有實體商店開設,以為有一定財力、信得過,便跟上虛擬貨幣的潮流賺錢。」
Lo, the other poor owner, also invested $100,000 in the platform, claiming that the reason for the investment was because the platform was so aggressive that "at the beginning of this year he saw posters about JPEX in many buildings and tunnel entry and exits, television and steel commercials, and social media, with star and red power, and with the continued opening of real shops, he thought he had some means and trust to keep up with the tide of virtual currency."
議員倡過渡期公布平台名單
Congressman
協助苦主的吳傑莊表示,據知有逾百間類似平台正申請牌照,惟現時投資者所知資訊有限,建議證監會公布在過渡期內的平台名單,讓公眾更認識其投資的虛擬資產平台的背景,以免墮入騙局。
According to JJ Oh, who is assisting the victims, more than 100 similar platforms are known to be applying for license plates, with limited information available to current investors, the SEC is advised to publish a list of platforms during the transition period to make the public aware of the context of the virtual asset platforms in which they are investing, so that they do not fall into the trap.
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