Sunday, June 13, 2010

Found 3 more in China convicted of running TVI Express

This actually was released in March 2010, which would make these three the first convicted of running TVI Express scam in China. However, the Chinese websites are full of spam by TVI Express members spreading false information, and finding this article took some Google-fu. But here is is (link to original Google Translation). Apparently, only a civil penalty were accessed, which is why it received little notice.

Jincheng City Branch, Industry and Commerce Administration Administrative Penalty Notices
晋城市工商行政管理局城区分局行政处罚公告
 
Time :2010-03-09 11:47 Source: Market Guide Shanxi Shanxi News Net
时 间:2010-03-09 11:47 来源:山西新闻网山西市场导报 


张俊群、吴少娥、吴俊三人非法组织网络传销,本局依法作出没收非法财物和罚款的行政处罚
Zhang Jun Chun, Wushao Er, Wu Junsan illegal organized pyramid schemes, this Administration shall perform confiscation of illegal property and assess civil penalties.

因当事人现无 法联系,本局在作出行政处罚决定之前,依照法定程序在太行日报2009年12月30日公告送达了行政处罚听证告知书,已告知当事人拟作出行政处罚的事实、 理由和依据及其依法享有的权利。 
Because the administration were not able to contact the parties involved (ed: the investigation was done "in absentia") before the decision to assess civil punishment, according to legal procedures, the administration has, as required by law, published their assessment in Taishing Daily News on December 30, 2009, in the public announcement section, to notify all the results and assessment as determined by by administration, including the facts, reasons and basis and their rights under the law.

本局无法采取直接送达或者邮寄送达方式送达行政处罚决定书,根据《工商行政管理机关行政处罚程序规定》 第六十七条的规定,现将行政处罚决定书予以公告送达。 
Council could not make direct delivery or by mail a written decision on administrative penalty, thus, according to "industry and commerce administrative penalty procedures" 67th article, provides a public notification so the subjects can be notified.


行政处罚决定书(晋市工商城石罚字〔2010〕5号)。 
Administrative Penalty (Jin City Industrial and Commerce City, Si-Fa Zhi 〔2010〕 #5). 

经查当事人张 俊群、吴少娥、吴俊三人自2009年4月开始组织开展TVI国际旅游俱乐部网络传销活动,违反了《禁止传销条例》第七条之规定,根据《禁止传销条例》第二 十四条的规定,责令当事人停止违法行为,并作出以下行政处罚: 
The investigation shows Zhang Junchun, Wu ShaoEr, Wu Junsang started from April 2009, to spread the organization called [International] TVI Express [Travel], recognized as an illegal pyramid scheme, in violation of the "Regulations prohibiting pyramid schemes," the provisions of Article VII. Per "Regulations prohibiting pyramid schemes," the provisions of Article XXIV, the parties are ordered to stop illegal activities, and be subjected to the following administrative penalties:


1、没收非法财物笔记本电脑1台、手机1部; 
1, confiscation of illegal property: 1 laptop computer, 1 mobile phone

2、罚款人民币200000元。 
2, a fine of 200,000 yuan.
 本处罚决定书 自公告发布之日起经过60日,即视为送达。
The notice will be published for 60 days, as required by law, and the subjects are considered to have been "served" notice after 60 days from first day of publication.  
如不服本处罚 决定,可以自送达之日起60日内,依法向晋城市工商行政管理局或者晋城市城区人民政府申请复议。
If the subject wish to appeal, the subjects may, within 60 days from the date of service, file appeal with
Jincheng Industry and Commerce Administration, or Jincheng City government for reconsideration.  
也可以在公告 之日起3个月内直接向人民法院提起诉讼。 
Also, an appeal can be filed with the people court within 3 months of the "served" date.

晋城市工商 行政管理局城区分局 
Jincheng City Branch, Industry and Commerce Administration
 二○一○年三 月九日
March 9th, 2010 

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