文/Yongjian
The former vice chairman of the Chinese People's Political Consultative Conference (CPPCC) "used loans for personal gain" while serving as the chairman of , a local investment consulting company, and colluded with others to accept bribes totaling more than 7 million yuan. At the time of his trial, he had been retired for 13 years.
"distributing dividends"
In June 2003, the Xiantao Municipal Government of Hubei Province signed an agreement with the Hubei Provincial Branch of a bank (hereinafter referred to as the provincial branch) to cooperate in building a Xiantao small and medium-sized enterprise financing platform to provide loans to qualified small and medium-sized enterprises. Soon, Xiantao City decided to establish an Investment Consulting Co., Ltd. (hereinafter referred to as Investment Company ) and a Small and Medium Enterprise Credit Guarantee Co., Ltd. (hereinafter referred to as Guarantee Company) to be responsible for loan review and credit guarantee respectively. Chen Moufa, 54 years old at the time, had been serving as vice chairman of the Municipal People's Political Consultative Conference for less than half a year, and took the initiative to ask Ying to "do some practical things." Considering his long-term engagement in economic management, Chen Moufa was appointed as the chairman of the investment company.
A certain Electronic Materials Co., Ltd. (hereinafter referred to as the electronics company) in Xiantao City is a recently established private enterprise. In early March 2006, the company applied for a small and medium-sized enterprise loan of 80 million yuan from the provincial branch. After evaluation, the value of its assets is far from meeting the loan conditions. Lu Jin, the owner of an electronics company, and Zhang Jian, the vice president in charge of the customer department of the provincial branch, were from the same hometown, so he asked Zhang Jian for help and promised to pay him a proportional benefit fee. Zhang Jian knew that Lu Jin was a "credible" person, so he immediately pointed out: "This matter can definitely be solved by contacting Director Chen." He called Chen Moufa and said: "Lu Jin's company has great development potential, as long as the guarantee problem is solved , the loan is in line with the policy.” After hearing what someone from the provincial branch said, Chen Moufa said that it “can be operated.”
In that month, Chen Moufa reached a consensus with Zhao Yong, chairman of the guarantee company, that the guarantee company would provide the guarantee. Chen Moufa signed the approval on behalf of the investment company, and reported it to the provincial branch for review and approval by Zhang Jian - a special loan of 74 million yuan for small and medium-sized enterprises. Fast forward to electronic company accounts.
Lu Jin is indeed very particular about "credit". Soon after the loan is credited, he will fulfill his promise to Zhang Jian. Zhang Jian said, "We'll talk about it later."
In September 2006, after repeated discussions, Zhang Jian and Chen Moufa both believed that taking benefits directly was too explicit. It was better to collect "dividends" from electronic companies under the guise of investment to avoid legal risks. Chen thought that Xie Wei, the supervisor of the investment company, could be useful, so he proposed that he, Zhang Jian, Zhao Yong and Xie Wei jointly invest in the shares. Zhang Jian agreed. When Zhang Jian expressed the idea of "investing in shares" to Lu Jin, Lu Jin applauded continuously.
In early November 2006, Chen Moufa ordered Xie Wei to draft an investment contract using the pseudonym of "Chen Xin", stipulating that "Chen Xin" would invest 2 million yuan as preferred shares, accounting for 5% of the shares of the electronics company, and receive a fixed dividend of 1.5 million yuan per year. Yuan. Among the funds invested, Zhang Jian invested 1 million yuan, Chen Moufa invested 400,000 yuan, Zhao Yong invested 300,000 yuan, and Xie Wei invested 300,000 yuan.
From 2007 to 2009, the electronics company fulfilled its annual fixed dividends in full, and the four people distributed them proportionally. In early 2010, when the electronics company's performance declined, Zhang Jian "sympathized" with the difficulties of his old friend Lu Jin and took the initiative to lower the annual fixed dividend amount to 1 million yuan. In April 2014, Zhang Jian proposed to withdraw the fixed income in 2013 and withdraw the principal. Chen Moufa, Zhao Yong and Xie Wei all agreed.
As of May 2014, Zhang Jian, Chen Moufa, Zhao Yong, and Xie Wei had collected a total of 8 million yuan in "dividend payments" from electronics companies seven times, and recovered a principal of 2 million yuan.
Frequently "honor"
As the owner of a private enterprise, Lu Jin has long been concerned about the status of Chen Moufa, vice chairman of the Chinese People's Political Consultative Conference, and visits the "Chen Mansion" every year and festival, usually giving him some green rice and local chickens from his hometown. Contact feelings. On the eve of the Spring Festival in 2005, Lu Jin visited Chen Moufa as usual. This time he handed over a red envelope containing 10,000 yuan in cash, and the bribery of real money began. When
Electronics Company applied for a small and medium-sized enterprise loan, it was actually Lu Jin and Chen who performed a double act. In January and February 2006, Lu Jin gave Chen a cash of 10,000 yuan each and asked Chen to help him get a loan from the electronics company. Chen Moufa said: "I am afraid that the assets assessment will not pass the test. However, you and Zhang Jian, the leader of the provincial branch, are from the same hometown. As long as he comes forward, I will have confidence.""After Zhang Jian spoke, Chen Moufa pushed the guarantee company to stamp the application form, and instructed the staff of the investment company to simplify the procedures and speed up the processing.
One day in September 2006, Chen Moufa's son held a wedding in a hotel. Lu Jin went to congratulate him and handed over a bank card with 100,000 yuan as a gift. In February 2007, when Chen was about to retire, Lu Jin came again. He "honored" 10,000 yuan.
An environmental protection equipment manufacturing company in Hubei (hereinafter referred to as the environmental protection company) applied for an investment promotion project in Xiantao City and wanted to obtain policy loan support. This time, I applied for a small and medium-sized enterprise loan from the provincial branch through an investment company and was issued by Chen. The investment company signed two contracts with the provincial branch, and the environmental protection company received a loan of 43 million yuan. From June 2005 to January 2009, the investment company provided short-term loans to the environmental protection company many times, totaling 41.7 million yuan. To express his gratitude, Wang Hui, the legal representative of the environmental protection company, gave Chen a total of 120,000 yuan
20071. In February, Chen Moufa retired from the Xiantao Municipal People's Political Consultative Conference and no longer served as the chairman of the investment company. Unwilling to be lonely, he relied on the contacts he had accumulated over the years to start a certain key investment company. The registered business scope included investment and financial management, Financial management consulting, etc.
Lu Jin knew that the power of a key investment company should not be underestimated. In order to continue to get help from Chen Moufa, he started from 20. From 2008 to 2010, Lu Jin gave 10,000 yuan to Chen Moufa every year before the Spring Festival. In August 2012, a client of a key investment company "ran away", and Chen Moufa owed a debt because of this. In April 2014, Chen Moufa planned to withdraw from the electronics company mentioned above with a loan of 1 million yuan, and Lu Jin proposed to refund the principal of 400,000 yuan to Chen Moufa. The 2012 dividend payment of 200,000 yuan and the "2013 dividend payment" of 200,000 yuan will be offset against the debt of 800,000 yuan, and the remaining debt of 200,000 yuan will be forgiven. Chen Moufa agreed.
In order to repay the debt owed by the company Due to the debt, Chen Moufa came up with the idea of starting an environmental protection company. He boasted to Wang Hui, who didn't know the truth, that his business was booming after he went into business, and he asked Wang Hui to take over " Wang Hui's company had a tight position, but he thought that Chen Moufa might be able to help get some loans, so he transferred 1 million yuan to a certain key investment company. In December 2014, a key investment company paid 200,000 yuan in interest, and then all the principal and interest were lost. Wang Hui repeatedly demanded payment. Chen Moufa always excused himself by "repaying it soon"
Imprisoned for 10 years
Since 2019, the electronics company has been trapped in a debt whirlpool and has been unable to repay the huge loan arrears. After layers of accountability, Zhang Jian, Chen Moufa, Zhao Yong, The issue of "investment dividends" by the four Jie Wei surfaced. In January 2020, Zhang Jian, Zhao Yong, and Xie Wei were brought to justice one after another. At this time, Chen Moufa had just been diagnosed with early-stage cancer. Chen's wife persuaded him to surrender and seek leniency. Chen Moufa said: "I have retired for so many years, not to mention that I am seriously ill, so you can't do anything to me!"
Zhang Jian and three other people handled the case separately. After auditing, based on the operating conditions of the electronics company, the income they deserved from 2007 to 2013 was 513,500 yuan. The income earned by Zhang Jian and others was 7.4865 million yuan higher than the income they deserved from their investment, and they were investigated for criminal liability according to the crime of accepting bribes. The income obtained by Chen Moufa was 1.4973 million yuan, which was higher than the income due from the investment.
In early July 2020, Chen Moufa, who was discharged from hospital shortly after he was discharged, was detained by the supervisory authority. During the investigation, Chen Moufa took the initiative to confess that he had accepted bribes from Lu Jin and Wang Hui alone, totaling 480,000 yuan. After being brought to justice, he only returned the stolen money of 80,000 yuan. He said: "I lost all my money by starting a company after retirement."
On February 5, 2021, the People's Procuratorate of Yingshan County, Hubei Province accused Chen Moufa of committing crimes, either alone or in conjunction with others, while serving as the chairman of the Xiantao Investment Company. Others illegally accepted bribes totaling 7.9665 million yuan, and the individual actually received 1.9773 million yuan.
Chen Moufa, who was standing in the defendant's seat, said: "I am 71 years old and ill. I ask for leniency." His defender admitted the charges charged by the prosecutor and the amount of personal bribery. Objection was raised regarding the joint bribe amount and the actual amount received: The behavior of Chen Moufa and others was called investment but was actually a loan, and the interest portion exceeding the maximum standard for private lending was obtained from bribery.The total amount of bribes accepted by the four people should be 4.64 million yuan, and Chen Moufa personally received 948,000 yuan. Therefore, Chen Moufa, together with others and individuals, accepted bribes totaling 5.12 million yuan, and he personally received 1.408 million yuan. When Chen Moufa was under investigation, he truthfully handed over other similar criminal facts that were not yet known to the case handling agency and should be given a lighter punishment; he should be refunded. Part of the illegal income; he is a cancer patient, and it is recommended that he be temporarily executed outside prison. The court did not adopt the defender's suggestion that Chen should be executed outside prison.
After trial, the court of first instance held that Chen, as a staff member of a state agency, took advantage of his position to seek benefits for others, and accepted a total of RMB 7.9665 million alone or with others (the individual’s actual income was RMB 1.9773 million). The amount was extremely huge, and his behavior This constituted the crime of accepting bribes and was found guilty as charged by the public prosecution. The defender objected to the amount of bribes jointly accepted, and the court did not accept this defense opinion. After Chen Moufa arrived at the case, he truthfully confessed the facts of the crime, returned part of his illegal gains, and voluntarily pleaded guilty and accepted punishment. He could be given a lighter punishment in accordance with the law.
On July 23, 2021, the first instance verdict of the Yingshan County People's Court was that Chen was guilty of accepting bribes and was sentenced to to 10 years in prison and fined 1 million yuan. Regarding Chen’s illegal gains, the 80,000 yuan that had been voluntarily refunded and transferred with the case was confiscated, and the 1.8973 million yuan that had not been refunded was recovered.
Chen Moufa was dissatisfied with the first-instance judgment and appealed. On October 19, 2021, the Intermediate People's Court of Huanggang City, Hubei Province issued a final criminal ruling: rejecting the appeal and upholding the original verdict.
(names in the text are pseudonyms)
