Repeated arrests and repeated crimes, many people were sentenced.
Recently, the Audit Commission mentioned in the investigation on the clues of transferring violations of discipline and law that Chen Gang, the former head of the Jiangsu regional business department of Ping An Trust, was suspected of asking for huge amounts of money in the name of financial consulting fees during the period of 20 12 to 20 16. On June 5438+0, 2020, the Audit Commission transferred this clue to the Jiangsu Provincial Public Security Bureau for investigation.
In August of 20021year, Chen Gang was sentenced to fixed-term imprisonment of 15 years for accepting bribes and illegally issuing loans by non-state staff, and his property was confiscated150,000 yuan, and his illegal income was recovered by 532 million yuan.
According to the investigation announcement of the National Audit Office over the years, corruption in Chen Gang is not a case in the trust industry.
For example, in the case transferred to the Supreme People's Procuratorate by the National Audit Office in 20 17, Song Chong, the former deputy general manager of Shandong International Trust, was suspected of taking advantage of his position to seek illegitimate interests and accept money for others in trust financing from 20 12 to 20 17. Finally, he was convicted of accepting bribes and taking advantage of his position on February 20 18.
The refereeing documents of Chen Gang and Song Chong have not been published on the Internet. The first-instance judgment of 20 18 Song Chong case published by Shandong Higher People's Court shows that its illegal income and fruits amount to 102 million yuan. Among them, taking advantage of his position as the general manager, assistant to the general manager and deputy general manager of the South China Regional Headquarters of Shandong International Trust, he sought benefits for others in trust financing and illegally accepted other people's property of 7,523,800 yuan; During the period from June 20 13 to June 20 15, while concurrently serving as the general manager of Shenzhen yongguan company, he illegally occupied the funds of Shenzhen yongguan company in the name of paying consulting service fees.
According to insiders, this kind of corruption is not new in the field of financing, especially in the period of rapid expansion of trusts in previous years, but such a large sum as Chen Gang's case is rare.
Up to now, there have been many public cases of trust personnel "taking kickbacks" or paying benefits to intermediaries in financing, including the former assistant to the president of Zhongrong International Trust, the former general manager of the third business department of Hunan Trust, the general manager of Beijing business headquarters, and the senior product design manager of SDIC Trust. In addition to trust companies, as the main way of corporate financing, banks often have employees, including Liu, the former account manager of Baoshang Bank Beijing Branch, the department manager of financial business department, and Liu, the deputy general manager of Nanchang Investment Banking Department of Minsheng Bank.
According to the verdict, most of the people involved were sentenced for corruption, bribery, bribery, illegal loan issuance and other crimes. The amount involved ranged from tens of thousands to tens of millions of yuan, and many people were sentenced to 10 years.
How to put the "financial consulting fee" into your pocket?
How do these shocking illegal gains "naturally" fit into the pockets of relevant personnel?
From the details of the case, some enterprises turned to trust financing because they could not bear the high cost or failed to meet the qualification of ordinary bank loans, while the project leader actively or passively accepted the "benefit fee" of financing enterprises or intermediaries, euphemistically called "financial consulting fee", and the rate was mostly 0.2%-2% each year. In order to hide people's eyes and ears, most of the funds will enter third-party companies first, and many trust practitioners will set up shell companies specifically for this purpose.
Take the case of Wei Li and Wu Zhijie of Hunan Trust as an example. As soon as Wei Li 20 12 took office as the manager of Beijing business headquarters, he registered and established Chengfengda Investment Consulting Co., Ltd. (hereinafter referred to as "Chengfengda") in Beijing, which was specially used to collect benefits from financiers in the name of "investment consulting fee" in handling loan business through Hunan Trust. Wei Li told Yang Jialiang, who was working in Loudi Finance Bureau at that time, that he "only did government loan business", in which the business outside Hunan Province was done by Li Wei and the business inside Hunan Province could be done by his friend Wu Zhijie, and the charging standard was 0.5%-0.7945% of the loan amount. As a middleman, Yang arranged business and shared profits.
Among them, in the first half of 20 12, Lengshuijiang Urban and Rural Investment Company has a fund-raising fund for employees to repay. However, due to the high bank interest rate and financing difficulties, Yang Jialiang was introduced by an acquaintance. In the process of Lengshuijiang Urban and Rural Investment Company's matchmaking for Xiangcai Trust Loan, Yang was instructed to ask the financier for a "consulting fee" and signed a financial consulting agreement with the other party in the name of Chengfengda. After accepting Wei Li's entrustment, Wu Zhijie approved the project and attended the meeting knowing that the actual use of the loan of Lengshuijiang Urban and Rural Investment Company was inconsistent with the contract and the mortgaged property was not up to standard, and finally signed a loan contract of 95 million yuan, so Cheng Fengda received a consulting fee of 2.2 million yuan. After deducting taxes and management fees, a middleman accepted 250,000 yuan, received transfer and withdrawal1889,980 yuan, of which 570,000 yuan was transferred to the account, 50,000 yuan was transferred to his girlfriend Zhuang Yating's mother Li, and 300,000 yuan was transferred out.
Through a similar model, with the cooperation of Yang Jialiang, Wei Li successively promoted loans of 65.438+0.99 billion yuan and accounts receivable transfer and repurchase agreements of 300 million yuan for two local state-owned enterprises in Hunan and Sichuan, corresponding to financial consulting fees of 46.5438+0.79 million yuan and 2.4 million yuan respectively; However, in the case that Puxin City Investment in Puding County, Guizhou Province is in urgent need of funds, and the local financing cost is higher than the Hunan trust loan interest rate, Wei Li proposes to charge the financier an annual financial consulting fee of 1.8%, which is significantly higher than the usual rate of 0.4%. The purchase amount receivable this time is 1.99 million yuan (three years), and the corresponding financial consulting fee is as high as 1.746 million yuan. In the financial consultancy contract, the aforementioned 1.8% consultancy fee is divided into 1.2%/ year financial consultancy fee and 0.6%/ year project sales fee, which need to be paid in one lump sum within 5 working days after the loan is in place, which also means that the total rate for three years is as high as 5.4%.
In addition, during his tenure as senior product design manager of Trust Co., Ltd. on 20 12, Chen "ate at both ends" in the process of promoting the implementation of a single fund trust project10 million yuan, not only demanding10 million yuan from project users, but also accepting 200,000 yuan from fund clients. In the end, he was sentenced to 6 years in prison for accepting bribes and fined 100.
A similar story happened in Zhongrong International Trust under Zhongzhi, but Miao Hui was better at using "Yin-Yang Contract" than Wei Li's blatant "taking kickbacks".
From 20 12 to 20 13, Miao Hui was the assistant to the president of Zhongrong International Trust Industry Cooperation Department and the executive president of Zhongtai Chuangzhan Company. In the process of promoting a 50 million yuan entrusted loan (with a term of 24 months and a financing interest rate of 40%/ year) mortgaged by Zhongtai Chuangzhan, the borrower is Jufu Real Estate and the lender is Beijing Xuhui Zhaoyang Company. However, in the process of financing the other two companies through Zhongrong International Trust, Miao Hui also misled the financiers into thinking that Vantone could belong to Zhongzhi in two financing cases with financing interest rates of 65,438+03.5%/year and 27%/ year respectively, and signed two contracts for each loan, pocketing the income of 65,438+0%/year and 2%/ year respectively. On the whole, Miao Hui's three businesses made illegal profits of 24 million yuan.
Corruption does not only exist in trust financing.
In addition to financing, there is also a "financial consultant fee" in the trust marketing process. In the process of recommending1000 million yuan of trust products to Yongzhou Rural Commercial Bank on 20/0/6, Wu Zhijie and others charged the other party a "financial consulting service fee" of 740,000 yuan in the name of a third-party consulting company, on the grounds that the other party made a good profit after purchasing the trust products, and other banks followed up, resulting in a shortage of trust products. Charging fees can ensure that the other party has the preemptive right and get the highest annual income.
Not only trusts, but also banks as the main financing channels of enterprises are no exception. According to a judgment published in March, 2065438+2009, Liu, manager of the financial department and customer department of Beijing Branch of Baoshang Bank, charged the financier a consulting fee of 532,000 yuan during the period of 2065438+2003 when handling the loan business of Xinsheng civil coal storage and sales channel in Hequ County. This not only exposed the internal corruption of the contractor bank, but also further aggravated the risk of internal management loopholes. In 20 15, when Liu applied for a loan of 200 million yuan from the same financing party, he did not carefully review the credit rating of the enterprise that used the loan and the false information submitted, did not conduct on-site due diligence, and did not verify Li's identity and authority in the process of signing the contract face to face, so he reported the loan to the relevant bank departments for approval and distribution, and finally only recovered part of the interest.
It is worth noting that this kind of corruption also involves executives. In the case of Hu Yuan, former deputy director of Anhui Banking Regulatory Bureau of China Banking Regulatory Commission (hereinafter referred to as "Anhui Banking Regulatory Bureau"), Hu Yuan once "greeted" investors at the loan review meeting of Guoyuan Trust, a single fund trust project financed by Chuzhou Tongchuang Construction Investment Company. After the project meeting, Hu's wife, as one of the middlemen, received a "financial consultant fee" of 6,543,800 yuan.
The aforementioned insiders pointed out that this phenomenon mostly occurred before 20 18. With the deepening of financial anti-corruption and the rectification of irregular businesses such as new regulations on asset management, this kind of corruption will eventually have nowhere to hide.