2065 438+03. 9. 2 It was learned from Shenzhen People's Procuratorate that Ma Le, boss fund manager, was arrested on suspicion of using undisclosed information transactions.
The investigation organ initially found out that during May 30th, 20 1 1 20 13, Ma Le used the non-public information of Bosera Select Fund to operate three stock accounts under his control, placed orders by telephone with the temporarily purchased anonymous Shenzhouxing card, and bought 76 shares of the same stock from the Bosera Select Fund he managed before or at the same time, and traded them.
On July 1 day and June 12, 2065438, the CSRC froze three stock accounts, involving funds of 37 million yuan. On July 2013 17, Ma Le surrendered himself to the Shenzhen Stock Exchange. On the same day, Shenzhen Volkswagen filed a case for investigation and detained him in criminal detention.
When accepting the question, Ma Le confessed: "I use the three securities accounts I control to buy from the fund account first, and then buy from the fund account; Before the fund account is sold, the fund account is sold again, so that the controlled account can obtain stable high returns. " According to the investigation, the account holders of these three securities accounts are relatives or classmates of Ma Le's wife, but the accounts are all operated by Ma Le, who is also responsible for the passwords.
Guo Jia, the prosecutor handling the case, said: "As an employee of a fund management company, the suspect Ma Le used other undisclosed information other than inside information obtained by taking advantage of his position to engage in securities trading related to this information. The circumstances are particularly serious, and his behavior has violated the provisions of Article 180 of the Criminal Law and is suspected of using undisclosed information for trading. "
The prosecution said that according to the existing facts and evidence, Ma Le may interfere with the testimony of witnesses, which is socially dangerous and a necessary condition for arrest, so he was arrested.
According to the provisions of the Criminal Law, if the crime of trading with undisclosed information is serious, it shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention, and shall be fined not less than one time but not more than five times the illegal income; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than five years but not more than ten years, and shall be fined not less than one time but not more than five times the illegal income. 2065438+2004 1.2, the Shenzhen Procuratorate filed a public prosecution with the Shenzhen Intermediate People's Court on the case of Ma Le using undisclosed information. On March 24th of the same year, the Shenzhen Intermediate People's Court sentenced Ma Le to three years' imprisonment, suspended for five years, fined18.84 million yuan, and recovered his illegal income18.83 million yuan. On April 4, the Shenzhen Procuratorate protested that the first-instance judgment was wrongly applied and the sentencing was obviously inappropriate. The Guangdong Provincial Procuratorate supports the protest. 10 year 10 20th, the Guangdong Provincial High Court finally ruled that the protest was rejected and the original judgment was upheld. The Guangdong Provincial Procuratorate held that the final ruling was indeed wrong and lodged a protest with the Supreme People's Procuratorate on June 27th with 165438. On February 8, 65438, the Supreme People's Procuratorate studied the case, and concluded that the final ruling of this case was wrong in applying the law, which led to obviously improper sentencing, and decided to lodge a protest with the Supreme Court in accordance with the trial supervision procedure.
In the court hearing on July 8, 20 15, the Supreme People's Procuratorate sent two prosecutors to appear in court to perform their protest duties. Since Ma Le did not entrust a defender during the retrial, the Supreme Court informed the relevant legal aid agencies to appoint a lawyer to defend him in court. Both the prosecution and the defense fully expressed their opinions on the facts of the case and the application of the law, whether Ma Le's behavior was particularly serious, and whether the sentence in the original trial was appropriate.
After the trial in the morning, the collegial panel announced the selective sentencing. 2015 65438+February 1 1 the Supreme People's Court publicly pronounced the case of the defendant Ma Le using undisclosed information for retrial in the First Circuit Court of the Supreme People's Court, Shenzhen, Guangdong, sentenced Ma Le to three years' imprisonment and fined RMB19130,000 yuan. The illegal income of RMB 19 120246.98 yuan shall be recovered according to law and turned over to the state treasury.
The Supreme People's Court found out through retrial that Ma Le, the defendant in the original trial, used his undisclosed information to engage in securities trading activities related to the information during his tenure as the investment manager of Bosera Select Stock of Bosera Fund Management Co., Ltd., and bought and sold 76 stocks, with a cumulative turnover of 65.438 yuan+05 million yuan. The fact that Ma Le surrendered himself after the crime was consistent with the original trial. It is also found that Ma Le's illegal profit should be RMB 19 120246.98 yuan.
The Supreme People's Court believes that Ma Le, the defendant in the original trial, as an employee of the fund management company, used his position to obtain undisclosed information, which violated the law and engaged in securities trading activities related to this information, which constituted the crime of trading with undisclosed information. According to the provisions of the fourth paragraph of Article 180 of the Criminal Law, it shall be punished with reference to the provisions of the first paragraph of this article on the crime of insider trading and disclosure of inside information. Judging from the legislative purpose, significance and technology of this crime, all the provisions of the first paragraph of Article 180 should be applied. Ma Le used undisclosed information for trading activities, with a cumulative turnover of 65.438+0.05 billion yuan and an illegal profit of 65.438+0.910.2 million yuan. The amount of the crime far exceeds the standard of "the circumstances are particularly serious" in the Supreme People's Court and the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Specific Application of Law in Handling Insider Trading and Disclosure of Insider Information, which is the largest amount of such crimes seized in China at the time of the crime. According to the first paragraph of Article 180 of the Criminal Law, Ma Le should have been sentenced to fixed-term imprisonment of not less than five years but not more than ten years. In view of the fact that Ma Le can voluntarily return to China from abroad, surrender himself, return all illegal gains and pay the fine in full, and has a good attitude of pleading guilty and repenting, he can be given a mitigated punishment. The referee in the original trial misunderstood the legal provisions, which led to the degradation of Ma Le's criminal circumstances. Ma Le was sentenced to three years' imprisonment, suspended for five years, which should be corrected.