In May, Storm TV, a subsidiary of Storm Group, exposed the "demobilization" storm.
In June, the after-sales service policy of Storm TV was changed as follows: from June 1, it was fully adjusted to pay service.
On July 12, Stormwind Group issued a semi-annual loss forecast, and it is estimated that the storm loss will be 230 million to 235 million from June 30, 2019 to 2019.
On July 30th, due to Feng Xin's criminal detention on the 28th, the company's share price fell 10% as soon as the announcement was issued. The latest stock price is 5.67 yuan, and the market value is only 1.868 billion yuan, which is 20 times smaller than the peak market value.
As of the close of September 2, it was reported at 5.03 yuan/share. Compared with the closing price of 6.30 yuan/share on July 26, the share price has fallen by more than 20%. (Zhongxin Jingwei APP)
Article 164 of the Criminal Law of People's Republic of China (PRC) stipulates that "in order to seek illegitimate interests, employees of companies, enterprises or other units are given property, and the amount is relatively large, they shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention; If the amount is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined.
If a unit commits the crime mentioned in the preceding paragraph, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the provisions of the preceding paragraph.
If a briber voluntarily confesses to taking bribes before being prosecuted, the punishment may be mitigated or exempted.
The Criminal Law Amendment (VI) extends the object of this crime to all people except state functionaries. In other words, as long as there is bribery, the object is the state staff, which constitutes the crime of accepting bribes, and the non-state staff constitutes this crime.
According to Article 9 of the Provisions of the Supreme People's Procuratorate and the Ministry of Public Security on the Standards for Filing Economic Crime Cases, the bribery case of company and enterprise personnel (Article 164 of the Criminal Law) stipulates that:
In order to seek illegitimate interests, giving property to employees of companies and enterprises, the amount of personal bribes is 6.5438+0 million yuan, and the amount of unit bribes is more than 200,000 yuan, which should be prosecuted.
In other words, as long as the amount of bribes paid to non-state staff is more than 1 10,000 yuan, it constitutes a crime and can be filed for prosecution.
According to the first paragraph of Article 164 of the Criminal Law and Article 11 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Corruption and Bribery (Fa Shi [2016] No.9), the sentencing and punishment standards for bribery of non-state staff are as follows:
1. Bribing a large amount (more than 60,000 yuan but less than 2 million yuan) to a non-state employee shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also be fined.
2. Whoever pays bribes to non-state staff in a huge amount (more than 2 million yuan) shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years and shall also be fined.
3. If a unit commits the crime of bribing a non-state employee, it shall be fined, and the directly responsible person in charge and other directly responsible personnel shall be punished in accordance with the above-mentioned Articles 1 and 2.
4. If a fine is imposed, a fine of not less than 100,000 yuan but not more than two times shall be imposed.
5. If the briber voluntarily confessed the bribery before being prosecuted, the punishment may be mitigated or exempted.
6. Other sentencing circumstances:
(1) If a briber voluntarily confesses to taking bribes before being prosecuted, he may be given a lighter or mitigated punishment. Among them, if the circumstances of the crime are minor, which plays a key role in the detection of major cases, or if there is significant meritorious service, the punishment may be mitigated or exempted.
According to the facts and circumstances of the crime of accepting bribes, those who may be sentenced to fixed-term imprisonment of not more than three years can be considered as "minor crimes". Under any of the following circumstances, it can be considered as "playing a key role in detecting major cases": voluntarily explaining the clues of major cases that the case-handling organ has not mastered; The criminal clues voluntarily confessed do not belong to the clues of major cases, but play an important role in the detection of major cases; Taking the initiative to confess the facts of accepting bribes plays an important role in collecting evidence in major cases; Taking the initiative to confess the facts of accepting bribes plays an important role in the pursuit of major cases.
(two) if the bribery is not handled for many times, it shall be punished according to the cumulative amount of bribes;
(3) If the briber's act of seeking illegitimate interests constitutes a crime, he shall be punished for several crimes of bribery.
(4) If a briber confesses to a crime after being prosecuted, he may be given a lighter punishment in accordance with the provisions of the third paragraph of Article 67 of the Criminal Law; By truthfully confessing one's crimes, particularly serious consequences are avoided and the punishment can be mitigated.
(4) If the briber exposes other criminal acts unrelated to the briber's bribery, and it is verified through investigation, he may be given a lighter, mitigated or exempted punishment in accordance with the provisions of Article 68 of the Criminal Law on meritorious service.
(5) Generally speaking, probation and exemption from criminal punishment are not applicable to the crime of bribery under any of the following circumstances: bribing more than three people; Having received administrative punishment or criminal punishment for bribery; Bribery for the implementation of illegal and criminal activities; Causing serious harmful consequences; Other circumstances in which probation and exemption from criminal punishment are not applicable. There are circumstances stipulated in the second paragraph of Article 390 of the Criminal Law, that is, if a briber voluntarily confesses to accept bribes before being prosecuted, it is not subject to the restrictions stipulated in the preceding paragraph.
(6) In accordance with the provisions of Article 64 of the Criminal Law, recover, order restitution or return the interests of the victims of the crime of accepting bribes. It is suggested that the relevant departments should deal with other illegitimate interests, such as business qualifications, qualifications or job promotion, other than property interests.
The special provisions of the state on sentencing circumstances can reduce and exempt punishment, in fact, in order to divide and disintegrate the offensive and defensive alliance in bribery cases.
Bribery of non-state staff and bribery, bribery and bribery of non-state staff; It is difficult to break through such cases, and it is difficult to break through fixed evidence and confessions. Because such cases are all breakthroughs, they all start with bribers. If the briber can truthfully confess, and help the investigation organ to provide clues to arrest, and successfully arrest the briber, it can be considered as a major meritorious service and can be exempted from punishment.
It can be inferred from the announcement of the People's Procuratorate of Jing 'an District of Shanghai and the level of economic development in Shanghai that Feng Xin's bribe amount must be more than 10,000 yuan. Moreover, before the investigation by the public security organs, it is very likely that they did not take the initiative to explain and missed the important plot of fighting for probation or light sentence. Combined with other related cases (according to the network, the briber may be Guo Junjie of Yiju Capital), we can know that Feng Xin was investigated only after the briber broke through.
If Feng Xin's circumstances are minor, the amount is not large, or he has mitigated or exempted the punishment, then the result of Feng Xin's handling today may be not to approve the arrest.
Sharp-eyed people may have noticed that Feng Xin was taken compulsory measures by the public security organs more than a month ago (July 28th). It was announced today that it was "arrested" by the People's Procuratorate of Jing 'an District, Shanghai.
What are coercive measures?
Coercive measures refer to a legal coercive method that the public security organs, people's procuratorates or people's courts temporarily restrict or deprive criminal suspects and defendants of their personal freedom within a certain period of time in order to ensure the smooth progress of criminal proceedings. Generally, it includes: summons, bail pending trial, residential surveillance, detention and arrest.
Summon (sb.) for detention
A compulsory method by which public security organs, people's procuratorates and people's courts force criminal suspects and defendants who are not in custody to appear in court for interrogation.
obtaining a guarantor pending trial
The people's court, the people's procuratorate or the public security organ shall order some criminal suspects and defendants to put forward guarantors or pay a deposit to ensure that they are on call. Handled by the public security organs.
supervision of residence
Compulsory measures taken by people's courts, people's procuratorates and public security organs to restrict criminal suspects and defendants from leaving their residences or designated residences, monitor their actions and restrict their personal freedom within a prescribed time limit.
stay
Temporary compulsory measures taken by public security organs or people's procuratorates against flagrante delicto or major suspects in criminal case investigation.
arrest
Compulsory measures decided by people's procuratorates and people's courts and implemented by public security organs to deprive criminal suspects of their personal freedom within a certain period of time and send them to a certain place for custody.
If you search the information about Feng Xin on July 28th, you will find that most of the media, notices and announcements will be expressed as "compulsory measures taken by the public security organs", while my lawyer Wang Weihao will be written as "criminal detention".
From the above explanation, we can know that criminal detention is only a compulsory measure. Why does lawyer Wang think it is criminal detention so arbitrarily?
Because the public security organs cannot conclude that criminal detention measures must be taken when they find Feng Xin's criminal clues and preliminary evidence, it is likely that with the deepening of investigation, criminal detention will be changed to bail pending trial or residential surveillance, so the announcement says that compulsory measures will never be wrong and need not be changed. However, there was no news that Feng Xin was released on bail pending trial or under residential surveillance through the Internet. It can be boldly speculated that Feng Xin has been in criminal detention since July 28th. If the compulsory measures are changed, the share price of Stormwind Group will plummet after July 28, and if there is any new news, it will be released on bail pending trial, which means that Feng Xin's case is not serious and he can continue to maintain the normal operation of the company, which is good news for the company's share price. But since then, the share price has fallen by another 30%.
What do you mean by "authorized arrest"?
China's criminal procedure law only stipulates that the investigation organ has the right to take 37 days of criminal detention. After 30 days of criminal detention, the investigation organ (here, the public security organ) must apply to the procuratorate for approval of the arrest application, and the procuratorate will make a decision on whether to detain the suspect within seven days. If the procuratorate believes that the case is serious and the suspect may be sentenced to more than three years in prison, and it is necessary to arrest the suspect in order to prevent the suspect from escaping or conspiring, it will approve the arrest. This is a manifestation of the procuratorial organs' exercise of supervision over public security organs and other investigation organs. In other words, China's criminal case-handling organs cannot arbitrarily detain a person for more than 30 days, and after 37 days, they must be examined by the procuratorate before they can continue to detain the suspect. Moreover, if the procuratorate initially thought that the evidence was insufficient, it decided not to approve the arrest. If the investigation organ determines that the circumstances are serious after supplementing the evidence, it may also change it into criminal detention and bring the suspect back.
Focusing on the criminal defense of economic crimes, statistics show that most economic crimes can submit materials and opinions to the procuratorate within 37 days and apply to the procuratorate for a decision not to approve the arrest.
But all proofs, arguments, explanations and reasoning must be carried out within 30 days after criminal detention, which is the golden age to save innocent or misdemeanor parties. If the procuratorate decides to approve the arrest, the public security organ, the procuratorate and the court will not easily change the compulsory measures in the follow-up treatment. In other words, if the golden period of 30 days is missed, it is extremely unlikely that the subsequent application for bail pending trial or residential surveillance will be approved by the case-handling organ.
Because the entry threshold of procuratorates is higher than that of investigation organs, and recently the Supreme People's Procuratorate requires procuratorates at all levels to boldly exercise the right of appeal and other supervisory powers, most procuratorates will handle cases that meet the conditions of not approving arrest impartially according to laws and facts. Therefore, the role of defense lawyers in the investigation stage can not be ignored.
Feng Xin's alleged bribery amount may exceed 2 million.
By studying the announcement of the Jing 'an District Procuratorate, we can know that the Jing 'an District Procuratorate particularly emphasized Feng Xin's legal representative status. Feng Xin also has a crime of duty embezzlement, which can only be constituted by individuals and cannot constitute a unit crime. However, the crime of bribing non-state staff can constitute a unit crime. Therefore, emphasizing Feng Xin's position is likely to constitute the crime of unit bribery. However, based on online news, Storm Group claimed that when Feng Xin was detained by the public security organs a month ago, he did not receive the investigation requirements and documents about the crimes committed by Storm Group. (Take the screen here)
However, Feng Xin is the legal representative of Storm Group. If I am an actor, as Feng Xin's defense lawyer, defending Feng Xin as a unit crime can greatly reduce Feng Xin's punishment. For the actual controller and legal representative of a listed company, if it is not a huge amount, it can be sentenced to more than three years; Shanghai Jing 'an District Procuratorate will not easily arrest. Combined with the online rumor that Feng Xin was suspected of bribing and buying members of parliament, there was a financing rebate problem. The financing amount of this project is 5.2 billion yuan, and the rebate is definitely not low. Another Xiang Tong, who was arrested for online communication, was suspected of taking bribes amounting to more than 10 million yuan.
Based on the above reasons, combined with the speculation of the professional skills of defense lawyers and procuratorates, I boldly conclude that in the future, the amount of bribes determined by procuratorates should reach the seriousness of the crime of bribery of non-state company personnel by the unit-more than 2 million yuan (see the sentencing discussion above, only the amount of bribes paid by the unit constitutes a "huge amount" of this crime, and it is sentenced to three to ten years in prison).
The inside story and facts of Feng Xin's crime.
-Net biography Feng Xin is suspected of taking bribes and acquiring MP&,a British sports copyright company; About Silva Holdings Limited.
On August 2065438+2009 1 day, Phoenix.com forwarded the information from Cailian Association, saying: "Storm Group and Everbright Capital are acquiring British sports copyright company MP & amp； In Silva Holding S.A (hereinafter referred to as "MPS"), in addition to Feng Xin, the actual controller of Storm Group, Guo Junjie, the former managing director of Yiju Capital (also the former vice president of Juzhou Assets) who also participated in this project, has also been taken away by the public security organs for investigation, which may involve the behavior of collecting kickbacks during the financing of MPS project M&A. "
For example, the keywords extracted above are: Guo Junjie has kickbacks, and Feng Xin is suspected of bribing non-state staff. Guo Junjie was taken away for investigation in May, and Feng Xin was detained in July; Therefore, my guess that the Guo Junjie case involved Feng Xin's bribery is accurate.
Xiang Tong, the investment director of MPS M&A project of Everbright Capital and the head of international M&A business, has been arrested by the public security organs for allegedly taking bribes. Someone close to Everbright Securities once told me that this person would leave the company after the project went wrong, but the company disagreed. He left after the labor arbitration. But after leaving the company, I was investigated for this. Xiangtong received a kickback of more than 6,543,800 yuan in the MPS case. "
Feng Xin's acquisition of the MPS project was recommended by Feng Xin through an independent financial advisory team. After Feng Xin decided to acquire the project, he issued a letter of commitment to Everbright Capital in the name of Storm Group, promising to buy back the project within 18 months after the acquisition was completed, otherwise he would bear all the losses. With this letter of commitment, Everbright Capital also raised funds from major banks and funds; Guo Junjie and Xiangtong raise funds from the public by setting up a project fund, both of whom are project managers. However, after the completion of the project, they did not even go through the formalities of filing funds, nor did they publicly disclose their financial status to investors and conduct financial audits. It was not until investors entrusted lawyers to report, complain or even sue that arbitration finally set off a series of matters.
In short, Feng Xin borrowed money to buy foreign MP in the name of Storm Company, and Everbright Capital borrowed money from fund companies, which attracted many investors by setting up funds. After the completion of the project, Feng Xin failed to fulfill the repurchase obligation as agreed in the contract, and the investor had no income and did not understand the project, so he sued the fund company and its related responsible persons. Subsequently, Everbright Capital urged the fund company to sue Storm Company. During the investigation and litigation of the CSRC, many criminal acts were exposed, and then the briber was arrested and Storm Company was closed down. The briber Feng Xin was arrested.