Repeatedly arrested and repeatedly committed, many people were sentenced.
Recently, the Audit Commission mentioned in the investigation of the clues of transferring violations of discipline and law that Chen Gang, the former head of Ping An Trust's Jiangsu regional business department, was suspected of demanding huge sums of money in the name of financial consulting fees when granting loans to related enterprises from 20 12 to 20 16. The Audit Commission transferred this clue to the Jiangsu Provincial Public Security Bureau for investigation in 2020 1 month.
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 employees, and his property was confiscated of15 million yuan, and his illegal income was recovered of 532 million yuan.
According to the investigation announcements of the National Audit Office over the years, corruption in Chen Gang is not a case in the trust industry.
For example, Song Chong, the former deputy general manager of Shandong International Trust, was suspected of taking advantage of his position in 20 12 to 20 17 to seek illegitimate interests for others in trust financing and accept money in 20 18.
The judgment documents of Chen Gang and Song Chong have not been made public on the Internet. The first-instance judgment of Song Chong case published by Shandong Higher People's Court in 20 18 shows that its illegal income and fruits reached102 million yuan. Among them, taking advantage of the position of general manager, assistant general manager and deputy general manager of South China Regional Headquarters of Shandong International Trust, he sought benefits for others in trust financing and illegally accepted the property of others of 7352.0 1 ten thousand yuan; During the period from 20 13 1 month to June 20 15, when he was concurrently the general manager of Shenzhen yongguan company, he illegally took possession of 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 financing field, especially in the period of rapid expansion of trusts in previous years, but such a large amount as Chen Gang's case is rare.
Up to now, there have been many public cases in which trust personnel "take kickbacks" in financing or pay benefits to intermediaries, including Miao Hui, former assistant president of Zhongrong International Trust, Wu Zhijie, general manager of Hunan Trust's former business department 3, Wei Li, general manager of Beijing Business Headquarters, and Chen Yinjie, senior product design manager of SDIC Trust. In addition to trust companies, as the main way of corporate financing, banks often have employees involved, including Liu Jingpeng, the former account manager of Baoshang Bank Beijing Branch, Niu Min, 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 in the case were sentenced for embezzlement, bribery, bribery, illegal loan issuance and other crimes. The amount involved ranged from tens of thousands of yuan to tens of millions of yuan, and many people were sentenced to more than 10 years.
How to put the "financial consultant 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 person in charge of the project actively or passively accepted the "benefit fee" from the financing enterprises or intermediaries, which was euphemistically called "financial consultant fee", and the rate was mostly 0.2%-2% per transaction per year. In order to hide people's eyes and ears, most of the money will first enter third-party companies, and many trust practitioners will set up shell companies specifically for this purpose.
Taking the case of Wei Li and Wu Zhijie of Hunan Trust as an example, Wei Li registered and established Chengfengda Investment Consulting Co., Ltd. (hereinafter referred to as "Chengfengda") in Beijing just after he took office as the manager of Beijing business headquarters in 20 12, 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 an intermediary, Yang arranged business for Wei Li and shared the profits.
Among them, in the first half of 20 12, Lengshuijiang Urban and Rural Investment Company had a fund-raising fund for employees to repay. However, due to the high interest rate of the bank and the difficulty in financing, Yang Jialiang was introduced by an acquaintance. In the process of matching Lengshuijiang Urban and Rural Investment Company with the trust loan from Hunan, Yang asked the financier for the "consulting fee" after being instructed by Wei Li, 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 Chengfengda received a consulting fee of 2.2 million yuan. After deducting taxes and management fees, a middleman received 250,000 yuan, and Yang Jialiang received the transfer and withdrawal of * * * yuan1889,980 yuan, of which 570,000 yuan was transferred to Wei Li account and 50,000 yuan was transferred to Li, the mother of Wei Li girlfriend Zhuang Yating, and 300,000 yuan was transferred.
Through a similar model, under the cooperation of Yang Jialiang, Wei Li successively facilitated loans of/kloc-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 4 17.9 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 charges the financier an annual financial consulting fee of 1.8%, which is significantly higher than the usual rate of 0.4%. The financial consulting fee corresponding to this 1.99 billion yuan (three-year) receivable purchase amount is as high as1074. In the financial consultancy contract, the aforementioned 1.8% consultancy fee is divided into financial consultancy fee 1.2%/ year and project sales fee of 0.6%/ year, which needs 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 SDIC Trust Co., Ltd. in 20 12 years, Chen Yinjie "ate at both ends" in the process of promoting and implementing a single fund trust project of 1 100 million yuan, not only demanding1100 million yuan from the project user, but also accepting 200,000 yuan from the fund client, and was finally sentenced to 6 years' imprisonment and fined for accepting bribes.
A similar story happened in Zhongrong International Trust under Zhongzhi, but Miao Hui is better at using "Yin-Yang Contract" than Wei Li's blatant "taking kickbacks".
20 12 -20 13, Miao Hui served as the assistant president of the inter-bank cooperation department of Zhongrong International Trust 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 rate of 40%/ year) which was mortgaged by Zhongtai Chuangzhan, the borrower was Jufu Real Estate and the lender was Beijing Xuhui Zhaoyang Company. However, in the process of financing the other two companies through Zhongrong International Trust, Miao Hui also misled the financiers that Vantone Dake belongs to the China Botanical Garden in two financing cases with financing rates of 13.5%/ year and 27%/ year respectively, and signed two contracts for each loan to pocket 1%/ year and 2%/ year income respectively. Based on comprehensive calculation, Miao Hui's three businesses made a total illegal profit 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 process of trust marketing. In 20 16, when Hunan Trust Business Department III recommended 10 billion yuan of trust products to Yongzhou Rural Commercial Bank, 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's income after purchasing the trust products was good, and other banks followed up, which led to the shortage of trust products. Charging fees could ensure that the other party would have priority in purchasing and get the highest annual income.
Not only trusts, but also banks, as the main financing channels for enterprises, are no exception. According to a judgment published by Judgment Document Network in March, 201019, Niu Min, manager of the financial department of Beijing Branch of Baoshang Bank, and Liu Jingpeng, manager of the customer department, charged 532,000 yuan from the financier for consulting the channel loan business of Xinsheng civil coal storage and sale yard in Hequ County during 201013. This not only exposes the internal corruption of the contractor bank, but also further aggravates the risk of internal management loopholes. In 20 15, when Liu Jingpeng handled a loan of 200 million yuan from the same financing party, he did not carefully examine the credit rating of the enterprise that used the loan and the false information submitted, did not conduct on-the-spot due diligence, and did not verify the identity and authority of Li (handled separately) during the face-to-face signing of the contract, so he reported the loan to the relevant departments of the bank for approval and issued the loan, which eventually led to only partial interest recovery.
It is worth noting that this kind of corruption also involves supervisors. 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"), in a single-fund trust project of Guoyuan Trust, which was financed by Chuzhou Tongchuang Construction Investment Company, Hu Yuan "greeted" the investor in the loan review meeting of the investment project. After the project meeting, Hu's wife, as one of the intermediaries, got1000000 yuan "financial advisory fee".
The aforementioned insiders pointed out that this kind of phenomenon mostly occurred 20 18 years ago. With the continuous deepening of financial anti-corruption and the rectification of non-standard businesses such as new regulations on asset management, this kind of corruption will eventually have nowhere to hide.