Bond blasting 7 years of prosecution dust!The Asia-Pacific accountant is sentenced to 10 million, and many institutions "step on the thunder"2022-01-23 00:03:34 44 ℃
Nine years ago, Suqian City Fengfei Co. The financial tax return declaration is successful in debt.
The post-bond default, the Asia-Pacific accountant was bonded by the bond subscription party Oriental Securities (600958.SH). After nearly 7 years of taking the war, the court made a final judgment: the Asia-Pacific Certified Office compensated $ 15.71 million to oriental securities, interest and liquidated damages.
Who is planning this fraud? How many people are involved?
Tasting in nine years ago
Recently, in the Chinese referee document network, the Beijing High Court has been ruling, and the case-issued case-related audit report issued by the Asia-Pacific accountant firm, constitutes a joint infringement, and the loss of investors should bear the joint responsibility. Correspondingly, the accounting firm is sentenced to pay more than 1.57 million yuan for investors.
The above incident also has to come up from 2012.
In the second half of 2012, Zhou Likang, the actual controller of the rich skin industry, giving the company to the foreign issuance of private bond finance. In order to achieve bond issuance goals, the Fuki Industry Company entrusted CITIC Securities Company as a underwriter and trusted manager, the defendant Wang Le, who was restricted by the Asia Pacific (Group) Certified Public Accountant Co., Ltd., is responsible for the on-site audit work. Lin Yongmin, General Manager of Fu Film, Ye Yunlong, is responsible for providing financial information required to pay debt to Wang Leanggang.
During the on-site audit process, Wang Leang believes that the actual financial situation of the company is not in line with the requirements of 150 million yuan, invited to communicate with the rich industry company Lin Yongmin and others, and learned that after the introduction of the company's company, it is proposed Less-than-account income is adjusted to the financial statements, increasing the company's operating income and net profit data. Later, Lin Yongmin handed over the account of the accounts, and the payment vouc was handed over to Ye Yunlong, and the Yushan Dragon and Wang Leang's need to tamper with financial accounts, prepare financial credentials such as false tax payment forms.
Wang Legang's restriction of the above-mentioned false financial data production content, will enriched the company's 2010, 2011, 2011, the business income of more than 580 million yuan in 197 million yuan to 125.7 billion yuan, net profit from 0.16 100 million yuan increased by more than 103 million yuan to 120 million yuan.
In order to make the on-site audit discipline through the internal control quality review of the Asia-Pacific Accounting Center, Wang Le has asked the company to provide financial vouchers such as payment voucher and VAT special invoice with false financial data, and introduce the production of false vouchers to the leaves. Graphic Designer.
According to Lin Yongmin's request, Ye Yonglong's request, the planar designer introduced by Wang Leang, counterfeited electronic payment payment vouchers and VAT special invoices corresponding to false financial data, and submitted to Lin Yongmin, and added The official seal will be submitted to the Asia-Pacific Accounting Institute in Beijing.
The Asia-Pacific Accounting Institute Beijing Branch according to Wang Legang provides the content of the "Asia Pacific Review (2012) No. 372" audit report on the content of the above-mentioned false financial voucher.
Unfortunately "stepping on the thunder"
In November 2012, under the fake data, it is shown in CITIC Securities of bond underwriters. In its "2012 Boq City, the company's private placement bond road presenting materials", it is also a must Debt relinking.
In 2013, Fengfu Company has signed a private equity subscription agreement with oriental securities company. The issuance of Fuki Industry Co., Ltd. is 150 million yuan, the period is 36 months, and the voter interest rate is 9.5% and the 24th month end of the issuer. Interest rate options and private equity bonds, CITIC securities, and underwriters.
On February 5, 2013, the Oriental Red-Xinrui No. 4, which is administered by Oriental Securities and Distribution Management Company subscribes to the case-related bonds of 15 million yuan.
On February 3, 2015, it enriched the leather industry released an announcement, and unable to pay the rebelled funds and interest involved in the case.
On February 6, 2015, CITIC Securities Company issued the "Notice of Suqian City Fengfu Lee Industry Co., Ltd." Not allowed to pay for "12" 12-to-payment branch "," said that as of On February 5, 2015, the company has a total of 157,25,000 yuan to pay for the non-pay bond capital and interest.
On November 29, 2017, Jiangsu Province Suqian Suyu District People's Court made (2017) Su 1311 Break up the No. 7 "Civil Rules", and ruled that CITIC Securities Company's bankruptcy discipline application for the company's company.
In February 2019, the first intermediate people's court of Shanghai issued a criminal judgment, and the criminal decision of fraudulent issuance of fraud, and sentenced to a penalty of RMB 4.5.5 million; Lin Yongmin, general manager and financial director Lin Yongmin, fraud, sentence, sentence In prison for three years; Ye Yunlong, the financial manager, the financial manager, Ye Yunlong, is sentenced to 2 years in prison, probation for 2 years. Former Beijing Asia Pacific Certified Public Accountants Partner Wang Leang's crime of fraudulent issuance bonds, sentenced to 1 year in prison for 1 year, and penalized 200,000 yuan.
Justness is extended, but as "bitter" oriental securities, it is certainly not thought that the road to debt is so hard. In January, the Asia-Pacific Beijing Branch was canceled in January, the Asia-Pacific Beijing Branch was canceled in the same year.
In 2015 and 2020, the Oriental Securities Tube as "Stepping" investors only obtained 2.326 million yuan in the bankruptcy case of the leather industry, and all in other legal channels were not actually obtained. Compend.
In order to recover economic losses, the Oriental Securities Directory takes a paper complaint to the court of the Asia-Pacific Certified Public Accountant. After the hearing of Beijing Second Intermediate People's Court, the Asia-Pacific Certified Public Accountants compensated more than 15.71 million yuan to oriental securities, as well as interest and liquidated damages.
Screenshot Source: China Referee Document Network
So what is the Asia-Pacific accountant?
In the "Supreme People's Court on the Supreme People's Court on the" Supreme People's Court on the Personal Responsibility of Civil Liabilities, "The Civil Liability to the Administrative Office should be bored" The unit should be budgetted within the remaining property and risk funds of the original affairs of the original,, but if the opening unit will leave the remaining property and risk funds of the original office to the new business post-transformation, it should be The debt of the former officers is taken on civil responsibility within the received asset range. "
In a trial court, the Asia-Pacific Accounting Office recognized its audit qualifications and the Asia-Pacific Group's accounting, but did not undertake property when they advocated the qualifications. However, the Asia-Pacific Accounting has never submitted sufficient evidence in its undertaking property. In this regard, the court held that the Asia-Pacific accountant should assume all the responsibility for the civil liability of the Asia-Pacific Group Accounting.
In the second trial, the Asia-Pacific accountant argued that the partners at the time of the establishment include 32 princes, including Wang Legang. Can't be a suitable defendant. The second instance court stipulated in Article 14 of the Company Law, the branch did not have legal person qualifications, and its civil liability was borne by the company; and the "Supreme People's Court on the accounting firm, the audit office, the audit office, the civil liability" The notice stipulates that the Asia-Pacific accountant's appropriate defendant is identified, and finally maintains a judgment. The second trial is a final judgment.
On August 17, 2021, the national first company's bond fraud issuance case "Wuyang Bond" case is held in the Zhejiang Senior People's Court. There were less than 20 million yuan to receive a total of more than 20 million yuan, but it would compensate 740 million yuan. This is enough to confirm the power of the new "Securities Law". In this case, the issuer has been ruined by bankruptcy, and the accounting firm who has direct the audit report with major mistakes should be responsible for the corresponding compensation. For intermediaries such as the law and accounting, they will become a normal in the future.
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