Do a good job in case rectification and promote source governance
Plug loopholes to prevent false transfer of equity for profit
"In the past, I always thought about how to put public things into my pockets, but sooner or later I had to spit it out, and I was busy." Recently, a warning education video released on the website of the Liaoning Provincial Commission for Discipline Inspection and Supervision revealed that the former deputy county-level cadre of Tai'an County, Anshan City Zhang Guohui used his power for personal gain and wanton wealth through a series of disciplinary and illegal means such as false transfer of equity, resale of state-owned land to the government, and illegally obtained compensation for demolition and relocation.
According to reports, Zhang Guohui has been working in the urban construction department for a long time, making friends with business owners, and making profits in real estate development and other projects.
Among them, he managed to transfer the state-owned equity of the company's subordinate enterprise to someone else's name through a false transfer of equity.
How can the disciplinary inspection and supervision organs accurately discover the deep-seated problems behind the cases through case investigation, so as to promote regional key governance, so as to investigate and deal with one case, warn one, and govern one area?
The reporter conducted an interview.
The false transfer of equity "white wolf with empty gloves", while squandering the company's property, while taking advantage of the opportunity of demolition and relocation, deliberately sells state-owned assets
Tai'an County Land and Housing Development Co., Ltd. is a subordinate development enterprise of the Real Estate Department of the County Urban Construction Bureau.
Since September 2003, Zhang Guohui, the then director of the real estate department, has been serving as the company's legal representative until November 2006, when he was promoted to the deputy director of the County Urban Construction Bureau, and he resigned from the post in accordance with relevant regulations.
In Zhang Guohui's view, changing the legal representative is just an external form, "it doesn't matter", he cares more about the value that the assets under the company's name can bring.
In order to continue to control the state-owned company, he chose the method of false equity transfer, and after several rounds, the state-owned equity held by the county real estate office was transferred to his personal name.
"His technique is not very clever, it can even be said to be simple and rude." According to the case handlers of the Anshan Municipal Commission for Discipline Inspection and Supervision, Zhang Guouo first carefully selected a "puppet" Xiao Moumou among the company's employees to act as the legal representative to take over. The reason It is "good control, easy to control".
At the same time, two employees who arranged for the company to be in charge of finance and daily affairs issued false company registration application forms, minutes of shareholders' meeting, capital verification certificates and other materials.
On the surface, Xiao Moumou contributed 8 million yuan, and a company in Tai'an County invested 10,000 yuan, and jointly obtained the company's equity. In fact, Xiao Moumou did not contribute, and the company's assets were transferred to Xiao Moumou at no cost. Under his name, he became Zhang Guoli's "thing in the bag".
This obviously goes against the normal restructuring process.
According to common sense, state-owned assets are restructured for the society, and the undertaker should pay capital contributions to the state and go through the corresponding restructuring procedures.
The case handler introduced: "With this series of false materials, it seems that the company's equity change has completed compliance procedures, obtained the consent of the company's shareholders, and paid the corresponding consideration, but in fact, all of these are fake. "
The restructured housing development company has become an "independent kingdom" at the mercy of Zhang Guo.
While squandering the company's property, he took advantage of the opportunity of demolition and relocation to deliberately sell state-owned assets.
Under the name of the housing development company, there is a piece of state-owned land for the renovation of old districts, with an area of about 8,341 square meters.
In 2009, Zhang Guohui took advantage of his position to replace the land with the resettlement land without authorization, and then privately sold it to the developer Ma Moumou in the name of the company for the construction of the resettlement house, and without the land use certificate, Instructed the staff of the county urban construction bureau to go through relevant procedures for the resettlement building in violation of regulations.
There is also an "interlude": Ma Moumou, because he was unable to pay for the land purchase, heeded Zhang Guohui's suggestion and proposed to the government to provide monetary compensation for the land.
After some operations by Zhang Guogui, the county finance directly transferred nearly 7 million yuan of land compensation to the account controlled by Zhang Guowei.
Regarding this kind of embezzlement, which is almost "empty gloves and white wolves", Zhang Guouo "reviewed" afterwards: "This land is actually owned by the government and should be returned to the government to sell. As a result, I sold the land in violation of the law. Is it equivalent to the government taking money to buy back its own land?"
However, Zhang Guohui was not satisfied with this.
In November 2009, he invested 250,000 yuan to purchase an 86-square-meter retail house in the relocation area of the housing development company in the name of his relatives, ignoring that the government had frozen real estate transactions in the area.
He also took advantage of the convenience of his position, and after several operations, he obtained 403.2 square meters of relocation and resettlement storeroom in violation of regulations, and made a profit of 5.69 million yuan by means of changing the purchase time, expanding the area of the property, fictitious business behavior, and exceeding the standard compensation.
Commodity houses, garages, project advances, company funds... All kinds of assets of the housing development company have become the objects of Zhang Guohui's embezzlement.
As of the incident in July 2019, Zhang Guohui took advantage of his position to embezzle and embezzle 22,650,772 yuan of public property by illegal means, and was suspected of embezzlement and yielded a total of 22,986,334 yuan.
Acceptance of false transfer of equity has the characteristics of concealment, long-term and destructive, but in essence it is a transaction of power and money, using power for personal gain
"Intermediaries or spokespersons are an indispensable part of the success of the false equity transfer." Feng Hao, director of the case management office of the Huai'an District Commission for Discipline Inspection and Supervision, Huai'an City, Jiangsu Province, analyzed that a small number of party members and leading cadres undertake false claims from subordinate companies through intermediaries or spokespersons. The motive of the transfer of equity and profit through subsequent operation or listing is to "use the right to know the important information of the equity transfer of the subordinate enterprises, realize the personal possession of the value-added part of the equity, and complete the transfer of interests from the enterprise to the individual".
In Feng Hao's view, in practice, the main integrity risk points of this behavior lie in whether the restructuring design is rigorous and scientific, whether the disclosure of equity transfer information is timely, open and transparent, and whether the equity transfer procedures are legal and compliant.
In recent years, the Commission for Discipline Inspection and Supervision of Dongtai City, Jiangsu Province has found in the investigation and handling of "shadow shareholders" cases that after violating discipline and law, after taking advantage of their power or influence to benefit the trustee, they often make elaborate arrangements in order to evade supervision and punishment, and use false transfer of equity. Obtain or dispose of the shares that it has obtained illegally, so as to cover up the illegal purpose in a legal form.
Gu Jianfeng, deputy director of the Case Trial Office of the Dongtai Commission for Discipline Inspection and Supervision, told reporters that as far as the subject of false equity transfer is concerned, a person who violates discipline and law can be the transferor. The third party will continue to hold it on behalf of the owner, and the profit will still belong to the owner. It can also be used as the transferee to secretly invest in shares.
There are several common situations for accepting false transfer of equity: first, accepting dry shares, receiving shares of other companies in the name of relatives, friends, third parties, etc. without actual capital contribution, and enjoying normal dividends; The transfer of high-value equity is held by a third party; the third is to make a real profit by falsely investing in shares, and to transfer low-value equity or equity without real value in the name of others, in fact, for the purpose of obtaining high illegal dividends; Fourth, it is based on power for personal gain and will The equity of the restructured enterprise under my supervisor is transferred to the name of relatives, friends or a third party by means of false transfer of equity.
The above-mentioned behaviors have the characteristics of concealment, long-term and destructive nature, and they are essentially transactions of power and money, using power for personal gain.
"The act of false equity transfer is concealed, making the perpetrators often think that they are seamless, and it is easy to abuse public power. Once the power intervenes in the company's behavior in an improper form and destroys the fair and just market competition environment, it will inevitably damage the confidence of market players. This kind of Cases generally involve a large amount of money, which can easily lead to other major cases and serious damage to the regional political ecology." Gu Jianfeng said.
It is necessary to keep an eye on key areas, make good use of big data and other technological means, keep an eye on the abnormal situation of equity transfer, and seriously investigate and deal with it
In June 2019, during the special rectification of corruption in the civil air defense system of Liaoning Province, the Anshan Municipal Commission for Discipline Inspection and Supervision found clues about Zhang Guohui's alleged violation of discipline and law, and immediately set up a special team to investigate.
On July 2 of the same year, the Anshan Municipal Commission for Discipline Inspection and Supervision imposed a lien on Zhang Guohui.
After investigation, from 2003 to 2019, Zhang Guouo took advantage of his positions as the director of the Tai'an County Real Estate Department, the assistant to the director of the County Urban Construction Bureau, the deputy director of the Urban Construction Bureau, the director of the Urban Construction Bureau, and a deputy county-level cadre, to promote others in their positions and enterprises. Seeking profits from business operations, demolition and relocation, embezzlement and embezzlement of public property, and illegally engaging in profit-making activities.
False equity transfers mostly occur in key investment sectors and resource-rich fields, such as land transfer, land acquisition and demolition, resource transactions, project bidding, government procurement and other key economic fields.
In addition, there are also related problems in the field of property rights transactions, such as the equity restructuring of state-owned enterprises and the reform of equity diversification.
Talking about the difficulty of investigating and punishing false equity transfer, some local disciplinary inspection and supervision officials said: during the regular inspection, the equity trading company has a smooth book, and the people involved are tight-lipped, and it is difficult to find relevant clues. Most of them can only be actively explained in other cases, or the interests of shareholders are divided The outbreak can "follow the vines".
In some cases, the bankers and bribe recipients frequently exchange funds, and it is not objectively easy to sort out the power and money transactions behind the false transfer of equity.
"This is a new type of corruption method, and it is also a more hidden corruption method." Zhuang Deshui, deputy director of the Research Center for Integrity Construction at Peking University, analyzed that as the anti-corruption continued to deepen, individual leading cadres adopted more hidden methods to implement corruption, such as Do not accept cash to collect shares, arrange for agents to hold shares, make false capital contributions to embezzle state-owned assets, etc.
"They usually have a private verbal agreement, they don't have to pay, but they get a share, and then they pay dividends or share the results, leaving no trace."
In view of the many complex characteristics of leading cadres’ false transfer of equity for profit, some disciplinary inspection and supervision cadres suggested strengthening the response from the following aspects: First, strengthen the supervision and inspection of key areas and departments, conduct regular audits, check for omissions and fill vacancies, and promote the responsible departments to perform their duties due diligence. job.
Second, we must make full use of big data and other technological means, focus on the abnormal situation of equity transfer, and carry out "accurate portraits" of the case.
Third, we must firmly grasp the nature of power and money transactions and the use of power for personal gain, keep an eye on the abnormal decision-making behavior of public officials, and conduct detailed related investigations on the people involved and the company.
Fourth, companies that convey equity interests should be included in the "blacklist", qualification and credit punishment should be implemented, a joint punishment mechanism should be formed, and a strong joint supervision force should be formed.
Zhuang Deshui believes that it is necessary to improve the decision-making mechanism for the equity transfer of state-owned enterprises or state-owned assets, including top-level design, public auction, state-owned resource allocation and other mechanisms, to prevent the occurrence of new types of corruption; to implement the equity transfer filing and review mechanism, involving the transfer of state-owned equity, should focus on Check the authenticity and necessity of the transfer and the possible interest network behind the transfer, and assess whether there is a risk of integrity; there must be a corresponding disclosure mechanism, and both parties involved in the equity transfer and the stakeholders involved should be notified to the public. Social disclosure of relevant information.
"In short, we must prevent state-owned assets from becoming personal assets through seemingly reasonable and legal means." Zhuang Deshui said.
Carry out warning education, find system loopholes, deploy full-chain supervision, and do a good job in the "second half article" of the review and investigation
In December 2019, the Anshan Municipal Commission for Discipline Inspection and Supervision gave Zhang Guouo the punishment of expulsion from the party and public office, and confiscated his disciplinary and illegal income.
In December 2020, Zhang Guouo was sentenced to 15 years in prison for corruption, bribery, and bribery.
Up to now, the property involved in the case has been recovered in full.
"Is our political ecology clear and clear? Is the leadership's education to subordinates in place? Is organizational supervision strong? Is the implementation of the system implemented?" In the warning film "Silverfish" based on the Zhang Guo case, a series of questions were raised.
"If you don't answer these questions well, there will be a second and third silverfish that eats away national interests like Zhang Guouo," the investigator said.
"I came forward and advised these party members and cadres who violated discipline and law to 'stop' and 'raise your hand'. 'Stop' means to stop all violations of discipline and law, and 'raise your hand' means to raise your hand and bring stolen money to the organization Take the initiative to surrender." Zhang Guouo said that this is the best choice.
"I didn't expect to see the former leader again in this way, which shocked and educated me!" The cases of violations of discipline and law that happened around me can touch, educate, and influence people even more.
Tai'an County organized a county-wide cadre warning education conference. Through the use of cases as warnings, cases as lessons, and cases to promote reforms, it educates and guides leading cadres at all levels to manage themselves and lead the team well, and effectively build a ideological line of defense against corruption and change.
More than 3,000 party members and cadres from 114 units in the county have carried out chat-style discipline education activities layer by layer around the case, and will never let the "field of responsibility" become "abandoned land."
In response to the problems exposed by the case, such as imperfect system, irregular approval process, unclear ownership, unclear responsibilities, and chaotic fund management, the county analyzed and found system loopholes, sorted out the risk points of clean government, put forward rectification suggestions, and issued supervision suggestions. 13, put forward 39 rectification opinions, established 42 items of regulations, supervised rectification, plugged loopholes, and ensured that all rectifications were put in place.
Tai'an County revised the "Tai'an County People's Government Work Rules" to clarify government decision-making, administration according to law, open government affairs, supervision system, official document approval and other work, emphasizing that major matters should be reported to the county party committee in a timely manner, and systematically avoid "lack of strict implementation". The policy stipulates that it is up to individuals to decide on the government's housing and funding arrangements for shantytown reform," allowing power to operate under the sun.
Based on the actual situation, formulate the "Implementation Opinions on the Comprehensive Implementation of Budget Performance Management in Tai'an County", lock the operation of funds into the "system cage", and form a closed-loop system including pre-performance evaluation, performance target management, performance operation monitoring, performance evaluation, etc. Chain supervision avoids the recurrence of "there are loopholes in the arrangement and use of financial funds, the relevant departments are not strictly auditing and checking, and even falsification, false reports and concealment, and the transmission of interests" occurs again.
"Tai'an County took this warning education activity as an opportunity to deepen the use of cases as a mirror, to promote education, and to promote reforms, and to do a good job in reviewing and investigating the 'second half of the article', and strive to investigate and deal with a case, educate a group of cadres, Improve a set of systems, rectify one type of problem, and standardize one area." said the main person in charge of the Tai'an County Commission for Discipline Inspection and Supervision.
Our reporter Guan Xiaopu