Miserable thunder!Millions of pensions buy "financial management" and have no return, wealth management manager: money can't return!The court was sentenced to this

China Fund reporter Yan Ying

There are also bank wealth management managers "flying orders", how should investors ask for compensation?

A few days ago, the Beijing Magistrate Document Network announced a lawsuit document between multiple investors and the Beijing Changan Sub -branch of Industrial Bank. Investors spent a million subscription of a number of "financial management" recommended by the branch's financial management manager, but the relevant "financial management" investment has not been recovered, and the wealth management manager said that "the money cannot be returned."

It is understood that investors have encountered the "flying order" of wealth management managers, that is, privately selling non -bank agency products to customers. Investors believe that the Beijing Changan Sub -branch of Industrial Bank should bear responsibility and filed a lawsuit with the court. However, in the first and second trial judgments, the court did not support investors' demands. Why?

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Look at the details--

Retired elderly people buy "financial management" for millions

First of all, look at the parties in the lawsuit. Ms. Chen was born in 1961 and is the customer of the Chang'an Sub -branch of the Industrial Bank. Ms. Chen claimed that she was introduced by the bank's customer manager Ma when she handled the deposit business, and since 2012, Ma Mou was responsible for her investment in the specific business of investing in financial management.

Ms. Chen said that since November 2012, Ma Mou, under the name of his bank client manager, and customer manager, under the premise that she did not know and did not have any bank financial management knowledge, it was recommended Including a series of "wealth management products" including "CICC Jiuying-Automobile Supply Chain No. 1", "CICC Jiuying-Automobile Supply Chain No. 3", "Chongming Rural Tourism Complex Private Investment Fund".

From November 2012 to September 2018, Ms. Chen successively purchased a total of 20 "wealth management products" promoted by Ma Mou with her own pension. And in the above purchase link, Ma Mou assisted Ms. Chen to go through all the purchase procedures of the relevant "wealth management products", and instructed Ms. Chen to sign the wealth management product to subscribe for the "Strive Book" to help her complete the relevant "wealth management products" by bank transfer and other methods to complete the relevant "wealth management products" Purchase process. However, after the purchase of Ms. Chen, she has not received relevant financial income as scheduled.

In July 2019, after repeated inquiries, Ma acknowledged that the series of "wealth management products" that he had previously promoted was not a legal wealth management product self -employed or sold for the Bank of China Chang'an Sub -branch Bank, but a "flying single" product sold by a person. And the relevant "wealth management products" could not recover the cost of funds, which caused Ms. Chen to subscribe for a total of 1.05 million yuan to unable to recover, causing serious losses.

At the same time, Ms. Chen had repeatedly asked the Industrial Bank Chang'an Sub -branch to compensate her with economic losses, but the Chang'an Sub -branch of the Industrial Bank refused to pay. Ms. Chen believes that the Chang'an Sub -branch of the Industrial Bank did not fulfill her legal business obligations. Because of her fault, she suffered a economic loss of up to 1.05 million yuan.

Bank wealth management manager has been suspended

During the court, Ms. Chen submitted multiple commissioned letters signed by many people, entrusted Malaysia to subscribe to "CIC Jiuying-Automobile Supply Chain No. 1", "CIC Jiuying-Automobile Supply Chain No. 3 "," Chongming Rural Tourism Complex Private Investment Fund "and other series of wealth management products.

The reporter query the products subscribed by investors, and related private equity funds or "financial management" have no registered filing information. In addition, the reporter inquired about a referee document, and the original defendant had signed the "CIC Jiuying-Automobile Supply Chain X." factoring debt transfer contract. Essence

From 2012 to 2018, Ms. Chen remitted a number of people in Ma to buy the above wealth management products to the other account, with a total of 1.55 million yuan. Ms. Chen confessed that she received a dividend of 500,000 yuan, and her remaining principal and dividend have not been received. On August 20, 2020, Ma was suspended.

Investors have also reported multiple reports on the issue of "flying orders". In February 2021, the Beijing Banking Regulatory Bureau issued the "Investigation Opinions of Bank Insurance Violation Report" to respond to the relevant situation.

After investigation, the report was reported to investors to introduce, sign the commission agreement, and purchase products for non -Xingye Bank products on behalf of them. After verification, Ma had the following violations: First, as a bank employee, he promoted non -bank products to investors, and violated the relevant regulations such as "not selling or promoting unprepared products". The second is that as a bank employee, there are non -normal capital exchanges with customers, which violates relevant regulations such as "strictly prohibiting employees and customers' normal capital exchanges".

The Beijing Branch of the Industrial Bank that investors reflected in the industry is not in place to train employees, lacks management of employees who have faults, and fail to supervise and correct Ma's illegal sales of non -Xingye bank wealth management products. After verification, during the period when Ma signed an entrusted agreement and purchased the product involved on behalf of the customer, the Beijing Branch of the Industrial Bank did not discover and correct Ma's existence in time There are insufficient management of education and education and employee abnormal behavior.

In response to the above -mentioned issues, the Beijing Banking Insurance Regulatory Bureau stated that it would order the Beijing Branch to make corrections within a time limit, and urge the Beijing Branch to further strengthen employee management.

Court: The evidence is not enough to prove the loss

Regarding Ms. Chen's demands, the Chang'an Sub -branch of Industrial Bank said that it was not a qualified subject, there was no infringement fact, and there was no factual and legal relationship with the losses suffered by Ms. Chen. After inquiring by the court of first instance, Ms. Chen said that at the beginning, she purchased regular wealth management products at the Chang'an Sub -branch of Industrial Bank. Later, Ma Mou built a WeChat group and began to meet in private. And directly enter the Majan account.

Later, Ms. Chen learned about the follow -up situation of wealth management products from Ma, and Ma said that money could not return. The police did not call, and the people in the WeChat group sued Ma, but were rejected by the court.

In this regard, the court of first instance believes that the parties have the responsibility to provide evidence for their claims on themselves. In this case, Ms. Chen only informed the money involved in the financial products involved in verbally, and did not return the criminal or civil lawsuit procedures. The evidence submitted was not enough to prove her actual losses. Therefore Support.

In the second instance, Ms. Chen believed that she had submitted the original evidence of the application of wealth management products, such as the transfer of transfers, and other relevant evidence. There was no case that was not enough to prove the loss. However, the court of second instance did not support Ms. Chen's claim.

It is worth noting that Ms. Chen's situation is not alone. Recently, the Beijing Journal Web.com announced a similar litigation document between investors and Industrial Bank Beijing Changan Sub -branch, which involved more than one million.

Edit: Joey

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