The financial management of public institutions is not returned!Bank agency products, illegal private equity actual controller has been sentenced to life!Court: ICBC is responsible for 30%

Many years ago, because of the "guarantee and insurance" of the wealth management product represented by bank staff, a public institution in Hunan used idle funds to invest, but the result was "upper" suffering heavy losses.

A few days ago, a civil judgment disclosed by the referee documents showed that the Hunan Provincial Institute of Environmental Protection Science (hereinafter referred to as the "Environmental Protection Research Institute") and the Changsha Dongtang Sub -branch of the ICBC (hereinafter referred to as the "ICBC Dongtang Sub -branch") The verdicts of the commissioned financial contract disputes have appealed, and the court made a judgment: the staff of the ICBC Dongtang Sub -branch did not fulfill the appropriate obligations when promoting wealth management products, and should be 30%of the responsibility.

A reporter from securities firms found that when the Hunan Environmental Protection Research Institute had previously purchased financial management through banks, it signed a related subscription contract with a family named Hunan Boyi Asset Management Co., Ltd., and the company's actual controller had been guilty of fundraising fraud in April 2019 due to fund -raising fraud. And the crime of illegal absorption of public deposits was sentenced to life imprisonment. Other judgments related to this case show that many individual investors have also purchased the above -mentioned products by local ICBC, Bank of China, and Agricultural Bank of China, which leads to property losses and caused legal disputes.

Investment in public institutions encounters "blood without returning"

A judgment disclosed by the Changsha Intermediate People's Court recently showed that in September 2013, Ma, then the dean of the Hunan Environmental Protection Institute, hosted a meeting to discuss the idle funds of the Institute of Environmental Protection to purchase wealth management products.

Under the introduction of the chairman of the trade union and the Minister of Finance, the Environmental Protection Research Institute decided to use the research institute to purchase 5 million yuan of idle funds to buy it by Hunan Boyi Asset Management Co., Ltd. (hereinafter referred to as "Boyuan Company, hereby" ") The issued wealth management products called" 'China Resources Trust -Yuelu No. 6' 'Structural Securities Investment Collection Getting Fund Trust Plan ", with an annual interest rate of 7%, and the purchase period is one year (September 2013 to September 2014).

The product contract shows that the product type subscribed by the Environmental Research Institute is "Class A Priority Trust Benefiting Right". The product commitment shows that Boyan's commitment to priority beneficiaries promises to protect the capital. It is worth noting that the court found that the actual controller of the Boyan company established in 2011 is Deng. The company's business scope does not include finance, securities, etc., and has not obtained financial licenses issued by the regulatory authorities.

After purchasing the above products for one year, the Institute of Environmental Protection did not receive the principal and income agreed by Boyuan Company. Since then, the two parties have negotiated the contract for 3 months. However, in 2015, the Environmental Protection Institute brought the Boye Company, ICBC Hunan Branch and China Resources Trust to court. During the trial of the case, the actual controllers of Boyan were arrested for suspected illegal absorption of public deposits.

In other words, this investment of the Institute of Environmental Protection after its maturity not only did not obtain benefits, but even the principal of 5 million yuan did not get it back.

In the lawsuit, the Environmental Protection Institute said that the purchase of the above -mentioned commissioned wealth management products was recommended by Zhang and Liu, a staff member of the Dongtang Sub -branch of the Workers Bank. Based on the trust of the Industrial and Commercial Bank of China, the Environmental Protection Research Institute believed that there was no risk to buy "Yuelu No. 6 6 "Financial product. After the Environmental Protection Research Institute decided to purchase the same text from the ICBC Dongtang Sub -branch, and then sent it back to the Dongtang Sub -branch of ICBC after signing. However, the Institute of Environmental Protection did not provide direct evidence to the aforementioned statement, and the ICBC Dongtang Sub -branch did not recognize it.

The court believes that the contract arising from the dispute in this case is not a business trust dispute, but the compensation dispute of property damage. Therefore, the focus of the dispute is the liability and responsibility of the parties involved in the involved parties.

Illegal private equity actual controller has been sentenced to life due to illegal fundraising

To make it clear that the size of the responsibilities of the above -mentioned property losses must be traced back to the source of the responsibility of the above products through the product. An important feature in this case is that Bo Yan Company, which has not obtained relevant financial licenses and sales qualifications, has opened up the sales channels of many state -owned banks and bank staff, and sold related financial products.

According to the facts ruled by the court, from December 2010 to September 2014, under the teachings and arrangements of the actual controller of Hunan Bofeng Finance Sales Co., Ltd. and Boyi Company, Zhu Mou and Zhang, sales staff of Boyi Company, and Zhang Someone and others open up the sales channels of Industrial and Commercial Bank of China, Bank of China, and Agricultural Bank in some areas of Hunan, dock with outlets, help the bank's outlets to complete the deposit task, and give bank staff sales commission. Promote related products.

The court found that bank customers believed that based on trust in the bank, the promotion and promotion letter of promotion, and no risk of preservation, and no risk, so that they signed and paid investment funds on the entrusted subscription contract of related products. Through the above operating model, Boyuan Company has commissioned the name of "Yuelu No. 3" and "Yuelu No. 6" and other wealth management products in the above operation. Investors signed a trust plan to entrust the subscription contract, illegally raising 110 million yuan.

For the funds obtained by illegal fund -raising, Deng Mou, the actual controller of Boyuan Company, is mainly used for fund -raising principal and interest, purchasing trust plans and the operation of related companies. In November 2018, after Deng was arrested for more than 3 years, he was sentenced to the crime of fund -raising fraud and illegally absorbing public deposits.

Some witness Feng Mou proves that the "Yuelu No. 6" wealth management product purchased by the Environmental Protection Research Institute was sold by the ICBC Dongtang Branch. Feng was responsible for connecting the Deputy Governor of the Dongtang Sub -branch of the ICBC, and put the company's contract with He Mou. Another witness Tan proved that in November 2012, the person in charge and customer manager of the Organization of the Shaoshan Road Sub -branch of the Changsha of the ICBC had a meeting. It is said that banks have funding supervision, product security, and risk -free. Except for Ziwei Road Sub -branch and Shuguang Dami Sub -branch, the remaining 12 outlets participated in sales.

The bank was responsible for 30%, and many state -owned banks involved in it

According to the first instance of the relevant materials, the Court found that the ICBC Dongtang Sub -branch conducted improper promotion on the "Yuelu No. 6" wealth management products on the Environmental Protection Research Institute. Behavior.

The court believes that the staff of the ICBC Dongtang Sub -branch is introducing the "Yuelu No. 6" wealth management product issued by the Environmental Protection Research Institute and other individuals. Take the corresponding responsibility. In this regard, the court determined that the Dongtang Sub -branch of the ICBC should pay 30%of the cost of 5 million yuan in the investment of 5 million yuan, that is, 1.5 million yuan.

At the same time, the court also stated that the Hunan Environmental Protection Institute as the victim was also wrong. That is, the Institute of Environmental Protection, as a national institution, sets up internal approval procedures with corresponding specifications during foreign investment, and its own awareness of risk prevention should be much higher than ordinary natural person investors. The institute itself should understand the ability to regulate the corresponding financial investment law and have the ability to approve the legal risk and market risk of commissioning contracts. As a result, the court believes that the Environmental Protection Research Institute should take the main responsibility for the investment behavior of its own.

After the above -mentioned judgment was made, both Hunan Environmental Protection Research Institute and ICBC Dongtang Sub -branch expressed dissatisfaction, but after the trial, the court believed that the facts of the first instance determined that the facts were clear, the applicable law was correct, it should be maintained. Determine.

It is worth noting that the Chinese reporter of the brokerage company, Emperor Boye and the active conditions of the controller involved in criminal cases, searched a large number of civil disputes on the referee document network. The local branch of Hunan Province, and bank branches are usually among the defendants. In the dispute between banks and individual investors, multiple case jurisprudence showed that banks assumed all liability for compensation.

Responsible editor: Gui Yanmin

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