A bribery case is a money laundering case

The bribery cases with a total amount of more than 15.46 million yuan together, a seemingly ordinary stolen money, and five irrelevant bank accounts were hidden with a "self -laundering" criminal clue. A few days ago, with the addition of investigation by the Haiyan County Procuratorate in Zhejiang Province, the court sentenced the court to the former director of the Natural Ecological Protection Department of the Environmental Protection Department of Zhejiang Province for bribery and money laundering in accordance with the law. 11 million yuan.

In the process of handling the case, prosecutors and banks anti -money laundering experts

No technology, but received "technology stocks"

Gu Mou, who has served as the former director of the Radiation and Environment Management Department of the Zhejiang Provincial Department of Environmental Protection, holds important powers such as the supervision of radiation projects and the approval of radiation safety permits in the province. In order to allow the project in the hand to be approved smoothly, some bosses who are seeking him give gifts in various ways, Li Xiang (a pseudonym) is one of them.

In 2012, under the care of Gu Mou, Li Xiang's radiation project was successfully accepted. Li Xiangxin was grateful, and the two were becoming more familiar. Two years later, Li Xiang found Gu Mou again because he wanted to let an environmental protection project in Zhejiang, hoping that the other party would help the other party in the process of project coordination and approval, and also expressed the idea of ​​"cooperative operation".

Gu Mou thinks it is reliable. Since then, in order to help the project landing, he took the initiative to coordinate and actively docking. However, for various reasons, the project failed to successfully land in Zhejiang. However, in order to fulfill the promise of "cooperation" in the early stage and in the long run, Li Xiang still presented Gu's dry stocks worth more than 1.24 million yuan in the name of "technology stocks".

Arrange my brother as a "tool person" as a bribery

"Selling the money from the dry stock, transferred to my brother's card, and was later transferred to the company's account for repayment." In January this year, Gu Mou, which was investigated by the Supervisory Organ in Haiyan County, was suspected of bribery cases. When the clue of the crime of money laundering was "double investigation", the sentence in the question of Gu Mou caused the alertness of the prosecutor Bai Shuiying.

How did this stolen money transfer to the company account? Is it suspected of money laundering? With these questions, the prosecutor listed the opinions of the supplementary evidence and suggested that the supervisory authority investigated the flow of the stolen money.

It turned out that in order to evade the investigation, Gu Mou had already thought about the Jin Chan's shell when receiving dry stocks. He arranged for his brother to come forward to hold the shareholding, and borrowed his brother's account to connect related funds to allow himself to accept the dry stock. It was completely out of things.

In June 2021, Gu Mou sold all the above -mentioned stocks to Li Xiang's team members, and the money was directly entered into his brother's account.

The money has entered his brother's account, which can only show that Gu Mou uses his brother to come forward to accept bribes. To find out whether Gu Mou has a "self -laundering" criminal act, he must conduct a full -chain investigation of the funds flow of the stolen money.

To this end, on the basis of finding the facts in the early stage of the Supervisory Organs of Haiyan County, relying on the "Several Opinions on Joining Special Actions on Campaign of Crimination of Money Laundering Crime Crime" issued by the Haiyan Branch of the People's Bank of China The transaction flow of the stolen money flowing through the account and the financial account of the company involved in the case fully identified the crime of money laundering.

5 transfers "White" stolen money

After investigation, after receiving the amount, Gu's brother, according to Gu's instructions, the full transfer of the money to the management staff of the company B the next day to Wang Yun (a pseudonym). Immediately after, under the arrangement of Gu Mou, Wang Yun remitted the stolen money in the name of the company's debt in the name of personal repayment of the company's debt. Five days later, Company A, in the name of paying funds between the company, scored 3 million yuan of funds including stolen money into the public account of Company B, and was eventually transferred by Company B to the debt to others.

In the above transfer process, the stolen money has been mixed with the daily business funds of Company A and B. Its real source and nature are difficult to identify.

What is the relationship between the two companies A and B? After further investigation, the prosecutor found that although Gu Mou had nothing to do with Company A and B, in fact, he was the actual controller behind the two companies, and the transfer of stolen money was carried out under his arrangement.

This stolen money of more than 1.24 million yuan is named after the company and individual legitimate debt settlement. In a short period of time, the circulation of five accounts of Gu's brother, Wang Yun, Company A, Company B, and creditors of the company. Mixing has been completely "washed".

Prosecution "self -laundering" crime

After reviewing the Haiyan County Procuratorate, Gu Mou not only allowed his brother to come forward to accept bribes in order to evade the investigation, but also concealed the source and nature of the crime of bribery through multiple account transfer and mixing with the company's funds. Money laundering is constituted.

"Prosecutor, I just transferred the bribery through others' accounts. In this case, I have only been convicted of bribery. Why should I still have to set money to money?" In the face of the allegations of money laundering, Gu Mou had a lot of doubts.

In order to relieve Gu Mou's doubts, the prosecutor explained to him in detail about the crime of money laundering, and presented the effective jurisprudence of "self -laundering" crimes across the country. After the prosecutor's patience explained the law, Gu Mou's allegations of money laundering were convicted of his crime, and he expressed his voluntary confession and punishment for bribery and money laundering.

"The crime amount in this case is particularly huge. In the case of handling the case, we have always pursued the pursuit of stolen goods as a key task and actively urged the suspect to withdraw from the stolen money as soon as possible." During the review and prosecution, the prosecutor Bai Shuiying repeatedly explained to Gu Mou and pleaded guilty to confessing the penalty.From the relevant provisions of the wide system, at the same time, it is clearly notified that the retirement of the stolen goods is an important basis for obtaining the processing from wide treatment, and urging Gu to retreat in time.In the end, at the request of Gu Mou, his family members withdrew all the amount of stolen money on their behalf, totaling more than 15.46 million yuan.Due to the clear criminal facts, the evidence is indeed and sufficient, the Haiyan County Procuratorate directly sued his money laundering on the basis of suing Gu Mou's suspected bribery on March 7.

Recently, the court opened a public trial to determine the facts and crimes accused of the procuratorial organs accused of the establishment of the criminal facts and charges. Settlement suggestions were appropriate and adopted.Make the above judgment.Gu Mou did not appeal in court.At present, the judgment has taken effect.

(Source: Procuratorial Daily Author: Fan Yuehong Wei Jieping Lin Ting)

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