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Today, many illegal and criminal acts of “routine lending” mainly involve bogus litigation, and criminals make illegal profits through bogus litigation. Li Weijun and other bogus “routine loan” lawsuits are typical in this regard. On December 14, the Supreme People’s Prosecutor’s Office released the case as the twenty-third group of guiding cases, explaining in detail how the organs of the prosecution carry out supervision in accordance with the law and promote remediation of the industry.
Use deception and incitement to create false payment details
The case shows that since October 2015, Li Weijun has used his HSBC Financial Microfinance Company in Jintan District, Changzhou City, Jiangsu Province as a carrier to gather many idle people such as Feng Xiaotao, Wang Yan, Lu Yunbo and Ding Zhong to implement usury loans. The activities gradually formed a vicious criminal group with Li Weijun as the main element.
Let the borrower falsely write promissory notes that are much higher than the principal, sign false housing leases, etc., and require the borrower to provide collateral, guarantor … The group has long used deception and induction to create false payment facts. Subsequently, the use of “mild violence” methods such as telephone harassment, verbal intimidation, locking and changing locks, demanded high interest rates from borrowers, guarantors and their families, or made false promissory notes on behalf of the interest charged .
It is worth noting that when the borrower failed to pay, the evil criminal group filed a civil lawsuit in court with bogus promissory notes, leases, etc., to trick the court into passing a civil judgment or presiding over the signing of a mediation agreement.
It is understood that Li Weijun and others requested judicial enforcement, forcing borrowers, guarantors and their families to repay debts, resulting in the judicial arrest of 5 people, the restriction of high consumption of 26 people, the inclusion out of 21 people on the untrustworthy list, 11 people were seized six properties and seven vehicles on behalf of the victim.
After the tax agency returned the case to the public safety agency for further investigation, the public safety agency once again transferred the case for investigation and prosecution of Li Weijun and other suspected fraud, extortion, false litigation. and provocation of disputes.
After hearing the facts of the crimes of Li Weijun and others, the Jintan District People’s Court identified him as a criminal group of evil forces. On November 1, 2019, the court sentenced Li Weijun to 12 years in prison for fraud, extortion, false litigation and the crime of creating disturbances and provoking disputes, and a fine of 280,000 yuan; the remaining defendants were sentenced to eight fixed-term prison terms. It ranges from one year to three years and six months, and is fined.
Civil lawsuits related to false litigation must be corrected
How was the realization of illegal profits discovered through false litigation in the Li Weijun case? Is the existing civil judgment of the people’s court appropriate?
In response to the potential false litigation issues in Li Weijun’s routine loans and others discovered during the review and prosecution, the Jintan District People’s Prosecutor’s Office, Changzhou City, while doing a good job of review and prosecution to pursue the criminal liability, initiated procedures for the supervision of civil litigation in accordance with its powers. As a result, a series of investigations and verifications were carried out in an orderly manner:
-Perform a thorough investigation of the civil litigation cases brought by Li Weijun and others, and find that Li Weijun and others have filed 113 civil lawsuits in local courts for private loan, home lease and sale contract disputes, and applied for 80 civil enforcement cases with a total amount of money involved. More than 4 million yuan;
――Investigate and verify the relevant parts of the civil litigation and discover that the facts of the loans in private loan cases are unclear and the amount is falsely high. The parties were forced to pay the debt due to “mild violence” by Li Weijun and others;
―Verify the main evidence in the civil sentence and find out that there is no legal evidence in the sentence, sentence and corresponding civil mediation;
“Check to see if there are significant financial risks in the case, and find out that small credit companies and corporations, including this case, have problems like unrated operations and group loans, lack of financial supervision, and significant risks.
After investigation and verification, the prosecution believed that Li Weijun and others mainly used methods such as signing fake promissory notes, arbitrarily creating breaches of contract, concealing mortgage facts, etc., under the guise of litigation to misappropriate the legal property of others. In the relevant civil judgments, the popular court determined that the evidence based on the basic facts of the case was false and that the pertinent civil judgments should be corrected; in the case of the civil mediation documents of Li Weijun and other parties, the criminal acts of Li Weijun and others pertained to the use of judicial activities. The misappropriation of the legal property of others, the serious obstruction of the judicial order, the damage to national interests and social public interests must also be corrected.
As a result, the Jintan District People’s Prosecutor’s Office submitted 42 prosecution recommendations to the People’s Court for the re-trial of 50 cases related to false litigation, and appealed to the Changzhou People’s Prosecutor’s Office for 8 cases of typical importance. Since then, the Jintan District People’s Court issued a civil judgment on the batch of 50 cases and overturned the original judgment.
Upon completion of the case, following investigation, in January 2020, the Jintan District Disciplinary Inspection Commission issued political and party disciplinary sanctions for trial personnel involved in a series of civil negligence cases.
Promote rectification in accordance with the law and regulatory gaps in the timely closure industry.
The Supreme People’s Prosecutor’s Office stated that when the prosecution bodies deal with cases related to “routine loans”, they must find out if there are situations in which illegal profits are obtained through false litigation. Civil judgments, judgments and mediation agreements involved in false litigation will be supervised in accordance with the law. In response to illegal financial activities and regulatory loopholes discovered in the processing of cases, suggestions from the prosecution and other methods should be used to promote legal rectification and regulatory loopholes from the timely closure industry.
In response to the discovery of small and micro financial industry unlicensed financial services and other management vulnerabilities, the Changzhou tax agency issued 7 tax recommendations to the administrative department; along with public security, financial supervision, market supervision and other departments to carry out special financial rectification activities within the city. To clean and rectify key areas, conduct “sweeping” operations in office buildings where illegal financial activities are concentrated, clean and ban 133 illegal wealth management companies, and investigate 6 criminal cases of illegal business operations.
Local tax bodies reportedly informed the Standing Committee of the Changzhou Municipal People’s Congress on the fiscal supervision of bogus civil litigation and promoted the publication of the “Deliberative Opinions of the Standing Committee of the Changzhou Municipal People’s Congress on the Legal Supervision of bogus civil litigation “. The ruling requires that the relevant functional departments of the city strengthen cooperation and cooperation, promote the construction of a large information platform for political and legal agencies, and implement 9 measures that include joint prevention and sanction of false trials.
The successful handling of false litigation cases related to “routine loans” such as Li Weijun shows that the organs of the prosecution, people’s courts, disciplinary inspection commissions, public security, judicial departments and other relevant departments should increase the collaboration to form a joint social governance force for social governance issues discovered during the processing of the case. We will promptly study, judge and share the trends and signs that we have discovered, and promote the eradication of the breeding ground for illicit financial activities at the source. (Economic Daily-China Economic Net reporter, Li Wanxiang)
(Editor-in-charge: Feng Hu)
