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21独家|证监会动真格!230万罚单是开始,造假帮凶要慌了!

Core Viewpoint - The regulatory authorities are intensifying efforts to combat financial fraud in the capital market by targeting not only the listed companies but also the third-party entities that facilitate such frauds, with a focus on enhancing legal powers and inter-agency cooperation [1][10][12]. Regulatory Actions - The China Securities Regulatory Commission (CSRC) is pushing for legislative changes to empower itself to impose administrative penalties on third-party entities involved in financial fraud [12]. - The CSRC has initiated a mechanism to transfer leads on fraudulent third parties to relevant government departments for further action, which has already shown initial effectiveness [13][14]. - There is a three-pronged approach to tackle the issue, including legal empowerment, inter-departmental cooperation, and public notification of third-party fraud cases [12][13][15]. Recent Cases and Trends - As of August 3, 2023, ST Pava's actual controller was investigated for embezzlement, marking the eighth listed company involved in criminal cases since July 2023 [1][4]. - The number of listed companies facing criminal penalties has significantly increased since the issuance of the "Opinions on Further Improving Comprehensive Punishment for Financial Fraud in the Capital Market" [4]. - Recent cases include the Yu Bo Power case, where two individuals from a third-party company were fined a total of 2.3 million yuan, marking the first administrative penalty against a third-party entity [2][15]. Characteristics of Fraudulent Third Parties - The third-party entities involved in facilitating fraud are often small, unlisted shell companies, making them difficult to regulate and monitor [5][10]. - These third parties typically engage in covert operations that blend legitimate and fraudulent activities, complicating detection efforts [4][5]. Examples of Fraudulent Activities - In the Saiwei Intelligent case, four third-party companies were identified as key players in facilitating financial fraud, including the transfer of over 120 million yuan through various deceptive transactions [8][9]. - Specific fraudulent actions included the misappropriation of funds for personal debts and the creation of fictitious accounts receivable, which led to significant misstatements in financial reports [8][9].