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深度丨从帮凶到漏网之鱼:如何追责财务造假“第三方”合谋者?
证券时报· 2025-05-15 08:48
Core Viewpoint - The article highlights the increasing complexity and prevalence of financial fraud in listed companies, particularly focusing on the role of third parties in facilitating these fraudulent activities [2][4][18]. Group 1: Overview of Financial Fraud - The annual "5.15 National Investor Protection Day" serves as a reminder of the severe consequences of financial fraud, exemplified by the Zijing Storage case, which affected 17,000 investors and involved compensation of 1.086 billion yuan from four intermediary institutions [2]. - Since 2020, over 60% of administrative penalties by the China Securities Regulatory Commission (CSRC) for income fraud have involved transaction fraud, with more than 600 third-party entities implicated in 58 cases of transaction fraud [4][6]. Group 2: Evolution of Fraud Techniques - Financial fraud has evolved from simple accounting manipulations to systemic fraud that encompasses entire business processes, as seen in cases like Gome Communications and Oriental Group [5][10]. - Transaction fraud is characterized by the fabrication of non-existent transactions and manipulation of transaction processes, posing a more direct threat to market trust compared to traditional accounting manipulations [6][10]. Group 3: Role of Third Parties - Third parties, including customers, suppliers, and shell companies, play a crucial role in orchestrating financial fraud, with an average of over 10 third parties involved in each fraudulent case [11][12]. - The involvement of third parties often includes hidden relationships and the creation of complex transaction structures to obscure fraudulent activities, as demonstrated in various cases [12][13][14]. Group 4: Legal and Regulatory Challenges - Despite the high-pressure stance of the CSRC against financial fraud, third parties often escape significant legal repercussions, leading to a lack of accountability in the broader fraud ecosystem [18][19]. - The current legal framework does not adequately address the roles of third parties in financial fraud, resulting in a cycle of low risk and high reward for those involved in fraudulent activities [23]. Group 5: Recommendations for Improvement - There is an urgent need to enhance legal regulations and establish a comprehensive accountability mechanism for all parties involved in financial fraud, including third parties [23].
从帮凶到漏网之鱼:如何追责财务造假“第三方”合谋者?
Zheng Quan Shi Bao· 2025-05-14 18:29
Core Viewpoint - The article highlights the systemic issue of financial fraud in listed companies, particularly focusing on the role of third-party entities in facilitating such fraud, which has become increasingly complex and hidden from regulatory scrutiny [1][11]. Summary by Sections Financial Fraud Cases - The article discusses notable financial fraud cases, such as the Zijing Storage case, which affected 17,000 investors and involved compensation of 1.086 billion yuan from four intermediary institutions [1]. - Since 2020, nearly 70% of the cases punished by the China Securities Regulatory Commission (CSRC) for revenue fraud involved transaction manipulation [2]. Types of Fraud - Transaction fraud has evolved into a primary method of revenue manipulation, accounting for approximately 70% of total fraud cases [3]. - The article categorizes fraud into two main types: transaction fraud, which involves fabricating non-existent transactions, and accounting manipulation, which distorts existing transactions [2][3]. Role of Third Parties - The involvement of third parties in financial fraud is significant, with an average of over 10 third-party entities participating in each fraudulent case, totaling 686 third parties across 58 cases [4][5]. - Third parties include related parties, real customers, and shell companies, often collaborating to create a façade of legitimate business transactions [6][7]. Legal Accountability - Despite the critical role of third parties in facilitating fraud, they often escape severe legal consequences, with only a small fraction facing penalties [9][10]. - The article emphasizes the need for a comprehensive legal framework to hold third parties accountable, as current penalties are insufficient to deter fraudulent behavior [11]. Market Implications - The prevalence of third-party involvement in fraud reflects deeper issues within market governance, including low legal risks and high incentives for fraudulent activities [8][10]. - The article calls for urgent reforms to enhance investor protection and ensure that all parties involved in financial fraud are held accountable [11].