立体化追责

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行政民事刑事立体化追责 金通灵案一审宣判原董事长获刑6年
Zhong Guo Jing Ying Bao· 2025-10-01 12:49
金通灵(300091.SZ)9月30日披露,当日收到一审《刑事判决书》。金通灵犯欺诈发行证券罪,被判处 罚金800万元。时任董事长、副董事长兼总经理季伟犯违规披露重要信息罪、欺诈发行证券罪,被判有 期徒刑6年,并处罚金300万元。 金通灵表示,根据《刑事判决书》,公司在向特定对象发行股票的发行文件中编造重大虚假内容,以欺 诈发行证券罪被追究刑事责任,本事项不会触及深交所创业板股票上市规则规定的欺诈发行强制退市情 形。 此外,根据《刑事判决书》,公司被判处罚金800万元,占公司最近一期经审计净资产的1.17%,公司 将按照相关会计准则进行会计处理,对公司本期利润或期后利润的具体影响以审计意见为准。 立体化追责 在刑事判决之前,2024年1月2日,金通灵披露收到江苏证监局下发的《行政处罚决定书》。 此前,江苏证监局已就金通灵2017年至2022年财务造假,对公司及相关责任人、年报审计机构作出行政 处罚。此外,金通灵特别代表人诉讼也已启动,并取得新的进展。 业内专家在接受《中国经营报》记者采访时表示,民事、行政、刑事三位一体的监管和处罚,是法治理 念之于资本市场的具体体现,有助于资本市场功能的发挥。 专家同时建议, ...
财务造假!这家公司即将退市
Zhong Guo Zheng Quan Bao· 2025-09-06 05:28
Core Viewpoint - *ST Zitian's stock will be delisted due to financial misconduct, including false accounting reports and failure to rectify issues as mandated by regulatory authorities [2][6][9] Group 1: Financial Misconduct - *ST Zitian has inflated revenue by a total of 2.499 billion yuan over two years [5][6] - In the 2022 annual report, the company falsely reported internet advertising fees and other services, inflating revenue by 778 million yuan, which constituted 44.59% of annual revenue, and profit by 85 million yuan, accounting for 35.99% of total profit [6][7] - The 2023 semi-annual report showed an inflated revenue of 207 million yuan and profit of 79 million yuan, representing 14.56% of that period's revenue and 51.64% of profit [7] - The 2023 annual report indicated an inflated revenue of 1.721 billion yuan, which was 78.63% of that year's revenue, due to incorrect revenue recognition practices [7] Group 2: Regulatory Actions - The China Securities Regulatory Commission (CSRC) imposed a total penalty of 38.4 million yuan on *ST Zitian and its management for the fraudulent activities [7][9] - The former chairman and financial director face lifetime bans from the securities market due to their roles in the misconduct [7] - Regulatory authorities are pursuing comprehensive accountability for financial fraud, indicating that penalties will extend beyond administrative actions to potential criminal charges [9] Group 3: Market Impact - *ST Zitian's stock has experienced a cumulative decline of 87.01% this year [9]
立体化追责斩除财务造假“毒瘤”
Bei Jing Shang Bao· 2025-08-10 16:34
Group 1 - The core viewpoint of the articles highlights the severe penalties imposed on *ST Gaohong for financial fraud, including a proposed fine of 1.6 billion yuan and additional penalties for involved third parties [1][2] - The regulatory body has adopted a zero-tolerance approach towards financial fraud, establishing a comprehensive accountability system that includes administrative penalties, criminal referrals, and civil compensation lawsuits to protect investors [1][3] - *ST Gaohong's financial fraud lasted for nine years from 2015 to 2021, resulting in inflated revenue of nearly 19.9 billion yuan and total profits exceeding 76.2 million yuan [1] Group 2 - The penalties for *ST Gaohong are characterized by their severity, with the company facing potential delisting due to significant violations, reflecting a strong stance against malpractices in the market [2] - The crackdown on accomplices involved in financial fraud has intensified, with significant fines imposed on individuals and companies that facilitated the fraudulent activities, indicating a shift towards stricter enforcement [2] - There has been an increase in cases where listed companies and responsible individuals face criminal charges for financial fraud, demonstrating a growing trend in the regulatory environment [3]
9年财务造假近200亿 *ST高鸿被罚1.6亿并启动退市
Sou Hu Cai Jing· 2025-08-10 16:28
Core Viewpoint - *ST Gaohong has been found guilty of serious financial fraud, resulting in a total revenue inflation of 19.876 billion yuan and profit inflation of 76.2259 million yuan from 2015 to 2023, leading to severe penalties and potential delisting from the stock exchange [1][3][4]. Group 1: Financial Fraud Details - The company engaged in fictitious trade activities, significantly inflating its revenue and profits through non-substantive transactions involving laptops and IT products [3][4]. - The inflated revenue accounted for 49.38% of the reported figures in 2019, while the inflated profit represented 64.88% of the total profit for that year [3]. - The total penalties proposed by the China Securities Regulatory Commission (CSRC) include a fine of 1.6 billion yuan for the company and 7 million yuan for third parties involved in the fraud [1][3]. Group 2: Regulatory Actions - The CSRC has initiated a delisting process for *ST Gaohong due to serious violations of securities laws, marking a "zero tolerance" approach towards financial fraud in the market [1][6]. - Key individuals involved, including the chairman and other executives, face significant penalties and market bans, with the chairman facing a 10-year ban [5][6]. - The regulatory framework is evolving to include a comprehensive accountability system that targets both the primary offenders and those who facilitate fraudulent activities [6][7]. Group 3: Company Financial Health - *ST Gaohong has reported continuous losses since 2021, with an expected loss of 130 to 180 million yuan in the first half of 2025 due to overdue loans and other financial strains [5]. - The company has faced multiple lawsuits and has had its bank accounts frozen, further impacting its operational capabilities and revenue generation [5].
侃股:立体化追责斩除财务造假“毒瘤”
Bei Jing Shang Bao· 2025-08-10 10:39
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has issued a pre-penalty notice against *ST Gaohong for serious financial fraud, proposing fines totaling 1.6 billion yuan for responsible parties and 7 million yuan for third-party collaborators [1][2]. Group 1: Financial Fraud Penalties - The penalties against *ST Gaohong reflect a significant increase in the severity of financial fraud enforcement, with the company facing a potential forced delisting due to major violations [1][2]. - The total inflated revenue reported by *ST Gaohong from 2015 to 2021 reached nearly 19.9 billion yuan, with total profit overstated by over 76.2 million yuan [1]. - The penalties include a rare high fine of 1.35 billion yuan against *ST Gaohong, with the chairman and former general manager receiving a 7.5 million yuan fine and a 10-year market ban [2]. Group 2: Broader Regulatory Actions - The CSRC has adopted a comprehensive approach to tackle financial fraud, including administrative penalties, criminal referrals, and civil claims, creating a closed-loop accountability system [1][3]. - There has been a noticeable increase in criminal accountability for financial fraud this year, with cases like Jintongling facing public prosecution for multiple years of fraudulent activities [3]. - The civil liability aspect of the *ST Gaohong case will lead to significant claims from eligible investors, further enhancing the protection of small investors' interests [3].
9年财务造假近200亿元!000851,被证监会通报
第一财经· 2025-08-10 09:48
Core Viewpoint - *ST Gaohong has been severely penalized for financial fraud amounting to nearly 20 billion yuan over nine years, facing a fine of 160 million yuan and potential delisting due to serious violations of securities laws [3][5][6]. Summary by Sections Financial Fraud Details - *ST Gaohong engaged in fictitious trade activities, significantly inflating revenue and profits from 2015 to 2023, with a total inflated revenue of 19.876 billion yuan and inflated profit of 76.2259 million yuan [5][6]. - In 2019, the inflated revenue accounted for 49.38% of the reported figures, while the inflated profit represented 64.88% of the total profit for that period [5]. Regulatory Actions - The China Securities Regulatory Commission (CSRC) has proposed a fine of 1.35 billion yuan for the fraudulent activities, marking the maximum penalty under the Securities Law [6]. - Key executives, including the chairman and the actual controller of the involved trading company, face severe penalties, including a 10-year market ban for the chairman and a 5-year ban for the financial director [7][9]. Company Financial Health - *ST Gaohong has reported continuous losses since 2021, with an expected loss of 130 to 180 million yuan in the first half of 2025 due to overdue loans and other financial difficulties [8]. - The company has faced significant operational challenges, including frozen bank accounts and numerous lawsuits, impacting its revenue generation [8]. Broader Regulatory Context - The CSRC has adopted a "three-in-one" accountability system to combat financial fraud, emphasizing the need to penalize not only the companies but also the accomplices involved in fraudulent activities [10][11]. - Recent regulatory actions reflect a zero-tolerance policy towards financial fraud in the capital market, aiming to restore investor confidence and market integrity [10][12].
证监会严查*ST高鸿财务造假:拟罚1.6亿元
Zheng Quan Ri Bao Zhi Sheng· 2025-08-08 16:40
Core Viewpoint - *ST Gaohong is facing potential delisting due to serious violations of securities laws, including fraudulent financial reporting and illegal issuance of shares, as indicated by the China Securities Regulatory Commission (CSRC) [1][2][3] Summary by Relevant Sections Company Violations - *ST Gaohong has been found to have engaged in fictitious trading activities, significantly inflating its revenue and profits from 2015 to 2023, with inflated revenue percentages ranging from 6.65% to 49.38% across different years [2] - The company’s fraudulent activities included false reporting in its annual reports and the use of inflated figures in its 2020 non-public stock issuance, which raised a total of 1.25 billion yuan [2][3] Regulatory Actions - The CSRC has proposed fines totaling 1.62 billion yuan against *ST Gaohong and its responsible parties, with an additional 7 million yuan fine against a third party involved in the fraud [3] - The CSRC plans to initiate delisting procedures for *ST Gaohong due to its serious violations, which may also involve criminal referrals to law enforcement [1][7] Broader Industry Context - Since 2025, 24 companies have been delisted, with 9 due to financial fraud, highlighting a trend of increasing regulatory scrutiny and enforcement actions against fraudulent practices in the industry [4] - Other companies, such as Fujian Zitian Media Technology Co., Jiangsu Wuzhong Pharmaceutical Development Co., and Shenzhen Guangdao Digital Technology Co., are also facing potential delisting due to similar financial misconduct [5][6] Future Implications - The regulatory environment is shifting towards a more stringent approach, with a focus on comprehensive accountability for all parties involved in financial fraud, including civil and criminal liabilities [7][8] - The recent actions signal a "zero tolerance" policy from regulators, emphasizing the need for companies to adhere strictly to financial reporting standards to avoid severe penalties [8]
侃股:莫让内幕交易毁坏A股根基
Bei Jing Shang Bao· 2025-07-22 12:13
Core Viewpoint - Recent stock price surges before major announcements have raised concerns about insider trading, which undermines market principles and investor confidence [1][2]. Group 1: Insider Trading Concerns - Insider trading is defined as trading based on non-public, significant information, leading to unfair advantages and harming market fairness [1]. - The presence of insider trading distorts price signals, causing stock prices to reflect non-fundamental factors rather than the company's true value [1][2]. - This practice can lead to a loss of trust in market regulations and diminish overall market stability and attractiveness [1][2]. Group 2: Regulatory Measures - There is a need for a multi-faceted approach to hold violators accountable and deter insider trading [2]. - Regulatory authorities should enhance enforcement capabilities, utilizing advanced technologies like big data and AI to detect unusual trading patterns [2]. - Establishing a whistleblower reward system can encourage market participants to report insider trading activities, fostering a culture of vigilance [2]. Group 3: Prevention Strategies - Companies must strengthen internal management and improve information disclosure practices to minimize the risk of insider information leaks [2]. - Training and supervision of key personnel are essential to enhance legal awareness and ethical standards, preventing insider trading incidents [2]. Group 4: Investor Behavior - Investors should remain calm and avoid speculative behavior in response to irrational price surges, which can help mitigate investment risks [3].
年内19家公司退市后收罚单 监管部门强化立体追责
Zheng Quan Ri Bao· 2025-07-10 16:07
Core Viewpoint - The regulatory authorities have intensified oversight on delisted companies, with a significant increase in penalties issued this year compared to the previous year, aimed at protecting the rights of small and medium investors and enhancing market integrity [1][2][3]. Regulatory Actions - As of July 10, 2023, 19 delisted companies have received 20 penalties from the China Securities Regulatory Commission (CSRC) or local regulatory bodies, a substantial increase from 10 penalties in the same period last year [2]. - The penalties include 18 administrative punishment decisions and 2 advance notices of administrative punishment, reflecting a strict "delisting does not exempt from liability" policy [2]. Case Examples - Nanjing Yuebo Power System Co., Ltd. was fined a total of 3.8 million yuan for failing to disclose its annual report on time and for financial misconduct, highlighting the regulatory focus on financial integrity [2]. - Guangdong Haiyin Group Co., Ltd. was penalized 13 million yuan for failing to disclose significant transactions with related parties in its annual reports, demonstrating the zero-tolerance approach of regulators [3]. Investor Compensation - Efforts to support investor compensation are ongoing, with various lawsuits initiated against delisted companies for losses incurred due to fraudulent activities [4]. - The Supreme People's Court and the CSRC have issued guidelines allowing investors to file civil compensation lawsuits for losses caused by false statements [4]. Legal Framework and Enforcement - There is a call for improved legal frameworks to facilitate investor rights and lower the costs of legal actions, emphasizing the need for streamlined processes and enhanced collaboration among regulatory bodies [5]. - The regulatory framework includes a multi-faceted accountability system that combines administrative, civil, and criminal measures to deter fraudulent activities in the capital market [6][7].