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上市公司造假帮凶遭重罚
21世纪经济报道· 2025-10-12 15:32
Core Viewpoint - The recent ruling in the Huahong Jitong case marks a significant step in holding accomplices of financial fraud accountable in China's capital market, indicating a shift towards stricter enforcement against those aiding in financial misconduct [1][2]. Summary by Sections Case Details - Huahong Jitong, which was delisted in 2023 due to severe financial fraud, had its auditing firm, Lixin Accounting Firm, fined over 1.55 million yuan. Three related parties—Shanghai Yidian, Zhongjing Fudian, and Shanghai Zhongka—were ordered to bear joint liability for investor losses, with compensation responsibilities ranging from 10% to 20% [1][4][6]. Legal and Regulatory Developments - The ruling in the Huahong Jitong case is part of a broader trend, alongside other cases like Saiwei Intelligent and Yuebo Power, to establish a comprehensive accountability system for accomplices in financial fraud, thereby enhancing the regulatory environment of the capital market [2][8]. - The current regulatory framework is evolving, with the China Securities Regulatory Commission (CSRC) working on the "Regulations on the Supervision and Administration of Listed Companies" to empower it to investigate and penalize third parties involved in financial fraud [10][12]. Enforcement Mechanisms - The CSRC is implementing a three-pronged approach to strengthen regulatory oversight: improving legal frameworks, enhancing inter-departmental collaboration, and establishing a reporting system for accomplices in fraud cases [10][12]. - A significant aspect of this approach is the establishment of a mechanism for transferring leads on suspected accomplices to relevant authorities based on their industry, which aims to create a coordinated enforcement environment [11][12]. Implications for Third Parties - The increased liability for accomplices, as seen in the Huahong Jitong case, suggests that third parties involved in financial fraud will face higher penalties, indicating a shift in the cost of compliance and the risks associated with aiding fraudulent activities [6][8]. - The relatively high percentage of joint liability (10%-20%) for accomplices in this case, compared to previous cases where the liability was only 3%, highlights a significant escalation in the accountability measures being enforced [6][8].
配合造假的第三方,正浮出水面
Jin Rong Shi Bao· 2025-08-14 01:46
Group 1 - The core viewpoint of the articles highlights the increasing scrutiny and regulatory actions against third-party entities involved in financial fraud alongside listed companies in China's capital market [1][4][5] - The China Securities Regulatory Commission (CSRC) has signaled a clear intention to crack down on systemic fraud and the complicity of third parties, marking a new trend in financial misconduct [1][2] - In 2024, the CSRC has already identified multiple listed companies that engaged in financial fraud with the assistance of third parties, indicating a growing concern over the integrity of the market [1][2] Group 2 - The recognition of third-party complicity in financial fraud is not a new phenomenon, with a significant number of companies and third parties involved in such activities from 2019 to 2023 [2][3] - The complexity and hidden nature of these fraudulent schemes, often involving multiple entities, make detection and regulatory enforcement challenging [2][3] - The involvement of various stakeholders, including intermediaries, financial institutions, and suppliers, complicates the governance and accountability of fraudulent activities [3][4] Group 3 - The regulatory framework is evolving to address the issue of third-party complicity in financial fraud, with new guidelines and legal provisions being established [5][6] - The CSRC is working towards a comprehensive punitive system that includes civil, administrative, and criminal liabilities for third parties involved in financial fraud [6][7] - Recent legal updates have clarified the responsibilities and potential penalties for third parties, enhancing the enforcement capabilities of regulatory bodies [5][6] Group 4 - Future regulatory efforts will focus on improving evidence collection and legal interpretations to effectively combat third-party complicity in financial fraud [8][9] - There is a call for a more integrated approach among various regulatory and enforcement agencies to enhance the detection and prosecution of financial fraud [9] - The use of advanced data analysis techniques is suggested to monitor irregularities in financial reporting and identify potential fraud more effectively [9]
重罚1.6亿!财务造假实锤,一上市公司面临退市,9人集体领罚
21世纪经济报道· 2025-08-08 10:53
Core Viewpoint - The article highlights the severe penalties imposed on *ST Gaohong for financial fraud, including a record fine of 1.6 billion yuan, and the potential for forced delisting and criminal charges against key individuals involved in the fraud [1][9][11]. Group 1: Penalties and Consequences - *ST Gaohong was fined 1.35 billion yuan, while nine responsible individuals received fines ranging from 750,000 to 7.5 million yuan, with the chairman receiving the highest penalty of 7.5 million yuan and a 10-year market ban [1][10]. - The company is facing mandatory delisting due to serious violations, with the Shenzhen Stock Exchange initiating delisting procedures [1][10]. - Key individuals involved in the fraud, including the chairman, may face criminal charges as the case is being referred to law enforcement [1][11]. Group 2: Fraud Details - The primary method of fraud involved fictitious trade activities, with third-party cooperation being crucial for the execution of these fraudulent activities [7][8]. - The fraud was facilitated by Jiang Qing, the actual controller of Nanjing Qingya Trading Co., who organized the fictitious trade of laptops, creating a closed loop of funds and contracts without actual goods being exchanged [7][8]. - *ST Gaohong also engaged in fictitious trade through its subsidiaries, but these activities were smaller in scale compared to those organized by Jiang Qing [7][8]. Group 3: Regulatory Trends - The article notes a growing trend of punishing third parties involved in financial fraud, with Jiang Qing receiving a fine of 7 million yuan and a 10-year market ban, reflecting a stricter regulatory environment [4][12]. - The regulatory body is working on enhancing its authority to impose penalties on third parties involved in fraud, including the potential introduction of new regulations [12][14]. - The increase in criminal cases against listed companies indicates a tightening of regulatory oversight, with nearly 20 companies facing criminal charges since early 2023 [11].
证监会正在动真格!上市公司造假帮凶要慌了
Core Viewpoint - The China Securities Regulatory Commission (CSRC) is intensifying efforts to combat financial fraud in the capital market, particularly targeting third-party companies that assist in fraudulent activities [1][2][3]. Group 1: Regulatory Actions - The CSRC is working on amending laws to grant itself the authority to impose administrative penalties on third-party companies involved in financial fraud [2][10]. - The CSRC has initiated a mechanism to transfer leads on fraudulent third parties to relevant authorities for further action, which has already shown initial effectiveness [11][12]. Group 2: Increase in Criminal Cases - The number of listed companies facing criminal charges has significantly increased, with eight companies involved in criminal activities since July, and nearly twenty since early 2025 [4][5]. - The individuals typically charged are often the ultimate controllers or key executives of these companies, indicating a focus on reducing illegal activities in the capital market [4]. Group 3: Third-Party Involvement - Third-party companies, often small and unlisted, play a crucial role in facilitating financial fraud for listed companies, making it difficult to detect such activities [5][6]. - Specific cases, such as the Saiwei Intelligent case, illustrate how third parties executed fraudulent operations, including the manipulation of accounts and financial statements [6][7][8]. Group 4: Penalties and Legal Precedents - The CSRC has begun to impose penalties on third-party companies, with notable cases including fines totaling 2.3 million yuan for individuals involved in the Yu Bo Power case, marking the first administrative penalty against a third party [3][13]. - The Saiwei Intelligent case also set a legal precedent where a third-party company was held liable for a percentage of damages, indicating a shift towards holding these entities accountable [3][13].
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].
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, particularly targeting third-party companies that facilitate such fraud for listed companies [1][2][3]. Group 1: Regulatory Actions - The China Securities Regulatory Commission (CSRC) is working on legislative changes to empower itself to impose administrative penalties on third-party companies involved in financial fraud [2][11]. - The CSRC has initiated a mechanism to transfer leads on fraudulent third parties to relevant government departments for legal action, which has already shown initial effectiveness [2][12][13]. - There is a notable increase in the number of listed companies facing criminal charges, with eight companies involved in criminal cases since July, and nearly twenty since early 2025 [1][4]. Group 2: Third-Party Involvement - Third-party companies that assist in financial fraud are often small, unlisted shell companies, making their fraudulent activities harder to detect [5][9]. - The involvement of third parties in financial fraud typically includes complex operations that obscure the true nature of transactions, such as mixing genuine and fake business activities [4][6]. - Specific cases, such as the Saiwei Intelligent case, illustrate how third parties like Shenzhen Haotian and Guangzhou Gaozhuo facilitated significant financial misreporting, including the transfer of over 1.2 billion yuan [7][8][9]. Group 3: Legal Precedents - The first administrative penalty against a third-party company involved in fraud occurred in the Yuebo Power case, where two individuals were fined a total of 2.3 million yuan [3][13]. - The Saiwei Intelligent case also marked a significant legal precedent, where a third-party company was held liable for 3% of the damages in a civil compensation case [3][13].
两会 | 北京证监局局长贾文勤:对配合造假者加大追责力度,完善特别代表人诉讼制度
券商中国· 2025-03-05 15:12
Core Viewpoint - The article presents six recommendations from Jia Wenqin, the director of Beijing Securities Regulatory Bureau, aimed at improving the capital market, including measures to combat financial fraud, revise the Securities Investment Fund Law, and enhance the governance of illegal internet financial activities [1]. Group 1: Strengthening Regulations Against Financial Fraud - Jia Wenqin emphasizes the need for stricter accountability for third parties involved in financial fraud, suggesting amendments to the Securities Law and the introduction of regulations to clarify the legal responsibilities of these parties [2]. - The proposal includes enhancing the collaborative mechanism for addressing third-party fraud and improving the reporting and processing of fraud-related leads [2]. Group 2: Revising the Securities Investment Fund Law - The recommendation to amend the Securities Investment Fund Law aims to include private equity funds under its scope and adapt regulations to current industry developments [3]. - Suggestions include broadening the investment scope for public funds and establishing a liquidity support mechanism for public funds [3]. Group 3: Improving Special Representative Litigation System - The article discusses the importance of the special representative litigation system in protecting investors' rights and increasing the cost of illegal activities in the capital market [4]. - Recommendations include simplifying the initiation process for special representative litigation and expanding the range of entities that can initiate such lawsuits [5]. Group 4: Facilitating Subrogation Lawsuits by Investor Protection Agencies - Jia Wenqin highlights the challenges faced by investor protection agencies in initiating subrogation lawsuits and suggests developing judicial interpretations to clarify procedures and enhance the effectiveness of this system [6]. Group 5: Developing S Funds and Diversifying Exit Channels - The article introduces the concept of S Funds, which are private equity secondary market funds, and emphasizes their role in providing exit strategies for private equity and venture capital investments [7]. - Recommendations include encouraging participation from state-owned capital and insurance companies in the S Fund market and optimizing tax policies related to fund share transfers [7]. Group 6: Strengthening Governance of Illegal Internet Financial Activities - Jia Wenqin calls for enhanced governance of illegal internet financial activities, proposing the establishment of standards for financial information content on internet platforms and improved regulatory collaboration [8]. - The use of technology, such as big data and artificial intelligence, is recommended to enhance the identification and management of illegal financial activities [8].