背信损害上市公司利益罪
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生物谷原董事长林艳和获刑三年,缓刑请求被驳回
Jing Ji Guan Cha Wang· 2025-12-24 03:27
Core Viewpoint - Lin Yanhe, the former chairman of Bio Valley, was sentenced to three years in prison for illegally transferring company funds to Shenzhen Jinsha River Investment Co., Ltd. The court rejected his request for probation [1][2]. Group 1: Legal Proceedings - Lin Yanhe was convicted of breaching trust and harming the interests of the listed company, receiving a three-year prison sentence and a fine of 5 million RMB. The former board secretary and financial director, He Yuan, was sentenced to 18 months in prison and fined 2 million RMB [2]. - The court ruled that the amount involved was particularly large and the social harm was severe, leading to the rejection of the defendants' requests for leniency based on self-reporting and contributions to damage control [2]. Group 2: Company Background - Bio Valley specializes in traditional Chinese medicine products, with its main products including Dan Zhan Sheng Mai capsules and Dan Zhan Xi Xin injections, which are used to treat ischemic cardiovascular and cerebrovascular diseases [2]. - The company transitioned from the New Third Board to the Beijing Stock Exchange in 2021 [2]. Group 3: Financial Misconduct Details - From August 2021 to March 2022, Lin Yanhe arranged for He Yuan to transfer a total of 277 million RMB in non-operating funds to Jinsha River Investment under the guise of entrusted financial management, with 122 million RMB in 2021 and 155 million RMB in early 2022 [4]. - As of July 19, 2022, only 20 million RMB of the occupied funds had been returned, leaving 257 million RMB outstanding [4]. Group 4: Regulatory Actions - Lin Yanhe faced investigation by the China Securities Regulatory Commission (CSRC) in May 2022 for information disclosure violations and was publicly reprimanded by the Beijing Stock Exchange in July 2022 for fund occupation [3]. - He resigned as chairman in July 2022 and was banned from the securities market for life in September 2022 [3].
终审裁决!康得新犯欺诈发行证券罪,董事长获刑15年
Zheng Quan Shi Bao Wang· 2025-12-15 14:51
Core Viewpoint - The company, Kangde Xin, has faced significant legal repercussions due to fraudulent activities, including securities fraud and foreign exchange fraud, resulting in substantial fines and prison sentences for key executives [1][2][3]. Group 1: Legal Proceedings - On December 11, 2025, the Jiangsu Provincial High People's Court issued a final ruling, rejecting appeals and upholding the original judgment against Kangde Xin [1]. - The first-instance judgment revealed that Kangde Xin was guilty of securities fraud and foreign exchange fraud, leading to a fine of 410 million RMB [2]. - The chairman, Zhong Yu, received a 15-year prison sentence and a fine of 20.2 million RMB for his role in the fraud [1][3]. Group 2: Details of the Fraud - The fraudulent activities spanned over seven years, involving a systematic approach to financial deception orchestrated by Zhong Yu and other executives [2]. - The total amount involved in the fraud was substantial, severely disrupting the securities market [2]. Group 3: Sentences for Other Executives - Other executives, including Xu Shu and Wang Yu, received varying prison sentences ranging from 2.5 years to 13 years, along with fines for their involvement in the fraudulent activities [3][4]. - Zhang Lixiong was sentenced to 2 years with a suspended sentence for his role in the fraud [4]. Group 4: Financial Impact on the Company - The total fine of 410 million RMB represents 3.29% of the company's most recent audited net assets, and the company has already accounted for this fine in its current profits, indicating no impact on future profits [6]. Group 5: Timeline of the Case - The case has been ongoing for over four years, with the initial indictment received in September 2021 and the final ruling made in December 2025 [7]. - The prosecution involved multiple charges against the company and its executives, highlighting the severity of the offenses committed [7].
终审裁决!康得新犯欺诈发行证券罪,董事长获刑15年
券商中国· 2025-12-15 14:27
Core Viewpoint - The article discusses the significant legal developments regarding Kangde Xin, including a final ruling by the Jiangsu Provincial High People's Court, which upheld the original judgment against the company and its executives for serious financial crimes, including fraud and foreign exchange violations [1][6]. Summary by Sections Legal Proceedings - On December 11, 2025, Kangde Xin received a criminal ruling from the Jiangsu Provincial High People's Court, which rejected the appeal and upheld the original verdict [1]. - The first-instance judgment indicated that Kangde Xin was guilty of fraudulently issuing securities and illegally obtaining foreign exchange, resulting in a fine of RMB 410 million [2]. Sentences for Executives - Chairman Zhong Yu was sentenced to 15 years in prison and fined RMB 20.2 million for multiple offenses, including fraud and foreign exchange violations [3]. - Other executives, including Xu Shu and Wang Yu, received varying sentences ranging from 2.5 years to 6.5 years, along with fines for their roles in the fraudulent activities [4]. Financial Impact - The total fine of RMB 410 million represents 3.29% of Kangde Xin's most recent audited net assets, and the company has already accounted for this penalty in its financial statements, indicating no impact on current or future profits [6]. Case Timeline - The case has spanned over four years, beginning with the initial indictment in September 2021, leading to various legal proceedings and the final ruling in December 2025 [7].
退市后 “秒还”占款,龙宇股份空窗期收购又是“套路”?
Di Yi Cai Jing Zi Xun· 2025-09-19 06:53
Core Viewpoint - The article discusses the unusual circumstances surrounding the delisting of Longyu Co., Ltd. due to significant non-operating fund occupation by its major shareholder, amounting to 868 million yuan, and the subsequent repayment of 337 million yuan shortly after delisting, raising questions about the underlying capital maneuvers [1][3][13]. Group 1: Delisting and Financial Background - Longyu Co., Ltd. was delisted on July 3, 2025, primarily due to the major shareholder's 868 million yuan non-operating fund occupation and consecutive "unable to express opinion" audit reports for 2023 and 2024 [3][13]. - The company reported a net asset of 3.693 billion yuan and cash reserves of 1.1 billion yuan at the end of 2023, indicating a strong financial position prior to delisting [3][4]. - Despite external offers for high-priced acquisitions to help maintain its listing status, the major shareholder rejected these proposals [4]. Group 2: Post-Delisting Actions - Within 20 days post-delisting, Longyu's major shareholder and related companies repaid 337 million yuan, suggesting some repayment capability despite previous refusals to settle before delisting [5][13]. - The repayment raised suspicions as it contradicted typical market behavior where companies strive to protect their listing status [5]. Group 3: Acquisition and Corporate Governance - During the "information disclosure gap" between delisting and re-listing on the National Equities Exchange and Quotations, Longyu acquired 100% of Shanghai Yunman Yisuan Information Technology Co., Ltd. without public disclosure [6][8]. - The acquisition was linked to the repayment of the 337 million yuan, with allegations that funds were cycled through related parties, potentially harming minority shareholders [8][10]. - The new executive appointed during this period had significant ties to the acquired company, raising further questions about governance and transparency [7][8]. Group 4: Regulatory and Legal Implications - Regulatory scrutiny intensified following the discovery of significant undisclosed related-party transactions, leading to administrative penalties and investigations into financial misconduct [13][14]. - The remaining 500 million yuan in fund occupation remains a concern for minority shareholders, with potential plans to use company funds for further acquisitions to settle these debts [13][14]. - Legal actions have been initiated by affected investors, resulting in favorable judgments against Longyu for losses incurred due to misleading statements [14].
海航集团原美籍高管、首席执行官谭向东三罪并罚获刑6年
经济观察报· 2025-07-22 08:55
Core Viewpoint - The article discusses the legal proceedings and sentencing of Adam Tan (谭向东), the former CEO of HNA Group, who was convicted of multiple financial crimes, including breach of trust and loan fraud, resulting in a six-year prison sentence [2][17]. Group 1: Legal Proceedings - Adam Tan was sentenced to six years in prison for three crimes: breach of trust damaging the interests of a listed company, loan fraud, and embezzlement [2][17]. - The Haikou Intermediate People's Court separated the cases of Tan and other executives due to Tan's U.S. citizenship, leading to different trial proceedings [10][4]. - The court's decision on Tan's case was announced on July 17, 2025, following the earlier sentencing of other executives, including Chen Feng, who received a total of 12 years in prison [13][16]. Group 2: Background of Adam Tan - Adam Tan, born in March 1967 in Jiangsu, China, became a U.S. citizen and joined HNA Group in its early days in the 1990s [5]. - He held various positions within HNA Group, including Vice Chairman and CEO, before the company was taken over by the Hainan provincial government in 2020 [5][6]. - Tan, along with other executives, was taken into custody by Hainan police in September 2021 due to criminal allegations [6][8]. Group 3: Regulatory Actions - The China Securities Regulatory Commission (CSRC) previously penalized Tan and Chen Feng for serious violations related to massive related-party transactions and fund misappropriation from 2018 to 2020 [17][18]. - The CSRC imposed a ten-year market ban on Tan, citing his role as a key executive and the severity of his violations [18][19]. - The legal charges against Tan are closely related to the CSRC's findings, which indicated significant breaches of fiduciary duty that led to substantial losses for the company [19][17].
海航集团原美籍高管、首席执行官谭向东三罪并罚获刑6年
Jing Ji Guan Cha Wang· 2025-07-22 07:01
Core Viewpoint - Adam Tan, the former CEO of HNA Group, was sentenced to 6 years in prison for multiple crimes including breach of trust, loan fraud, and embezzlement [1][4]. Group 1: Background of Adam Tan - Adam Tan, born in March 1967 in Jiangsu, China, later became a U.S. citizen and joined HNA Group in its early days during the 1990s [2]. - He served in various leadership roles within HNA Group, including Vice Chairman and CEO from 2016 to 2020, before being replaced after the group was taken over by the Hainan provincial government [2]. - In September 2021, he was taken into custody by Hainan police due to criminal allegations, alongside other key figures in the company [2]. Group 2: Legal Proceedings - The Haikou Intermediate People's Court sentenced Tan on July 17, 2025, for three crimes, resulting in a total of 6 years imprisonment and corresponding fines [4]. - The court's decision followed a series of criminal charges against Tan and other executives, including Chen Feng, who faced similar accusations [2][3]. - The court proceedings were split into two cases due to Tan's U.S. citizenship, which affected the legal process [2]. Group 3: Regulatory Actions - The China Securities Regulatory Commission (CSRC) previously penalized Tan and Chen Feng for serious violations related to HNA Group's financial practices between 2018 and 2020, including undisclosed related-party transactions [4][5]. - The CSRC imposed a 10-year market ban on Tan, citing his significant role in the company's illegal activities [5]. - The breach of trust crime is defined under Chinese law as actions by company executives that result in substantial losses to the company, with penalties ranging from imprisonment to fines [5][6].
控股方资金占用致*ST龙宇退市,中小股东抱团欲罢免董事长
Nan Fang Du Shi Bao· 2025-05-12 12:40
Core Viewpoint - *ST Longyu is facing imminent delisting due to financial issues, including significant fund occupation by its controlling shareholders, leading to a lack of effective action to resolve the situation [3][4][10]. Group 1: Company Financial Status - *ST Longyu has a net asset value of 3.32 billion yuan as of the end of Q1 2025, with cash holdings amounting to 703 million yuan [5]. - The company has been reported to have a total of 917 million yuan in funds occupied by its controlling shareholders, with 867 million yuan remaining [4][10]. - The 2023 financial report received a non-standard opinion from the auditor due to uncertainties regarding the nature and recoverability of transactions with related parties [4][10]. Group 2: Shareholder Actions - A group of minority shareholders, holding a combined 10.73% of shares, has proposed a temporary shareholders' meeting to replace current board members and to initiate a stock buyback [6][7]. - The proposal includes the removal of current chairman Xu Zengzeng and director Liu Ce due to alleged misuse of company funds and poor strategic management [7]. - The shareholders are advocating for a stock buyback at a price not exceeding the net asset value of 8.87 yuan per share, with a minimum buyback amount of 500 million yuan [8][9]. Group 3: Legal and Regulatory Actions - Minority shareholders have filed criminal complaints against the controlling shareholders for breach of trust, alleging that their actions have harmed the company's interests [10][11]. - The company has not submitted a hearing request to the Shanghai Stock Exchange within the stipulated timeframe, which could further complicate its situation [3][9]. - Regulatory bodies have emphasized the need for strict enforcement against fund occupation and related violations, indicating potential criminal liability for controlling shareholders [11].