行刑衔接
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【e公司观察】退市不是终点,追责从未停歇,勿存“借退市逃责”幻想
Zheng Quan Shi Bao Wang· 2025-10-25 05:44
Core Viewpoint - The regulatory authority is intensifying its crackdown on companies that have been delisted, emphasizing that delisting does not exempt them from accountability for past violations [1][2][3] Group 1: Regulatory Actions - Changjiang Health received an administrative penalty notice after being delisted for a year, with a total fine of 53.3 million yuan proposed against the company and its responsible personnel [1] - The penalties include maximum fines for direct responsible individuals, highlighting a "zero tolerance" regulatory attitude [1] - Since 2025, over 70 delisted companies have faced investigations for violations, with 33 cases referred for suspected criminal information disclosure [1] Group 2: Legal Framework and Enforcement - The core breakthrough in the accountability system is the strengthening of "criminal-administrative connection," allowing for precise targeting of actual controllers and key positions behind delisted companies [2] - The implementation of the "Basic Rules for Administrative Penalty Discretion" in March 2025 allows for heavier penalties for those with significant subjective faults [2] - Recent cases, such as the imprisonment of key individuals for fraud and market manipulation, demonstrate the clear direction of punishing the "principal offenders" [2] Group 3: Comprehensive Accountability System - The collaborative efforts between administrative and criminal authorities have led to a significant increase in the number of cases referred for criminal investigation, with a 51% year-on-year growth in 2024 [3] - The establishment of a comprehensive accountability system aims to ensure accurate and complete information disclosure, which is vital for the capital market [3] - The enforcement of the "punish the principal offenders and their accomplices" principle is expected to raise the cost of violations, promoting legal compliance and integrity in market operations [3]
严肃查处!证监会处罚*ST元成严重财务造假案
Zhong Guo Jing Ying Bao· 2025-10-11 10:30
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced administrative penalties against *ST Yuancheng for financial fraud, including fines and a 10-year market ban for the actual controller [1][3][4]. Group 1: Administrative Penalties - *ST Yuancheng is facing a fine of 37.45 million yuan for inflating revenue and profits over three consecutive years [1][3]. - Five responsible individuals will collectively face fines totaling 42 million yuan [1][3]. - The actual controller of *ST Yuancheng will be banned from the securities market for 10 years [1][3]. Group 2: Legal Proceedings - The Shanghai Stock Exchange will initiate delisting procedures due to serious violations [2][4]. - The CSRC will transfer any criminal evidence related to the case to law enforcement agencies, adhering to strict legal standards [2][4][6]. Group 3: Financial Misconduct Details - From 2020 to 2022, *ST Yuancheng inflated its revenue by 209 million yuan and total profits by 50 million yuan through fraudulent accounting practices [4]. - The company failed to adjust its financial records based on verified project settlement documents, leading to an inflated revenue of 14 million yuan and total profits of 13 million yuan in its 2022 annual report [4]. Group 4: Regulatory Environment - The CSRC has emphasized a comprehensive approach to tackling financial fraud, including administrative, civil, and criminal penalties [6][7][8]. - In 2024, the CSRC referred 178 cases to law enforcement, marking a 51% increase from the previous year [7].
行刑衔接高压震慑再增一例!证监会严肃查处*ST元成严重财务造假案
Zhong Guo Jing Ying Bao· 2025-10-11 02:08
Core Viewpoint - The China Securities Regulatory Commission (CSRC) has announced administrative penalties against *ST Yuancheng for financial fraud, including fines and potential delisting procedures due to significant violations of securities laws [2][3][4]. Group 1: Administrative Penalties - *ST Yuancheng is facing a proposed fine of 37.45 million yuan for the company and a total of 42 million yuan for five responsible individuals [3][4]. - The actual controller of *ST Yuancheng will be banned from the securities market for 10 years [2][3]. Group 2: Financial Misconduct Details - The company has been found to have inflated revenue and profits for three consecutive years, with a total inflated revenue of 209 million yuan and inflated profit of 50 million yuan [4]. - Specific projects, such as the Yuelongshan International Tourism Resort, were used to manipulate financial data, leading to discrepancies in reported earnings [4][5]. Group 3: Legal and Regulatory Actions - The CSRC will transfer any criminal evidence related to the case to law enforcement agencies, adhering to strict legal protocols [4][6][7]. - In 2024, the CSRC reported a 51% increase in the number of cases sent to police for criminal investigation, indicating a tougher stance on financial misconduct [8]. Group 4: Industry Implications - The regulatory environment is becoming increasingly stringent, with a focus on comprehensive accountability that includes administrative, civil, and criminal penalties for financial fraud [8]. - Legal experts emphasize the importance of a multi-faceted approach to deter financial misconduct and protect investors in the capital market [8].
多年前内幕交易亏钱又被罚 方盛制药实控人如今再因此事被取保候审
Mei Ri Jing Ji Xin Wen· 2025-08-10 12:47
Core Viewpoint - Fangsheng Pharmaceutical's controlling shareholder Zhang Qinghua has been placed under residential surveillance due to past insider trading activities, which resulted in losses exceeding 6 million yuan. The company asserts that this matter only pertains to Zhang personally and will not affect its daily operations or financial status [2][3]. Company Overview - Fangsheng Pharmaceutical focuses on innovative traditional Chinese medicine and was listed in 2014. Its core products address various medical fields, including cardiovascular, pediatric, musculoskeletal, gynecological, respiratory, and anti-infection treatments [3]. Insider Trading Details - Zhang Qinghua received a notice from the China Securities Regulatory Commission (CSRC) regarding insider trading in June 2019, followed by an administrative penalty in January 2021. The insider trading was linked to a significant asset restructuring involving Haikou Qili Pharmaceutical Co., which occurred between December 2017 and February 2018 [3][4]. - During the sensitive period, Zhang and others executed trades that led to a total loss of approximately 629.95 thousand yuan, with Zhang facing a fine of 600 thousand yuan [4]. Shareholding Structure - As of the end of 2024, Zhang Qinghua directly holds 35.53% of Fangsheng Pharmaceutical's shares, while his controlled company holds an additional 2.08% [5]. Recent Financial Performance - In 2024, Fangsheng Pharmaceutical reported a revenue of 1.777 billion yuan, marking a year-on-year increase of 9.15%, and a net profit of 255 million yuan, up 36.61%. In the first quarter of 2025, the company generated 418 million yuan in revenue, a decrease of 4.6%, but the net profit rose by 25.74% to 88 million yuan [5].
7月6家财务造假公司被判刑
Sou Hu Cai Jing· 2025-08-01 03:19
Core Viewpoint - Liyuan Technology has become the sixth listed company this year to face criminal charges due to financial fraud, highlighting the effectiveness of regulatory measures and the dual punishment system in place for financial misconduct [1][9]. Group 1: Company Overview - Liyuan Technology, established in 1999, specializes in aluminum alloy precision die-casting products and was listed on May 13, 2021 [5]. - The actual controller, Shen Wanzhong, was sentenced to one year in prison, with a probation period of one year and six months, and fined 3.3 million yuan (approximately 0.5 million USD) [2][3]. Group 2: Financial Fraud Details - The financial fraud occurred in 2021, where the company inflated its revenue by 104 million yuan (approximately 15.5 million USD) and profit by 27 million yuan (approximately 4.1 million USD), representing 24.71% and 68.23% of the reported figures, respectively [2][4]. - The fraud was identified within a year, with the Zhejiang Securities Regulatory Bureau issuing a warning letter just five months after the company disclosed its fraudulent 2021 annual report [5][6]. Group 3: Regulatory Response - The regulatory response included both administrative and criminal penalties, with the administrative punishment occurring first, followed by criminal charges against the actual controller [1][9]. - The efficiency of the investigation and the timely discovery of the fraud were key factors in the short duration of the fraudulent activities, which lasted only one year [5][6]. Group 4: Industry Implications - The case of Liyuan Technology serves as a warning to other companies attempting to engage in similar fraudulent activities, as the regulatory environment has become increasingly stringent with a focus on criminal accountability for major offenders [6][9]. - The trend of increasing criminal accountability for financial fraud among listed companies is evident, with several other companies facing similar consequences in July alone [7][8].
7月6家财务造假公司被判刑
21世纪经济报道· 2025-08-01 02:06
Core Viewpoint - Liyuan Technology has become the sixth listed company this year to face criminal charges due to financial fraud, highlighting the effectiveness of regulatory enforcement and accountability measures in the market [1][12]. Summary by Sections Company Announcement - On July 29, Liyuan Technology announced that its actual controller, Shen Wanzhong, was sentenced to one year in prison, with a probation period of one and a half years, and fined 3.3 million yuan for the crime of disclosing important information in violation of regulations [2][3]. Financial Fraud Details - The financial fraud at Liyuan Technology occurred in 2021, where the annual report inflated operating income by 104 million yuan and total profit by 27 million yuan, accounting for 24.71% and 68.23% of the reported figures, respectively [4][9]. Regulatory Actions - The fraud was detected within a year due to timely regulatory oversight. The Zhejiang Securities Regulatory Bureau issued a warning letter just five months after the fraudulent annual report was disclosed, followed by a formal investigation by the China Securities Regulatory Commission (CSRC) [5][7][12]. Criminal Accountability - Shen Wanzhong's sentencing represents the second step in accountability for financial fraud, following administrative penalties imposed by the regulatory authorities. The case reflects a growing trend of criminal accountability for major shareholders and controllers involved in financial misconduct [4][13]. Industry Implications - Liyuan Technology's case serves as a warning to other companies considering similar fraudulent practices, as the regulatory environment is becoming increasingly stringent with a focus on both administrative and criminal penalties for financial fraud [9][13].
假1年就判刑!7月6家“首恶”被判刑,严到骨子里
2 1 Shi Ji Jing Ji Bao Dao· 2025-07-31 08:49
Core Viewpoint - Liyuan Technology has become the sixth listed company this year to face criminal charges due to financial fraud, highlighting the effectiveness of regulatory measures and the dual punishment system in place for financial misconduct [1][10]. Group 1: Company Overview - Liyuan Technology, established in 1999, specializes in aluminum alloy precision die-casting products and was listed on May 13, 2021 [5]. - The company's actual controller, Shen Wanzhong, was sentenced to one year in prison with a probation period of one and a half years and fined 3.3 million yuan for the crime of disclosing important information in violation of regulations [2][3]. Group 2: Financial Fraud Details - The financial fraud at Liyuan Technology occurred in 2021, where the annual report inflated operating income by 104 million yuan and total profit by 27 million yuan, representing 24.71% and 68.23% of the disclosed amounts, respectively [2][5]. - The fraud was identified within a year, with the Zhejiang Securities Regulatory Bureau issuing a warning letter just five months after the company disclosed its fraudulent annual report [1][5]. Group 3: Regulatory Response - The regulatory response to Liyuan Technology's fraud was characterized by swift administrative and criminal penalties, with the administrative punishment occurring first, followed by criminal charges [1][10]. - The efficiency of the investigation and the timely discovery of the fraud were crucial factors in the short duration of the fraudulent activities, which lasted only one year [5][6]. Group 4: Industry Implications - Liyuan Technology's case is part of a broader trend, as it is the sixth company in July alone to face criminal charges for financial misconduct, indicating a tightening regulatory environment [8][9]. - The regulatory authorities are enhancing the connection between administrative investigations and criminal prosecutions, leading to an increase in the proportion of criminal charges against the primary offenders in financial fraud cases [10].
从罚款到坐牢!A股大佬“栽了”,监管绝不手软
2 1 Shi Ji Jing Ji Bao Dao· 2025-07-09 11:32
Core Viewpoint - The recent criminal enforcement actions against executives of Ruiskanda highlight a significant shift in regulatory practices in China's capital markets, emphasizing a trend towards harsher penalties for serious violations, including criminal charges for corporate misconduct [2][3][6]. Group 1: Regulatory Changes - The introduction of the new "National Nine Articles" in April 2024 has led to a notable increase in criminal enforcement actions against listed companies for severe violations [2][7]. - The regulatory framework now emphasizes a "three-punishment linkage" approach, combining administrative, civil, and criminal penalties for serious offenders [3][6]. Group 2: Case of Ruiskanda - Ruiskanda's chairman and a director have been subjected to criminal coercive measures due to allegations of violating disclosure laws, marking a significant escalation from previous administrative penalties [3][5]. - The company was previously fined 7.7 million yuan for inflating its financial performance through fraudulent practices between 2019 and 2020, including a reported revenue inflation of 351 million yuan in 2019 and 281 million yuan in 2020 [4][6]. Group 3: Broader Implications - The trend of criminal penalties for corporate misconduct is becoming more common, with several other companies facing similar actions, indicating a zero-tolerance policy from regulators [6][8]. - The criminal penalties are expected to have a stronger deterrent effect compared to administrative fines, as they can significantly impact the reputation and future opportunities of the offenders [8][10]. Group 4: Recommendations for Future Actions - Experts suggest increasing the severity of criminal penalties, particularly targeting key corporate figures such as controlling shareholders and executives, to ensure accountability [10]. - There is a call for stricter regulations on information disclosure to enhance transparency and protect investors, including the establishment of a credit evaluation system for listed companies [10].
市场监管总局公布第二批市场监管服务型执法典型案例
Yang Shi Wang· 2025-06-30 02:18
Group 1 - The article discusses the implementation of a service-oriented law enforcement model by market regulatory authorities, focusing on prevention, light penalties for minor violations, and strict penalties for serious violations [1] - The model aims to unify discretion and ensure proportional penalties, enhancing political, legal, and social outcomes [1] Group 2 - The case of Shandong Mimeng Intelligent Equipment Co., Ltd. involved the illegal bundling of a paid service with charging fees for electric bicycles, resulting in a total illegal revenue of approximately 105.35 thousand yuan from 1,170,572 transactions [2] - The company voluntarily ceased the default bundling practice and refunded all collected fees, benefiting over 150,000 consumers [3] Group 3 - The case of Qingdao Lilang Wine Co., Ltd. involved the production of sparkling wine labeled with "CHAMPAGNE," leading to the seizure of 129 boxes of infringing products and a fine of 20,000 yuan [4][6] - The enforcement agency provided guidance for the company to apply for its own trademarks, resulting in the successful registration of five trademarks [5][6] Group 4 - The case of a candy stall in Liuzhou, Guangxi, highlighted the importance of compliance with food safety regulations, where the stall was found selling bulk food without a license but was not penalized due to the minor nature of the violation [7][8] - The regulatory body provided educational support and guidance for the stall to obtain the necessary food business license [8] Group 5 - The case in Dazhou, Sichuan, involved a significant crackdown on illegal meat products, leading to the seizure of approximately 8 tons of unlicensed frozen meat valued at around 600,000 yuan [9][10] - The operation resulted in the arrest of 15 suspects and the dismantling of two cold storage warehouses, with the case now in prosecution [9][10]