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三堂会审丨准确认定违规从事营利活动违纪和受贿犯罪
中央纪委国家监委网站 方弈霏 特邀嘉宾 刘严泽 重庆市沙坪坝区纪委监委第五纪检监察室主任 李某某,曾任A市B公司(系A市C区人民政府国有资产监督管理委员会出资成立的国有独资公司)党委书 记、董事长等职。 胡 磊 重庆市沙坪坝区纪委监委案件审理室主任 甘永霞 重庆市沙坪坝区人民检察院检察二部副主任 王志锋 重庆市沙坪坝区人民法院刑事审判庭副庭长 编者按 本案中,李某某利用职务便利,安排下属帮助其胞妹李某与他人合伙承揽其所在国企下属单位的工程项目, 李某实际投资经营后获利125万元,李某某的行为如何定性?经李某转达请托,李某某帮助刘某承揽工程项 目,且明知李某在不实际出资以及参与经营管理情况下获得刘某给予的"利润分红",李某某此行为应如何定 性?李某在李某某帮助下与他人合伙承揽工程项目,真实出资并参与经营,但多获"分红"327万元,是否应计 入李某某的受贿数额?我们特邀相关单位工作人员予以解析。 图为重庆市沙坪坝区纪委监委工作人员进行研讨。谢静逸 摄 基本案情: 违反廉洁纪律。2020年至2022年,李某某利用担任B公司党委书记、董事长的职务便利,安排下属帮助其胞 妹李某与他人合伙承接了B公司下属全资子公司D公司 ...
三堂会审丨出资假象难掩受贿实质
Core Viewpoint - The case involves Wu, a former leader of a state-owned enterprise, who engaged in corrupt practices by investing in a real estate project through relatives and receiving illicit profits, leading to serious disciplinary actions and legal consequences [3][4][10]. Group 1: Background of the Case - Wu served as the Party Secretary and Chairman of A Province Investment Company and Chairman of B Investment Management Company until his resignation in January 2021 [3]. - Wu violated integrity discipline by investing 3.08 million RMB in a real estate project through relatives, earning a total profit of 786,500 RMB from 2019 to 2021, with Wu personally profiting 418,600 RMB [3][4]. Group 2: Corruption Details - Wu and Zhang conspired to receive 10.14 million RMB from D Investment Partnership, manipulating the shareholding structure of B Investment Management Company to benefit themselves [4][5]. - They arranged for Zhang to take out a loan in the name of D Investment Partnership to cover their investment, agreeing to repay the loan with the investment returns, which was deemed a form of bribery [12][15]. Group 3: Legal Proceedings - The investigation into Wu's misconduct began on May 27, 2023, leading to his expulsion from the Party on November 27, 2023, and subsequent criminal charges for bribery [7][8]. - On February 5, 2024, the court sentenced Wu to ten and a half years in prison and imposed a fine of 2 million RMB for his bribery offenses [9]. Group 4: Expert Opinions on Misconduct - Experts argue that Wu's actions constituted a violation of integrity regulations, as he used his position to engage in profit-making activities that conflicted with his official duties [10][11]. - The nature of Wu's investment in the real estate project was scrutinized, with opinions suggesting it was a facade for receiving bribes rather than a legitimate investment [18][19]. Group 5: Implications for State-Owned Enterprises - The case highlights the risks associated with leadership positions in state-owned enterprises, emphasizing the need for strict adherence to integrity and anti-corruption regulations [10][20]. - It serves as a cautionary tale regarding the potential for abuse of power and the importance of transparency in investment activities within state-owned entities [20].