Feng Lizhi, former deputy director of Fucai Center, was sentenced to 17 yearsimprisonment

 Feng Lizhi, former deputy director of Fucai Center, was sentenced to 17 yearsimprisonment

Feng Lizhis wife said she was frightened when she saw the gold bars sent by the congratulatory message.

But he said frankly that Feng Lizhi disagreed with many things, and he could not do it. Feng has repeatedly expressed his envy for making money.

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After the fall of the horse, Feng Lizhi confessed to the camera: he did not use the power entrusted by the organization in the development of lottery business, but as a tool for his own self-interest...

New progress has been made in the cases of corruption in the lottery system, which has attracted much attention. Red Star News reporter recently learned exclusively that Feng Lizhi, former deputy director of China Welfare Lottery Distribution Management Center, has been sentenced to 17 yearsimprisonment. According to the court, Feng Lizhi received bribes totaling more than 5.85 million yuan; abuse of power caused the loss of more than 160 million yuan of lottery business fees due to the fiscal surrender, resulting in significant losses to national interests.

As the case entered the trial process, the details of the black screen of Fucai corruption were confirmed. Nominally state-owned holding Zhongcai Online Company is actually controlled by its general manager, He Wen, with 60% of the shares.

The revenue of China lottery online company comes from 5% of the total sales fund of Zhongfu Online, that is, open lottery. After the Lottery Regulations were promulgated in 2009, the 5% of the lottery sales funds should be handed over to the special financial account, and the revenue and expenditure management should be carried out on two lines.

But in fact, Feng Lizhi and his supervisor, Bao Xuequan, director of Zhongfu Lottery Center, did not actively promote this matter. Feng Lizhi also contributed to illegal dividend distribution of Zhongfu Online Company. At the same time, Feng asked him to borrow money and laugh at the gold bars.

Feng Lizhis defense lawyer told Red Star News that Feng had not appealed the verdict. At present, the physical condition is not very good. It is the advanced stage of lung cancer.

Appointment of Year of Knowing Fate

Feng Lizhi, 58, was born in Hulan County, Heilongjiang Province. Open resume shows that he worked in September 1976.

In September 2006, Feng Lizhi became Assistant Director and Director of Marketing Department of China Welfare Lottery Issuance and Management Center (hereinafter referred to as Zhongfu Lottery Center). Two years later, he was promoted to deputy director of Zhongfucai Center.

In March 2010, Feng Lizhi was appointed by Zhongfu Lottery Center as chairman of Beijing Zhongcai Online Technology Co., Ltd. (hereinafter referred to as Zhongcai Online Company). At that time, Feng happened to know the destiny of heaven by fifty. Unfortunately, the appointment became the starting point of his future corruption.

It is reported that Zhonglottery Online Company was established in 2002. It is a state-owned high-tech enterprise approved by the Ministry of Civil Affairs, affiliated to China Welfare Lottery Issuance and Management Center, engaged in research and development of video lottery system and related technical services, with registered capital of 100 million yuan.

In terms of revenue, it mainly comes from the Zhongfu Online lottery sales funds. The Interim Provisions on the Management of Funds for Open Lottery Online issued by the Ministry of Finance in 2005 clearly stipulate that the allocation ratio of funds for sale of Open Lottery Online is as follows:

65% as a reward bonus, 20% as a public welfare fund, 15% as a distribution fee.

Among them, the allocation proportion of distribution fees is: 8% as the cost of issuance and maintenance of prefectural and municipal lottery centers, 1% as the cost of issuance and management of provincial lottery centers, and 6% as the cost of issuance and management of Zhongfu lottery centers. The vast majority of the 6% is 5%, which is the issuance fee for the lottery online company, and also the main source of income for the lottery online company.

Before the incident, Feng Lizhi had been transferred to the vice-director of the China Child Welfare and Adoption Center. In November 2018, he was dismissed from the post.

Individual Curve Control of State-owned Enterprises

The shareholders of Zhongcai On-Line Company include: Zhongfu lottery center, Beijing new capital technology (4.180, 0.04, 0.97%) Limited (referred to as silver capital technology company) and Beijing Huayun Zhongxing digital technology (7.320, 0.10, 1.39%) Limited company (referred to as Huayun company) three companies, of which Zhongfu lottery center shares 40%, Yin Du technology company shares 33%, Huayun company shares 27%.

However, the Economic Reference Daily reported earlier that Hewen, the general manager of Zhongcai Online, controlled Yindu Technological Company and Huayun Company, making the company nominally state-owned and actually controlled by Hewens personal curve.

Red Star News reporter learned that in Feng Lizhis case, a director of Zhongfu lottery center C confirmed that He Wen actually owned 60% of the shares of Zhongfu online company.

He recalled that the issuance fee withdrawn by Zhongcai Online Company was determined by the agreement signed by the three shareholders. The company has set up a centralized household in the head office of Agricultural Bank of China (3.740,? 0.01,? 0.27%) and is managed by Zhongcai Online Company, which mainly stores the issuance fee of 6% of sales paid by provincial lottery centers, as well as unrealized bonuses.

Before withdrawing the issue fee every month, the company should report the sales data to the Zhongfu Lottery Center. Only after the approval of the Zhongfu Lottery Center, can the distribution fee of 5% of the total subscribers be delimited to the Zhongfu Lottery Center, and the other 1% to the Zhongfu Lottery Center.

One day in 2010, Feng Lizhi told Hewen in his office that the 5% extraction ratio of Zhongcai Online Company was too high, which aroused social concern. Bao Xuequan asked Feng and He to discuss a landing point plan. However, Feng Lizhi hinted that he took time to talk slowly with the four directors of Zhongfu Lottery Center Market, while letting him prepare his reasons against the drop point.

Lottery regulations are intentionally ignored

The Regulations on the Administration of Lottery Tickets promulgated by the State Council came into effect on July 1, 2009. It stipulates that the business fees of lottery issuing agencies and lottery selling agencies shall be managed on two lines: revenue and expenditure.

The Rules for the Implementation of the Regulations on Lottery Administration, which came into effect on March 1, 2012, further stipulate that welfare lottery issuing agencies are responsible for organizing and managing the sales system data, fund collection and settlement, equipment and technical services, marketing channels and venues planning, printing and logistics, lottery awards, lottery destruction.

That is to say, the management of lottery fund collection should be in the charge of the Zhongfu Lottery Center, not entrusted to others. He explained that the issuance fee of 5% of the open lottery of Zhongfu Online, operated by Zhongfu Online Company, should be paid to the special financial account and the revenue and expenditure should be managed by two lines.

A certain person in charge of Zhongfu lottery center confirmed that after the promulgation of lottery management regulations in 2009, Zhongfu lottery center should collect the funds of Zhongfu online company and implement two lines of revenue and expenditure, but it will have a significant impact on the interests of the message, and the leading group has not made up its mind to do this.

Bao Xuequan, then director of the Zhongfu Lottery Center, also admitted that he had not actively promoted the work, causing great losses to national interests.

Not only has the right of fund collection management not been recovered, but also the right of data collection management stipulated in the implementation rules has not been recovered from the lottery online company. The relevant technical director of Zhongfu lottery center confirmed that it was not until 2016 that the Ministry of Finance ordered Zhongfu Online Company to rectify, that attention was paid to actively promote the recovery of data management rights.

The former deputy director of Zhongfu lottery center B recalled that Feng Lizhi said that Zhongfu lottery online company is a special company and belongs to the company of Zhongfu lottery center. There is no essential difference between their management of funds and data and the management of Zhongfu lottery center itself.

Three consecutive years of illegal dividend distribution

Bao Xuequan said that the national interests have suffered significant losses, which means that the lottery online company not only failed to implement the 5% issuance fee of Zhongfu online open lottery according to revenue and expenditure, but also took part of it as profit dividend, which violated the provisions of the Lottery Management Regulations.

During Feng Lizhis tenure as a director, Zhongcai Online Company paid three dividends to its shareholders for three consecutive years. According to Beijing Zhongcai Online Technology Co., Ltd., the dividend-sharing ratio in 2010 was 25%, in 2011 was 28%, and in 2012 was 28%, all of which were decided by Feng Lizhis report to the leading team of Zhongfucai Lottery Center.

He described that Feng Lizhi did not implement the regulations and implementation rules, nor did he prevent his dividend proposal. Instead, he continued to provide help and support his dividend proposal under the transmission of his interests, thus forming a resolution of the board of directors of Zhongcai Online Company, and took the resolution to the leadership meeting of Zhongfu Lottery Center to study, finally enabling the implementation of the illegal resolution.

He Wen acknowledged that without the help of Feng Lizhi, the scheme of early dividend distribution and increasing the proportion of dividend distribution could not be successfully adopted at the meeting of the leading group of Zhongfu Lottery Center.

According to the courts judgment, from 2010 to 2013, Feng Lizhi knew that the lottery business fees extracted by the lottery online company should be paid to the finance, but violated the regulations of lottery management, agreed to the lottery online companys profit distribution plan for 2010 to 2012, and decided to submit it to the leadership of the lottery center for research and approval, resulting in the loss of more than 160 million yuan of the lottery business fees due to the finance.

At the same time of service, Feng Lizhi also has demand. Feng Lizhi said that he received a huge dividend every year. He did not come to see him on New Years Day. His heart was unbalanced, so he asked him for money in the name of it.

The wife was frightened when she saw the bribe of gold bars.

Feng Lizhis crime was concentrated between 2010 and 2013. The first time he asked him to borrow money was in the second half of 2010 or in the first half of 2011. Fengs memory was blurred, but he remembered borrowing 3 million yuan from him at that time.

He Wen recalled that one day in 2010, Feng Lizhi came to his office and said that he would buy a house in the South Fourth Ring Road and borrow money from him. A month later, he collected 1.35 million yuan in cash, packed it in a large suitcase, and gave it to Feng Lizhi in his office. But the money was used by Feng Lizhi to buy stocks, daily expenses and lend to others.

In the second half of 2011, Feng Lizhi once again opened his mouth to Hewen, Want to buy a house near the Bei4th Ring unit, offered to borrow money from me and ask for cash. He said that he could not raise so much cash, so he transferred 3 million yuan to Feng Lizhis designated account through relatives and friends in Hong Kong.

In addition to receiving cash, Feng Lizhi also received two gold bars from his congratulatory message. Fengs wife was impressed by the fact that the Zhongfu Caicai Center held its annual meeting at Holiday Inn Central before the Spring Festival of 2011. At five or six oclock in the afternoon, before dinner, he Wen told her, Sister-in-law, its New Years Day soon. I brought something and put it in Director Fengs car.

He Wen gave me a paper bag and I put it in the trunk of the car. The next night, Feng Lizhi opened the paper bag to me and showed me two gold bars. I was frightened and asked him to return the gold bars to others as soon as possible. Fengs wife recalled that Feng Lizhi said that he would go back to his unit to see if he had sent greetings to the leaders of the Zhongfu Lottery Center, he would not be able to do so, and then put away the gold bars.

It is reported that the gold bars collected by Feng Lizhi were purchased by Yindu Science and Technology Company, weighing 1,000 grams each and costing 320,500 yuan.

Help businesswomen coordinate the settlement of arrears

In addition to the bribes of greetings, Feng Lizhi also accepted the bribes of Liu Ting, the chairman of the board of directors of Huacai Company and the actual controller of Tianyi Company.

The court found that Feng Lizhi accepted Liu Tings entrustment, which helped Tianyi Company to recover the contract payment payable by Zhongyi Online Company in time, to continue to cooperate with Zhongyi Online Company and not to reduce the proportion of Tianyi Companys proposals.

In 2006, Tianyi and Zhongcai Online signed a 10-year contract for the use of terminals. In the same year, 50% of Tianyis equity was transferred to Huacai. Around 2010, he refused to sign and delayed payment of Tianyis usage fee, which made Liu Ting difficult. Later, Feng Lizhi found a message asking him not to default on Tianyis usage fee.

Liu Ting said that Tianyi Company, which she controls, provides the services of supplying and maintaining Zhongfu Onlines video lottery terminals to China Lottery Online. She is in deep contradiction with the message. He often suppresses Tianyi Company and sets up obstacles and defaults on contract payments. Before Feng Lizhi became chairman, Zhongcai Online delayed payment to Tianyi for two or three months. Afterwards, with Fengs help, Zhongcai Online basically paid the contract money in time according to the contract.

In addition, in early 2012, Zhongcai online company negotiated with Tianyi company on the issue of raising points. Liu Ting asked Feng Lizhi to do the greeting work. Finally, the service fee paid by Zhongcai online company to Tianyi company was changed from 2% to 1.7%, and the maintenance work was changed to Zhongcai online company.

In 2010, 100,000 yuan was given once; in 2011, 200,000 yuan was given twice; in 2012, 500,000 yuan was given four times; in 2013, Feng Lizhi was transferred to the Childrens Adoption Center, and after dinner, she handed over the handbag containing 60,000 yuan of cash and tea to Feng Lizhi. Liu Ting recalled that in order to have a good relationship with Feng Lizhi and thank him for his help and support, she had sent him 860,000 yuan in cash eight times.

Lawyers were refuted for seeking a lighter sentence for Fengs cancer

It is reported that Feng Lizhi had no objection to the facts and charges of the indictment during the trial. His defense attorney argued that Fengs acceptance of greeting money did not involve bribery claims.

In its judgment, the court explained in detail why the defense opinion was not accepted.

After investigation, first of all, the two greetings to Feng Lizhi totaled 4.35 million yuan, which were all requested by Feng Lizhi in the name of it. Although Feng borrowed money on the grounds of buying a house, he did not issue a debit note, nor did the two sides agree on interest and repayment time.

Secondly, Feng Lizhi and He Wen have known each other for a long time, and the borrowing time is precisely between 2010 and 2011, when Feng was also the chairman of Zhongcai Online Company.

Thirdly, from the point of view of money, the existing evidence can not confirm that Feng Lizhi used the money he gave to buy a house. Borrowing money to buy a house is only an excuse for Feng Lizhi to ask for money from him.

Fourthly, the congratulatory message confirms that Feng Lizhi never said anything about returning money. Although Feng Lizhi confessed in court that he wanted to return money to him, he handed the money to Feng Lizhi until the case happened. It lasted seven or eight years, and Feng Lizhi did not return the money mentioned above. During this period, Feng Lizhi paid attention to the collection and management of funds and dividends of Zhongcai Online Company. The essence of Feng Lizhis statement was to borrow money as a loan. The name asks for money from the greeting, which has the characteristics of asking for bribes.

Feng Lizhis lawyer said that Feng was a first-time offender who confessed the facts of the crime truthfully, confessed guilt in court and actively returned all bribes, and could be given a lighter punishment as appropriate. In this regard, the court has found out the facts and adopted them.

Defense lawyers also said that Feng suffered from a serious illness (advanced lung cancer) and suggested that the court should give him a lighter punishment and apply temporary execution outside prison. However, the court said that, after investigation, the criminal law did not stipulate that serious illness can be punished lightly, and the defenders opinions on this section have no legal basis; whether to apply temporary execution outside prison is the execution procedure after the judgment came into effect, which is not the scope of the judgment in this case.

Being detained for only half a day explained the problem.

On November 9, 2018, the website of the National Commission for Discipline Inspection of the Central Commission for Discipline Inspection published an article entitled Restraining and Emphasizing both the Causes and the Patterns and Reconstructing the Public Credit of Lucky Lottery - Discipline Inspection and Supervision Team of the Ministry of Civil Affairs promotes the formation of a good political ecology from typical cases.

The article mentioned that Feng Lizhi had been given the opportunity by the Party Group of the Ministry of Civil Affairs and the Discipline Inspection and Supervision Group of the Ministry of Civil Affairs before he was examined and investigated. But from Bao Xuequan, Wang Yunge to Wang Suying, Feng Lizhi remained indifferent and had no intention of repentance. After being detained, only half a day later, he explained his violation of discipline and law.

Red Star News reporters learned that under the circumstances of preliminary mastery of Feng Lizhis criminal facts, the discipline inspection team of the Chinese Discipline Commission in the Ministry of Civil Affairs assisted in bringing Feng Lizhi to the Beijing Municipal Supervision Committee for investigation, and Feng Lizhi truthfully explained the criminal facts.

On October 31, 2018, the Beijing Municipal Supervision Committee filed an investigation into Feng Lizhis suspected bribery and abuse of power. On the same day, Feng Lizhi was detained.

Before Feng Lizhis fall, Bao Xuequan, former director of Zhongfu Caicai Center, Wang Yunge, and Wang Suying, former director, were investigated successively.

According to the above-mentioned article on the website of the State Supervisory Committee of the Central Discipline Commission, the leading group of the Zhongfu Lottery Center violated the Regulations on Lottery Management and collectively studied and agreed to the annual dividend distribution of the Zhongfu Lottery Online Company, which resulted in huge losses of state-owned assets. Fourteen of the responsible personnel were seriously accountable. Of them, 12 were filed for examination, and two were admonished and encouraged.

In addition, the Zhongfu Lottery Center has achieved effective control over the company, and has withdrawn the rights of Zhongfu Online Video Lottery issuance and sales data management, cash award management and fund collection management. Substantive progress has been made in the equity rectification of the company.

Source: Red Star News Responsible Editor: Li Hang_BJS 4645