In 2018, Shahe rural commercial bank, Henan Anyang Shangdu rural commercial bank and Anyang Xiangzhou rural commercial bank reported a case to the local public security bureau, alleging that Hao Wenqing, who engaged in private lending business, conspired with the banks internal staff to defraud the bank in the form of false litigation. After that, Hao Wenqing and others were detained by Shahe Public Security Bureau for fraud and were released on bail.
On July 3, 2020, Shahe Rural Commercial Bank received the withdrawal decision issued by the Public Security Bureau, and the fraud case between the staff of Shahe rural commercial bank and Hao Wenqing and others was withdrawn due to the notice of Shahe peoples Procuratorate. Shahe City procuratorate believed that Hao Wenqings fraud was not found in the investigation process.
Shahe Rural Commercial Bank (hereinafter referred to as Shahe rural commercial bank) is located in Shahe, a county-level city subordinate to Xingtai City, Hebei Province. It is the first commercial bank in local reserve and loan volume.
To his surprise, Liangyou trading company sued Shahe rural commercial bank in Handan intermediate peoples court a month ago, but the summons failed to reach the bank in time.
Shahe rural commercial bank immediately reported the case to Shahe Public Security Bureau, and Wang Lijiang voluntarily surrendered. The public security bureau put Wang Lijiang on file for investigation on the charges of contract fraud, high interest loan transfer and illegal issuance of financial bills.
Coincidentally, on June 6 of the same year, a similar case occurred between Xiangzhou agricultural commercial bank and Anyang Shangdu agricultural commercial bank, which is not far from Shahe in Henan Province. Zhang Bin and Li Peng signed a loan contract of RMB 26 million, which were signed by the bank president and Zhang Peng respectively.
A few months later, Shahe sub branch of China Construction Bank (hereinafter referred to as Shahe CCB) also reported to Shahe Public Security Bureau, saying that from December 9, 2015 to July 26, 2016, Shahe CCB president Wang BAOYING signed 21 loan contracts with Hao Wenqing, who is engaged in private lending business, and sealed the special financial seal of Shahe Construction Bank. Before that, Hao Wenqing filed a lawsuit with Congtai District Court of Handan City, asking Shahe Construction Bank to undertake joint and several repayment guarantee liability, involving the principal and interest as high as 170 million yuan.
It is worth noting that Hao Wenqing, the lender in the Shahe CCB case, is the actual controller of Liangyou commerce, who lent funds to Shahe rural commercial bank, while Zhang Pengli, the management party in Anyang rural commercial bank case, is Hao Wenqings driver. According to Hao Wenqing, bank loans are used as emergency funds for bridge loans.
So far, Hao Wenqing and his related persons and affiliated companies initiated a series of loan contract disputes involving banks.
According to judicial document website, according to the incomplete statistics of 21st century economic report reporters, since 2015, Hao Wenqing and his related persons and affiliated companies have successively sued more than ten banks in Anyang, Henan, Xingtai, Handan and other places in Hebei Province. The number of cases has reached 43, and the total capital involved in the case is about 700 million yuan. Except for the cases that Hao Wenqing withdrew the lawsuit voluntarily, the bank lost all the remaining cases that have been tried.
The above 43 cases mainly occurred in Anyang, Henan, Xingtai and Handan. Most of the cases are related to bridge loans. In the early cases, the bank was considered to play the role of guarantor. After the actual borrowing enterprise could not repay the loan normally, it would bear the joint and several liability for repayment. In the later cases, Hao Wenqing no longer directly carried out capital bridge for the enterprise, but borrowed the money to the bank, resulting in disputes.
In addition to Shahe rural commercial bank, Anyang Xiangzhou rural commercial bank and Anyang Shangdu rural commercial bank, China Construction Bank, Bank of China, Agricultural Bank of China, Minsheng Bank and Hengfeng bank were also involved.
Debate on the true and false contract
Most of the 43 cases have been concluded. The two cases of Shahe rural commercial bank were tried in the second instance. Hebei Higher Peoples court held that the basic facts of the original judgment were not clear, and ordered to send them back to Handan intermediate peoples court for retrial.
Shahe rural commercial bank failed in the first instance in two cases of trade with Liangyou. Handan intermediate court ruled that Shahe rural commercial bank should repay the principal of 165 million yuan, and pay the interest according to 1.86% and 2% of the monthly interest, the total principal and interest is about 250 million yuan.
The bank itself is not short of money. How can it borrow money from individuals. Even if a bank needs working capital, it can be obtained through interbank lending. Banks dont make sense as borrowers. Zhang Yongjun, the Secretary of Shahe rural commercial bank, believes that the two loans are not simple private loan disputes, involving routine loans and false litigation.
According to the judgment of the first instance, in the trial of the 100 million yuan principal case, Shahe rural commercial bank pointed out in its defense that the 100 million yuan loan contract provided by Liangyou trading company was false. First, there was no official seal on the contract which could represent the bank, only the internal seal of the credit approval department, which had no legal effect.
On the other hand, according to the contract, both parties agreed that Liangyou company would directly transfer the funds to eight accounts designated by the bank. Among the 8 payees involved in the case, 3 are not loan holders of ABC, 2 are not involved in repayment, 1 has not paid off the debts of Shahe agricultural commercial bank after collection, and the remaining 2 are loans coordinated by Wang Lijiang for other units, and the loans have been paid off.
Liu Jinhui said in the court that Shahe public security bureau clearly indicated that a recording was found in Hao Wenqings mobile phone when reporting the case to the Xingtai municipal political and legal commission. In the telephone recording between Hao Wenqing and Wang Lijiang on April 28, 2018, Hao Wenqing repeatedly asked Wang Lijiang: are all the eight households mentioned in your article all loan holders of agricultural commercial banks? If the eight families dont pay back their loans, well take them out and rewrite one. Where is the one hundred million in front? Which loan have you paid back? Which one is not that we picked it out in advance.
Liu Jinhui believes that this recording is enough to prove that Wang Lijiang and Hao Wenqing jointly fabricated bank flow, formed a closed loop of evidence chain, and realized the purpose of illegal possession by means of civil litigation. In this case, the borrowers loan contract has never been established, let alone performed. From the perspective of malicious collusion between Hao Wenqing and Wang Lijiang to damage the interests of the third party, it is also an invalid contract.
It is worth noting that in the second instance of the case, Liangyou trade changed the facts upheld in the first instance in court, saying that 89.76 million yuan out of 100 million yuan was accumulated in the two years before October 27, 2016, and admitted that it had received more than 40 million interest, but still insisted that it was a bank loan. However, Shahe agricultural and commercial bank believes that Liangyou company changed the important facts of the first instance and did not submit any evidence for the new facts, which has been suspected of false litigation and constituted a crime.
Zhang Yongjun told reporters that for the 20 million and 45 million loan contract, the police found another version in the previous investigation. In this version of the contract, the borrower is not Shahe Agricultural Bank, but the actual payee - Shahe Shengji technology company and Shahe Kaixing trading company.
In this regard, Shahe rural commercial bank believes that Liangyou trade and Wang Lijiang are suspected of fabricating a loan contract with Shahe Rural Commercial Bank of the same amount in order to transfer the capital risk.
As the Construction Bank of Shahe, the agricultural and Commercial Bank of Shahe and the Bank of China in Shahe successively won the bidding, many banks within the jurisdiction reported to the public security organs, with a large amount of money involved. In November 2019, Xingtai municipal political and Legal Commission convened the public security organs to hold a coordination meeting, and all banks participated in the audit.
According to Zhang Yongjuns recollection, at that time, some people put forward a view at the coordination meeting that the above-mentioned case was not a simple loan dispute. Hao Wenqing was suspected of colluding with people inside and outside the bank to form a conspiracy and set up a routine bank.
According to a material provided by Liu Jinhui, on November 13, 2019, the Hebei Banking Association submitted a Reflection on the transfer of capital risk to banking institutions by professional lenders in the form of false litigation to the Hebei Higher Peoples court.
The association of banking industry pointed out that many member banks have continuously reported that professional lenders, in the name of bridge funds, have obtained a successful judgment by hunting bank executives in the name of bridge funds, and illegally obtained bank assets with judicial credibility by using court trial habits.
Liu Jinhui believes that Hao Wenqing has formed a set of mature business model by jointly lending with problem employees of the bank. Hao Wenqing first lured bank executives who were familiar with the companys capital status to provide bridge loans for enterprises with high interest margin. In the loan contract, Hao Wenqing asked these problem employees to provide guarantee in the name of the bank, or even borrow money from them. If the bank staff can not repay, the risk will be transferred to the bank, and the bank is required to bear the responsibility of repayment.
In the case of Shahe rural commercial bank, Wang Lijiang was the manager of the credit approval department of Shahe rural commercial bank at the time of the case. He was particularly clear about which enterprise was short of money and which enterprise loan was about to be overdue.
According to local people, in addition to his identity as a bank, Wang Lijiang has also been engaged in private lending for many years. He has a lively mind and a strong sense of justice. When enterprises need help, he can always help.
Zhang Yongjun said that he and the bank are not clear, how Hao Wenqing and Wang Lijiang are leading the line, and what kind of plans have been made between them. However, it is clear that the loan contract between Hao Wenqing and the agricultural commercial bank is false.
Shahe rural commercial bank also pointed out that another major unreasonable part of the contract is the high interest rate. The contract of 100 million yuan loan between Shahe rural commercial bank and Liangyou trade agreed that the monthly interest rate was 1.86%, equivalent to 22.32% of the annual interest; in the other two loans totaling 65 million yuan, the contract showed that the daily interest rate was 1.5 u2030, equivalent to more than 54% of the annual interest.
However, some people in the industry pointed out that due to the short use time of funds, the bridge loan has a higher daily or monthly interest rate, so it is not reasonable to convert the interest into adult interest.
Banks have no obligation to do bridge loans for enterprises. Zhang Yongjun stressed that if an enterprise is overdue, there are many ways for the bank to deal with it. It can strengthen the collection, ask for the guarantee, or sue, and extend the term to the enterprise. He believes that the banks usury from the private sector is logically untenable.
As for whether Wang Lijiang and Hao Wenqing constitute a conspiracy, Wang Lijiangs lawyer refused the reporters interview request.
However, Lai Zhenhua also believes that there are some problems in the case that are difficult to explain clearly. The bank borrows money and asks people to return the money to themselves. After all, after all, the loan customers debt has been paid off, but the bank has an extra debt. Therefore, whether the bank borrowed money from Liangyou company or whether the loan client borrowed money from Liangyou company (the loan was actually guaranteed by Shahe agricultural commercial bank). After investigation by the public security organ and the acquisition of new evidence, the case may change.
At present, the case of Wang Lijiang suspected of contract fraud, high interest loan transfer and illegal issuance of financial bills is still pending trial. However, the investigation of Hao Wenqing and others suspected of fraud in litigation was stopped.
The cancellation of criminal cases will certainly have a bad impact on our subsequent civil litigation. A large amount of evidence found in public security investigation can not be presented. Zhang said it was bad news for them.
At the beginning of April this year, Shahe municipal procuratorate supervised the public security organs not to file a case, and asked the public security bureau to provide reasons for filing Hao Wenqings case. In early June, Shahe City procuratorate decided to withdraw the case according to the report provided by the Public Security Bureau, on the ground that Hao Wenqing had not been found to have cheated. That month, the public security organs applied for reconsideration, and Shahe procuratorate still gave the result of withdrawing the case. Shahe City Public Security applied to Xingtai City procuratorate for review. At the beginning of July, Xingtai City procuratorate informed to maintain Shahe Procuratorates decision to cancel the case.
People who help banks to reverse loans
Born in 1960, Hao Wenqing was born in Wuan, Hebei Province. In his early years, he made a fortune by doing bill business, and established a certain prestige among his local counterparts. He was called the first person of bills in North China.
The WeChat official account of a banks acceptance bill is mentioned in the article of the Hebei bills Union. Hao Wenqing Hao Zong is not only a model for the Hebei bills industry, but also a model for integrity in the national paper industry. It is the pride of Hebei. There are 18 people sent to prison by Hao Zong.
On September 1, 2018, Hebei bills union was established, with Hao Wenqing as honorary president.
It is not clear when Hao Wenqing, who is good at accepting bills of exchange, set foot in the banks reverse loan business at present. However, from the perspective of litigation time, Hao Wenqings earliest lawsuit against bank loan dispute occurred in 2015, and the defendant was Minsheng Bank Handan branch and other enterprises.
The 21st century economic reporter noticed that among the lawsuits initiated by Hao Wenqing and his affiliated companies and individuals, 14 plaintiffs were Handan Tianqiao equity investment fund. This is a fund set up under the guidance of Handan government, which was established in 2015.
According to a report in Handan daily in January 2016, the downward pressure on the economy increased in 2015, and some enterprises had difficulties in capital turnover. In order to coordinate more funds to provide help for enterprises, Handan Municipal government established the Jinqiao assistance action, which established nine assistance funds, including Tianqiao equity investment fund, with 30 million yuan of financial guidance funds and government credibility. According to the article, the Handan governments move aims to absorb private capital, provide short-term working capital for enterprises in the form of short-term investment, and stipulate that the monthly interest rate of loans shall not be higher than 1.85%.
According to a document presented to reporters by Liu Jinhui, a lawyer of Shahe rural commercial bank, the public security department found a written material in Hao Wenqings home. The content was the agreement between Cheng Zhiqiang and Hao Wenqing that ruianda materials only registered the company in the name of Cheng Zhiqiang, and its capital contribution and actual operation had nothing to do with it. Hao Wenqing was the actual controller of the company. The other beneficiary of Tianqiao equity fund is Hao Guoqing, who is one of Hao Wenqings brothers.
In other words, Hao Wenqing is also behind Tianqiao equity investment fund. From 2017 to 2019, Tianqiao equity fund participated in the short-term capital turnover of a number of enterprises. After the bank made the loan renewal commitment, it provided bridge funds to the enterprises that were about to overdue loans, and completed the re lending process of borrowing new and returning the old.
Perhaps it was through this opportunity that Hao Wenqing found a large demand for bridge loans in the capital market, and found out the rules in each link. He began to frequently enter the bridge loan market, and extended his business from Handan to Xingtai, Anyang and other places.
Hao Wenqing registered a large number of affiliated companies through relatives and friends. Song kuixiu, the legal representative of Liangyou trade, and other persons in charge of the company who initiated a lawsuit against the bank have similar written agreements with Hao Wenqing to ensure Hao Wenqings actual control over the company.
According to the incomplete statistics of 21st century economic report, Hao Wenqing and his related parties have voluntarily withdrawn 21 cases since 2017, including 20 cases against Shahe Construction Bank in the same period, and the reasons for withdrawal are unknown.
According to Liu Jinhuis analysis, this move is likely to avoid multi line operations, and it is also a technical treatment to prevent being identified as a professional lender. For dozens of cases, the case acceptance fee alone is as high as one million yuan. Without a certain deep-seated reason, Hao Wenqing would not give up so easily.
There are many standards for the identification of professional lenders, one of which clearly states that in the same year, the same or related plaintiff involves more than 10 private loan cases in the same basic court civil litigation, or more than 15 private lending cases involved in the civil litigation of the same intermediate court and the primary court in the jurisdiction can be identified as a professional lender.
The 21st century economic reporter visited the registration places of Liangyou trade, Tianqiao equity fund and ruianda materials in early July, but they did not see any of the above companies. On the door of the office where Liangyou trade is located, there is also a notice on the property fee of the building in 2020. The building property staff told reporters that they had never seen anyone working there. Last year, many people who claimed to have debt disputes came to find the person in charge of Liangyou trade. In the office of ruianda materials, the reporter heard a similar answer. The property also said that no one had worked for a long time. It was revealed that Fengfeng Mining District Court, subordinate to Handan City, had visited in mid June to find the person in charge of the company.
Handan Liangyou company door posted a notice to urge the payment of property fees.
In similar cases, the bank without exception said that the loan contract is the banks internal personnels personal loan, without the banks approval. As for whether the bank is aware of the situation, both sides hold their own opinions and seem to be trapped in the luoshengmen.
Zhang Yongjun repeatedly said in the interview that the bank had no knowledge of Wang Lijiangs lending behavior by taking advantage of his position and had never heard of Hao Wenqings name before the crime.
Hao Wenqing, on the other hand, produced a number of phone calls and SMS records in the court to prove that the bank had already known about the loan situation. One of the evidences shows that in March 2018, Hao Wenqing sent a short message to Yang Jingchun, the then chairman of Shahe agricultural Commercial Bank: Im Hao Wenqing from Handan, a good friend of secretary qu. you owe me too much money. Im really in a hurry. Please think of a way to repay it as soon as possible. But Yang did not reply.
Before the crime, did Yang Jingchun know about the loan of Wang Lijiang and Hao Wenqing? The reporter could not get a reply from Yang Jingchun.
Some local people in Shahe also provided a view to the reporter, and speculated that there might be cooperation between Yang Jingchun and Wang Lijiang: after Wang Lijiang was taken away by the public security organs for investigation, his family once went to the house of Yang Jingchun, the then chairman of Shahe agricultural commercial bank, and accused Yang Jingchun of not fighting righteousness..
21st century economic reporter noticed that many banks involved in the case were punished. On December 11, 2018, the website of CBRC showed that Xingtai CBRC had punished many people, Wang Lijiang was prohibited from engaging in banking for life due to contract fraud; Yang Jingchun was directly responsible for the lack of internal management and serious violation of prudent business rules, and he was disqualified for three years, warned and fined 100000 yuan. Shahe agricultural and Commercial Bank of China was fined 500000 yuan for its poor internal management and serious violation of prudent operation rules.
In January 2019, the banking regulatory Branch Bureau of Anyang, Henan also announced the relevant penalties, including the fine of 400000 yuan for Henan Anyang Shangdu agricultural and commercial bank due to the poor implementation of internal control system, the formation of major operational risks and illegal concealment cases. Henan Anyang commercial city farmer luggage bin directly carried out the illegal act of engraving official seal and participating in private lending, cancelled the qualification of lifelong senior management personnel, and prohibited lifelong banking work. Another two executives were banned for life, and one was disqualified from being a lifelong senior manager.
Some people believe that in such cases, banks are not worthy of sympathy, and the above cases just exposed the failure of internal risk control and management confusion. The relaxation of loan approval and capital flow supervision has led to the rise of non-performing loan rate. The red line high pressure of non-performing loan rate has prompted some relevant responsible persons in banks to take risks and help enterprises to reverse loans in violation of regulations. Even if the banks do not know, they also become beneficiaries. In another possibility, the high interest rate spread also makes many people excited. Bridge loan has become a hotbed for bank employees to seek rent. This kind of risk detonated in succession is almost one link after another. There is a lack of internal supervision in every key node, so banks can not escape the responsibility.
A senior manager of a bank in Anyang City told the 21st century economic report that the situation that the banks internal personnel help enterprises to connect with bridge loans is very common in some local banks. Reverse lending itself is not compliant within the bank. Many banks are forbidden by law. However, some rural commercial banks reverse loans, on the one hand, in order to reduce the non-performing loan rate, on the other hand, to obtain some high interest rates
The manager told reporters that recently, local financial supervision has made more efforts to rectify bad debts and bad debts, and the red line of non-performing loan ratio of all banks is strictly controlled. From the perspective of CBRC, if the non-performing rate exceeds 3%, some measures will be taken. Banks that exceed the limit of authority will be reduced in loan business, or even shut down loans. Every bad and bad debt should have a responsible person, from the credit officer to the credit approval personnel should be punished.
She said that the county-level banks had not strictly enforced the non-performing loan ratio requirements before, and the rural commercial banks were the high-risk places for non-performing loans. The requirement of loan process is not very strict, and the supervision of capital flow and fund use is not in place, which is an important reason to promote the non-performing rate.
The 21st century economic report reporter learned from many sources that Shahe rural commercial bank was also faced with the pressure of non-performing loan ratio at the time of Wang Lijiangs case, and was once reduced by the superior authorities. According to another saying, it was precisely because of the bad rate that the then Chairman Yang Jingchun was unable to retire at retirement age.
Shahe rural commercial bank has pointed out that the overdue loans can be solved by extension, and the bridge loan is not the only way.
A person familiar with the banks credit business told the reporter that in actual operation, the proportion of really successful extension is very small. The extension needs to be approved before the expiration of the time limit, and the borrowing enterprise needs to give sufficient and reasonable reasons, and then report to the municipal branch or even the provincial branch for layer by layer approval, which is difficult to operate. Because of the active private capital, bridge loans are easier to achieve, and many full-time usury people are also focused on this market, which has brought a lot of hidden dangers.
If the loan is still not paid after the end of the rollover, the bank will be more responsible, and the bank is not willing to take such a risk. The management personnel of a bank in Anyang mentioned above.
Shahe rural commercial bank also experienced a round of internal management upgrading. Zhang Yongjun introduced that in order to eliminate the private seal, the official seal storage system has changed from the Department Managers custody to the Office unified custody. Another bank manager told reporters that in order to prevent further mistakes in the use of the seal, the bank internal regulations require that the application for the seal should be reported in advance, and that two people should be present at the same time in the process of stamping, which should be carried out under monitoring.
05 risk behind reverse loan
If the high-risk industry does not follow the process, it will face greater risks and responsibilities, which will bring more troubles in the follow-up. The manager of a bank in Anyang said that this kind of case happened.
It is not the tacit consent of the bank to coordinate the inter enterprise loan of bridge funds within the bank, but it can be regarded as a blind eye. According to a senior banker, in the process of bridge loan, the borrower returns the bank loan with the bridge fund, and then repays the bridge loan after the new loan is issued. Among them, the biggest risk comes from the banks loan withdrawal. Therefore, before borrowing, the lender often asks the bank to give the renewal commitment. In a sense, the intermediary of a bank makes a credit endorsement in the name of the bank.
In the judgment on the loan contract dispute between Tianqiao equity fund and Handan branch of Bank of China, the court held that although Handan branch of Bank of China was not the counterpart of the loan contract, it issued a letter of commitment to the plaintiff, which guaranteed that the defendant Deqi company would be granted a loan of 13 million yuan, and the loan would be returned directly to the plaintiff. The letter of commitment obviously has the nature of joint guarantee, which should be regarded as the guarantee made by Handan branch of Bank of China.
The above-mentioned bank insiders told reporters that in order to avoid risks, banks rarely issue written guarantees, which are generally oral commitments. It is even more rare for banks to sign contracts directly as borrowers.
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