Heavy weight! The first person of bills in North China was arrested and several bank executives were involved in the case

 Heavy weight! The first person of bills in North China was arrested and several bank executives were involved in the case

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Security Bureau, and the fraud case between the staff of Shahe rural commercial bank and Hao Wenqing and others was withdrawn due to the notice of Shahe peoples Procuratorate.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.

Although the criminal case has been revoked, some banks are still appealing for civil litigation over the pending loan contract dispute. Can the bank win this time?

01 crime

Zhang Yongjun, the Secretary of Shahe rural commercial bank, recalled to the 21st century economic reporter that on June 19, 2018, the bank suddenly received a notice from the nearby Pingxiang county court to freeze 15 million yuan in the bank account. The reason is that Wang Lijiang, then the manager of the credit approval department of the bank, borrowed a sum of money from Pingxiang Weiheng commerce and Trade Co., Ltd., and let Shahe rural commercial bank as the guarantor, and sealed the seal of the credit approval department. The loan was not paid when it was due, and the enterprise took Wang Lijiang and the bank to court.

We immediately got Wang Lijiang and asked him to explain the situation. Only then did we know that in addition to the loan from Weiheng trading, he also borrowed three loans from Liangyou trading company of Handan City in the name of a bank, namely 100 million, 20 million and 45 million. In these three contracts, the bank is the borrower, the signature of Wang Lijiang and the seal of credit approval department are stamped on the signature of the bank Zhang Yongjun said.

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.

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.

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, deputy lawyer of the second instance of Shahe rural commercial bank, pointed out in his speech in the court that according to the fund flow provided by Liangyou company, a total of nine loans of 100 million yuan occurred on October 27 and 28, 2016, and none of the money entered the account of Shahe rural commercial bank, and the total amount of the whole flow was 106.90725 million yuan, not 100 million yuan.

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.

As for the authenticity of running water pointed out by Shahe rural commercial bank, Wang Chong, a lawyer representing Liangyou trade, told reporters by telephone that running water is true and effective, and the loan is indeed used for the bridge funds of bank loan holders. But for more details of the case, Wang Chong said the case is still under trial, and does not want to disclose too much content to interfere with justice.

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.

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.

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.

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.

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.

On the dispute between Liangyou trade and Shahe rural commercial bank, Lai Zhenhua, a lawyer of Kingway law firm, after reading the relevant files, pointed out to the reporter of the 21st century economic report that the case may belong to the name borrowing and real protection. For example, a lends money to B, and B asks C to guarantee it. If a is afraid of trouble in the future, he asks C to act as a borrower. In case a cant get back the money, he will directly Sue B and C.

From the local background of relieving the worries and difficulties of enterprises and reducing the banks bad debt rate, the bank really needs the fund for reverse loan. After the money is remitted, the banks loan holders use the money to repay the loan of Shahe rural commercial bank. Although Wang Lijiang sealed the loan contract with the seal of the Department, there were some defects in the procedures, but Shahe rural commercial bank did benefit from the repayment of the money. The loan contract shall be deemed valid. Lai said.

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.

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 enterprise investigation, the fund was invested by Handan ruianda Materials Co., Ltd. (hereinafter referred to as ruianda materials), Beijing Zhongke Hongyun century Materials Co., Ltd., and Handan Congtai district construction investment company, respectively, with a total investment of 300 million yuan, 150 million yuan and 50 million yuan. The equity penetration path shows that Cheng Zhiqiang has become the actual controller of Tianqiao equity fund by controlling Handan ruianda Materials Co., Ltd.

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 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.

Is the bank unjust?

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.

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.

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

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.

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.

After the exposure of Li Bin case, it caused a great shock among banks in Anyang. According to the above-mentioned management personnel, the local rural credit cooperatives are facing greater regulatory pressure when they want to be listed as agricultural commercial banks. In order to reduce the non-performing rate, some employees get up at 5:00 a.m. to collect loans.

05 risk behind reverse loan

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.

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.

In fact, whether the bank intermediary can represent the will of the bank is the key dispute between Hao Wenqing and the bank in the lawsuit.

In the case of Anyang rural commercial bank, Li Bin, the then president, said that he forged the official seal of the branch and signed a loan contract with Zhang Pengli, an associate of Hao Wenqing. The defendant Anyang Rural Commercial Bank held that Li Bin was not the legal representative of the bank and could not sign the contract on behalf of the bank, and the official seal was forged.

According to a lawyer from Dacheng Law Firm, whether the concept of agency by estoppel is applicable to the above cases depends on the situation. The key point of evidence is what kind of cognitive state the opposite party of the contract is in. The lawyer also pointed out that the frequent occurrence of such cases actually implies systemic risks in the banking industry, which should be paid more attention by regulatory authorities.

In February of this year, the financial intermediaries and insurance companies issued an order on the prevention of financial intermediaries and insurance companies from participating in criminal activities.

In the prevention of financial crimes in key areas, the opinions mentioned that it is necessary to strictly prevent illegal and criminal acts in the field of credit business. Banking financial institutions should strengthen credit discipline, focus on acceptance and investigation, evaluation and verification of mortgage and pledge, risk evaluation and approval, contract signing and loan issuance, payment and post loan management, etc., and make scientific formulation and strict implementation On the basis of duty exemption system, we should establish and improve the assessment and accountability mechanism for all operational links of loans. Prevent senior managers from forcing, instructing, hinting, instructing subordinates to overstep their authority and handle business in violation of rules and regulations. To prevent employees and outsiders from conspiring to defraud bank loans by using empty shell subjects and false information. Financial institutions and employees of the banking industry are strictly prohibited from participating in the activities of various bill intermediaries and fund brokers.

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