On March 19, the first deputy director of Hainan Provincial Peoples Procuratorate and the former deputy peoples Procuratorate of Hainan Province submitted a case of fraud to Hainan Provincial Peoples Procuratorate.
Zhang Jiahui was previously investigated for being reported.
In March 16th this year, the Danzhou peoples Procuratorate approved arrest for Zhang Jiahuis ex husband and criminal suspect Liu Yuansheng on suspicion of forging a company seal and false lawsuit.
Zhang Jiahui was born in March 1965 in Chongqing, with a postgraduate degree, a doctor of law, and an associate researcher. She has served successively as a member of the judicial committee of the intermediate peoples Court of the Yangpu Economic Development Zone, vice president and chief judge of the civil trial division, vice president of the trial supervision division of the Provincial High Court (at the division level), member of the judicial committee and chief judge of the first civil trial court of the Yangpu Economic Development Zone. Since 2012, she has been vice president of the Hainan Provincial High Court.
In April last year, Zhang Jiahui was involved in a blackmail case. Her and Liu Yuanshengs daily words and deeds were secretly recorded into audio and video by a man and threatened to publish them on the Internet for money. Zhang Jiahuis husband transferred 500000 yuan to the man in question three times, and then chose to report the case to the police.
At that time, some media reported that the total assets of these enterprises behind Zhang Jiahui and Liu Yuansheng were conservatively estimated to be at least 20 billion yuan.
On May 14 last year, the Hainan Provincial Higher Peoples Court published a message saying that the Party group of the Hainan Provincial Peoples court held a meeting to firmly support the decision of the provincial Party committee, support and cooperate with the investigation group to find out the facts and respond to social concerns.
On May 31, last year, it was officially announced that Zhang Jiahui, vice president of Hainan Higher Peoples court, was investigated by the provincial Commission for Discipline Inspection and supervision, and that Liu Yuansheng, the actual controller of Hainan dinas Investment Co., Ltd., was suspected of committing a crime and was investigated by the public security organs.
On the afternoon of the day when Zhang Jiahui was investigated, Chen Fengchao, Secretary of the Party group and President of Hainan Provincial High Court, presided over a party group meeting. The meeting pointed out that it firmly supports the decision of Zhang Jiahui, vice president of the provincial peoples court, to accept the examination and investigation by the provincial Commission for Discipline Inspection and supervision for his suspected serious violation of discipline and law, and will continue to cooperate with the joint investigation group of the provincial political and legal Commission in accordance with the law and discipline in the investigation of the problems involving Comrade zhangjiahui reflected on the Internet.
On November 29, last year, with the approval of Hainan provincial Party committee, Hainan Provincial Discipline Inspection Commission gave Zhang Jiahui the punishment of expelling from the party, and the provincial supervision commission gave Zhang Jiahui the punishment of dismissal from public service, and transferred the suspected criminal issues to the procuratorial organs for examination and prosecution.
For the problems reflected in the network, the joint investigation team conducted in-depth investigation, retrieved more than 1300 copies of relevant information, consulted more than 156000 pages of the companys accounting data, and talked with relevant personnel more than 1200 times (Times). At present, the relevant issues have been basically cleared up and are hereby notified as follows.
1u3001 On the reflection of zhangjiahuis suspected violation of discipline and law
1. On the issue of reflecting that Zhang Jiahui is not as good as applying for the registered property
The joint investigation team found out that in January 2016, when Zhang Jiahui filled in the report on personal matters, he concealed or omitted to report the 26 companies actually controlled and participated in by Liu Yuansheng. In March 2017, Zhang Jiahui and Liu Yuansheng went through divorce procedures. Zhang Jiahuis act of not truthfully reporting personal related matters violates organizational discipline.
The joint investigation team found out that the three videos about zhangjiahui playing mahjong on the Internet were secretly shot by Yi Yiwu, Liu Yuanshengs business partner. In one video, Zhang Jiahuis nephew Liu and others are playing mahjong in the box of shuiyuntian coffee shop in Haikou, while Zhang Jiahui is standing nearby to watch; another is about Liu Yuansheng and Zhang Jiahuis nephew playing mahjong in the box of shuiyuntian coffee shop in February 2015, after which Liu and his wife Chen are counting money, while Zhang Jiahui is not at the scene; one video is in June 2016 On the 20th, Zhang Jiahui and her colleagues and friends went to Chongqing to attend her nephews wedding. The next night, Zhang Jiahui and her colleagues and friends played mahjong in the box of the hotel where they stayed. In addition, it was found out that Zhang Jiahui, after learning to play mahjong in 2011, often summoned people to play mahjong and gamble, and his behavior violated the public security management punishment law.
3. On the reflection that zhangjiahui and Liu Yuansheng have a lakeside club in shuiyuntian community of Haikou and often entertain others
4. On the reflection that Zhang Jiahui did not perform his duties correctly and refused to implement the supreme law supervision notice
The joint investigation team found out that in 2005, Hainan first intermediate peoples Court (hereinafter referred to as Hainan No.1 Intermediate Peoples court) ruled that the 1419.2625 M2 real estate of Jintai building under the name of Sanya development and Construction Corporation (hereinafter referred to as Sanya Construction Corporation) was compensated to Hainan Simai pharmaceutical Co., Ltd. (hereinafter referred to as Simai company). As the case has not been effectively implemented for many years, Sima company reported to the Supreme Court twice in 2018, and the supreme law was put on the Internet for supervision. The Hainan provincial high court asked zhangjiahui, who is in charge of the implementation work, to preside over the coordination of the case. On July 26, 2018, Zhang Jiahui presided over the coordination meeting and proposed that Sanya Construction Corporation should pay off the debt in cash, but Simai company disagreed and still required Sanya Construction Corporation to repay the debt with real estate. At present, there is no evidence to prove that Zhang Jiahui violated the rules and regulations in the process of handling the case.
5. On the reflection of zhangjiahuis intervention in the lawsuit cases of Wenchang Huadu Property Management Co., Ltd. (hereinafter referred to as Huadu Company)
6. on the reflection of Zhang Jiahuis intervention in Li Mouhuas case, the case was transferred to the provincial high court by the peoples Court of Longhua District of Haikou (hereinafter referred to as the Longhua court). The litigation cost was raised to 2 million 80 thousand yuan. Zhang Jiahui also used the network to intervene Li Mouhuas registered residence.
The joint investigation team found out that in 2011, Li Xiaohua sued new Nanyang hotel to Longhua court due to equity dispute. In 2013, Li added a claim to confirm that 50% of the equity of Hainan Haite economic and Technological Development Co., Ltd. held by new Nanyang hotel was owned by him. Because the 50% equity target of Lis additional lawsuit was about 400 million yuan, Longhua court transferred the case to the provincial high court with jurisdiction. After the case was transferred to the provincial high court, according to the relevant provisions of the court, the charging method for the plaintiff to pay litigation costs changed from charging by piece to charging according to the amount of the subject matter, so the litigation fee paid by Li was increased to 2.08 million yuan.
The joint investigation team found out that in 2014, the Danzhou Municipal Public Security Bureau found Li Mouhuas real household registration in Wuchuan, Guangdong, and cancelled her duplicate household registration in Danzhou. Therefore, Li Mouhua asked the provincial high court to suspend the trial of the above equity dispute cases, and at the same time filed an administrative lawsuit, demanding the cancellation of the specific administrative act of the Danzhou Municipal Public Security Bureau to cancel its household registration. Registered residence in registered residence in Danzhou, HUAWEI has cancelled its registered residence in Wuchuan, Guangdong, causing it to become a household without registration. Danzhou Public Security Bureau has coordinated with Wuchuan Public Security Bureau to handle the restoration procedures of Lis household registration. There is no evidence that Zhang Jiahui intervened in Li Mouhuas case and Li Mouhuas household registration resumption.
The joint investigation team found out that in March 2003, Hainan Huiyu Property Development Co., Ltd. transferred 56.9 mu of land use right to Weishe company, which was actually controlled by Liu Yuansheng. Both parties agreed that Weishe company would repay the loan of 12.5709 million yuan to Changsha Huitong sub branch of ICBC (hereinafter referred to as Huitong sub branch) on behalf of Huiyu development group (Hunan) Real Estate Co., Ltd. (hereinafter referred to as Huiyu Hunan company) The company develops the shuiyuntian project on the ground. As of April 2005, Weishe company had paid 5 million yuan to Huitong sub branch. From May to July 2005, Hunan Branch of industrial and Commercial Bank of China transferred the remaining principal of creditors rights of Huitong sub branch to Huiyu Hunan Co., Ltd. of which Weishe company was liable to pay off 7.5709 million yuan. Among them, 42.33 million yuan was transferred to Changsha Office of China Great Wall Asset Management Company. After mediation by Changsha intermediate peoples Court (hereinafter referred to as Changsha intermediate peoples court), Changsha Office of China Great Wall Asset management company gave up the recovery of the remaining creditors rights after Weishe company repaid 3.7999 million yuan; 13.5 million yuan was transferred to Changsha Office of China Huarong Asset Management Company (later transferred to Wuhan City, China) In April 2012, Hunan Provincial Higher Peoples Court (hereinafter referred to as Hunan high court) ruled that Weishe company should repay in proportion because of the 1.8307 million yuan of Best Investment Co., Ltd., and Weishe company has not fulfilled the repayment obligation so far. Weishe company has paid 8.7999 million yuan for the land of shuiyuntian project, but has not paid 1.8307 million yuan.
9. On the issue that Zhang Jiahui and Liu Yuansheng raised objection to the execution of the false creditors rights because of the application of ST company for Changsha intermediate peoples court to seal up the land under the name of Weishe company
The joint investigation team found out that the Hunan high court decided that Weishe company should repay the company because it had applied to Changsha intermediate peoples court for compulsory execution after it had paid 1.8307 million yuan. In May 2015, Changsha intermediate peoples court ruled to seal up the land use right of Haikou Guoyong (2004) No. 1738, covering an area of 7432.28 square meters, under the name of Weishe company. In September 2016, zhangjiahui, Liu Yuansheng and other relevant companies raised an objection to the implementation on the ground that the property developed and constructed on the plot had been transferred to its name. In December 2017, the Changsha intermediate peoples court ruled to lift the seizure of the plot. This is because the creditors rights of best to Weishe company are still in execution.
10. On the issue of reflecting that the peoples Government of Hainan province wants to take back Hainan tomorrows golf course, Liu Yuansheng used the court resources to obtain the golf course with only a few million yuan
The joint investigation team found out that in 1992, the Japanese company, tomotaka rural club, invested in the establishment of Hainan rijixiang tourism company (hereinafter referred to as the company), and Wenchang municipal government transferred 1993.3 mu of land in Qixingling area of Puqian town to develop and construct Golf and rural Club Department. In 1994, the construction of tomorrow incense golf project started, and in early 2002, due to the shortage of funds and other reasons, the construction was suspended. In 2006, the company plans to transfer its shares, and Liu Yuansheng starts to acquire it. In October 2007, Wenchang municipal government planned to take back the land free of charge due to the failure to develop the land on schedule. However, due to the imperfect procedures and insufficient basis, Wenchang municipal government failed to obtain the approval of the provincial government. In June 2009, after the company paid 10 million yuan of infrastructure supporting fee, Wenchang municipal government agreed to continue to develop the project within a time limit.
According to the investigation, Liu Yuansheng paid 45.5376 million yuan and 11.59 million yuan to the former shareholders of the company. In April 2010, 100% of the shares of the company were changed and registered as Huarong Co., Ltd. (the company is 100% controlled by Shengyun company established by Liu Yuansheng in British Virgin Islands). During the acquisition, Liu Yuansheng transferred 15% of the shares of the company to Su, a businessman. Liu Yuansheng actually owned 85% of the shares of the company. In September 2011, Liu Yuansheng transferred 85% of the shares of the company to Huang, a Hong Kong businessman.
After investigation, there was an administrative litigation case during the period of Liu Yuanshengs acquisition of the company and after the transfer of the company. First, in May 2007, because the business license of the company had expired, Wenchang Construction Bureau revoked the temporary permit for construction project planning issued to the company. On May 25, the company filed an administrative lawsuit with Hainan intermediate peoples Court of Hainan Province. Second, in April 2013, Wenchang City Planning Bureau issued the letter on revoking the letter on Approving the transformation planning scheme of Hainan tomorrow fragrant Golf and Country Club Sports and leisure park. On August 5, the company filed an administrative lawsuit with Wenchang peoples court. At present, there is no evidence to prove that the above two lawsuits are related to Liu Yuanshengs acquisition of tomorrow fragrant company.
11. On the issue of reflecting that Mr. Zhong, a Taiwanese businessman, has been eaten up by Liu Yuansheng for no reason
The joint investigation team found out that Mr. Zhong reflected in the network was Zhong Xiaoji, the son of Zhong Mou Xuan, the legal representative of Taiwan funded enterprise Acer Construction Co., Ltd. (hereinafter referred to as Acer), which transferred 25% of the shares of tomorrow incense company from Japan Corporation in 1993. Liu Yuansheng learned that 45% of the shares of the company (including 25% of the shares held by Acer) had been acquired by a Japanese businessman, Mr. Hirata. After negotiation with Mr. Hirata, Liu Yuansheng purchased the above 45% equity with 250 million yen. Due to pingtians previous acquisition of the above 45% equity, Zhongmou Xuan, the legal representative of Acer, entrusted his nephew, Zhong Xiaochang, to handle the equity change procedures. The power of attorney has been certified by notaries in Qiongtai and Taiwan. In July 2009, Zhong signed a 25% equity transfer agreement on behalf of Acer and Liu Yuansheng on behalf of Huarong Co., Ltd. The 25% equity reflected in this issue belongs to the transaction income of Liu Yuansheng.
12. On the reflection that Liu Yuansheng promised to transfer 18% of the shares of the company to Zhan, but after Zhan paid tens of millions of yuan for the transfer of shares, Liu Yuansheng failed to fulfill the obligation of equity transfer
13. Liu Yuanshengs assistant, LAN Mou, lent 200 million yuan to Weishe company. Weishe company took the land use right of Chongqing Leishi company as collateral, and Liu Yuansheng obtained 60% equity of Chongqing Leishi company
The joint investigation team found out that in September 2011, Hong Kong businessman Huang Mou Ming negotiated with Liu Yuansheng, and Liu Yuansheng transferred 85% of the shares of the company to Huang. As the boss of Chongqing Leishi Co., Ltd. owes Huang a total of 460 million yuan for gambling in Macao, after negotiation among Huang, Huang, Liu Yuansheng and Wu, Huang takes 100% of the equity of Chongqing Leishi company as the price of 460 million yuan, which is used as part of the equity transfer of tomorrow incense company to Liu Yuansheng, and Liu Yuansheng and Wu Xiaojiang sign the equity transfer agreement of Chongqing Leishi company. In the process of performing the agreement, Liu Yuansheng found that Wu only holds 60% of the shares, and Li, who holds 40% of the shares, neither agrees to transfer his own shares nor to Wu. In order to control the companys land assets and successfully handle the 60% equity transfer procedures, Liu Yuansheng arranged his assistant LAN to sign a false IOU of 200 million yuan with Weishe company in December 2011. Wu agreed that Chongqing Leishi company would use the land under its name to handle mortgage guarantee for Weishe company. Later, Li agreed to transfer 60% of the equity of Wu to Liu Yuansheng. In June 2012, the three parties signed an equity transfer contract. Wu and Li respectively transferred 60% and 10% of their equity to Liu Yuansheng, and at the same time handled the transfer procedures. So far, Liu Yuansheng holds 70% shares in Chongqing Leishi company and 30% shares in Li. In July 2012, Liu Yuansheng handled the land mortgage registration procedures of Chongqing Leishi company.
14. On the issue that Li Xiaojie transferred his 30% equity of Chongqing Leishi company to Liu Yuansheng for 110 million yuan, but Liu Yuansheng repented and applied to Hainan Arbitration Commission to cancel the equity transfer agreement
3u3001 On the reflection of Liu Yuanshengs suspected violation of the law
The joint investigation team found out that the stock accounts of zhangjiahui and Liu Yuansheng were closed on June 16, 2014 and June 9, 2014, respectively; the stock accounts under the names of Haikou Hongyuan Consulting Co., Ltd. and Yangpu Xinqi industry and Trade Co., Ltd. under the actual control of Liu Yuansheng have been closed or in dormancy; the market value of the stock capital accounts held by Liu Yuansheng in the name of others is more than 9 million yuan, and there is no evidence to prove Liu Yuan Students manipulate the stock market. According to Liu Yuanshengs confession, he claimed to manipulate the stock market in order to show his strong ability. In addition, the joint investigation team has conducted a comprehensive investigation on the enterprises actually controlled, related or suspected to be connected by Liu Yuansheng according to law, and it has not been found that the above-mentioned companies have obtained government agricultural subsidies.
Resume of Zhang Jiahui
Zhang Jiahui, female, Han nationality, born in March 1965 in Wanzhou, Chongqing, with a postgraduate degree and a doctor of law degree, is an associate researcher. She started work in January 1990 and joined the Communist Party of China in June 1998.
From January 1990 to July 1992, he served successively as clerk and assistant judge of the intermediate peoples Court of Wanxian District, Sichuan Province;
From July 1992 to September 1997, he served successively as assistant judge and chief judge of Hainan intermediate peoples court;
From September 1997 to June 2000, he studied in Southwest University of political science and law;
From June 2000 to September 2001, to be allocated;
From January 2002 to September 2004, he successively served as assistant judge at the section level, member of the judicial committee, vice president and chief judge of the civil trial court of the intermediate peoples Court of Yangpu Economic Development Zone, Hainan Province (from January 2002 to June 2004, he was engaged in post doctoral research in law discipline at the Chinese Academy of Social Sciences);
From September 2004 to March 2006, he served as vice president of the trial supervision division of Hainan Higher Peoples Court (at the division level);
From November 2010 to July 2012, he served as a member of the judicial committee of Hainan Higher Peoples court and President of the administrative tribunal;
In July 2012, he was a member of the Party group, vice president and member of the judicial committee of Hainan Higher Peoples court.