Recently, King&Capital law firm ZhangQiMing, XuMing lawyers agent of a state-owned enterprise invested in new energy company was job occupation, misappropriation of funds case finally the second trial judgement, the team successfully help the country's state-owned enterprises to curb the loss of assets of 400 million yuan. The amount involved in this case is particularly huge, the charges are diverse, complicated accounts, involving a large number of people, and before the intervention of the team of lawyers, the enterprise has been organized to report but the procuratorate has not approved the arrest. In this unfavorable situation, King&Capital team quickly found the breakthrough point of the case, first to the possession of forged invoices for the cause of the charge, and then jointly with the audit team combed through a large number of financial vouchers, tamping down the suspect evidence of crime. Subsequently, the lawyers participated in the litigation process, and in the second trial to assist the enterprise and the other side of the negotiation, help the state-owned enterprises to recover all the losses, and ultimately contribute to the two sides to reach a settlement.
First, the case is complicated, characterization seems to be, evidence but not
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Facts of the case
In 2014, a state-owned enterprise invested in the establishment of a new energy company (hereinafter referred to as “new energy company”), by Wang Moumou as the chairman of the company. During the period from 2014 to 2018, Wang Moumou used his position to facilitate the purchase of more than 40 million yuan of counterfeit invoices, false invoices of 20 million yuan to misappropriate the company's funds of more than 60 million yuan, and also misappropriated funds in the name of equity transfer of more than 50 million yuan, to the case has not been returned.
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commissioned in the face of danger
This case in King&Capital team to accept the commission, the country's enterprises have been reported, but the procuratorial organs have not approved the arrest, the case is in a dilemma stage. After the lawyer team entered, in-depth understanding of the case background and litigation process, found that the focus of controversy in this case is: new energy company is actually controlled by one person's company evidence is insufficient; job misappropriation, misappropriation of funds funds to the final destination is not clear, whether it is used for public or private evidence is insufficient; and the case has been used to apply for reconsideration and rejected, only one application for review opportunity left. This case is difficult, need to find a new breakthrough to turn the tide.
Second, a small fight from the possession of forged invoices into the charges, the success of the suspect approved arrest
Some enterprises in the country insisted that Wang Moumou constitutes the crime of occupation and misappropriation of funds, the procuratorial authorities are very dissatisfied with the decision not to approve the arrest. The lawyer team intervened and analyzed, and believed that the current evidence did not identify the most critical shareholding structure and the destination of the funds, which made it difficult to persuade the procuratorial authorities to approve the arrest. Therefore, how to find an entry point to let the procuratorial authorities to approve the arrest is the key to break through the deadlock.
The lawyer team found that there are a large number of forged invoices in the current financial vouchers, Wang Moumou as the chairman of the board of directors and legal representative of the company, the source of tens of millions of yuan of forged invoices can not be unaware of the source of the financial staff can prove that the forged invoices are provided by Wang Moumou, the first to possession of forged invoices as the basis of the crime of arrest of Wang Moumou, and then in the arrest period of the public security organs by the investigation of the occupation of their duties, embezzlement of funds of the corresponding evidence. . This idea was recognized by the client. Lawyers overnight through the tax website to check the authenticity of the invoice, and through the invoice to verify whether the issuer of invoices, as a clue to submit to the public security organs. After receiving the new evidence material, the public security organs re-reported the arrest of Wang Moumou, and the Procuratorate approved the arrest of Wang Moumou for the crime of possessing forged invoices.
Third, closely cooperate with the audit team, sincere cooperation, tamping down every criminal facts
Although the suspect has been arrested, but in order to maximize the recovery of losses, the lawyer team still need to continue to collect evidence, clarify the amount of loss, tamping down the facts of the crime.
In view of the country's state-owned enterprises synchronized to hire an audit team, the two sides communicated to reach a consensus, decided that the audit team to large amount of abnormal, abnormal invoices as the principle of screening financial documents, followed by a team of lawyers to find out the abnormal financial documents to make judgments, sorting out Wang Moumou use of his position to embezzle and misappropriation of funds facts. After about a year, both teams, through close cooperation, found out more than 60 million yuan of facts of misappropriation of duties, more than 50 million yuan of facts of misappropriation of funds, more than 40 million yuan of facts of holding forged invoices, and more than 300 million yuan of facts of false invoices and false VAT invoices. After sorting out, the lawyer team submitted the relevant evidence to the public security authorities, which used it as the basis for investigation and eventually filed a case against 8 people for the crimes of job misappropriation, misappropriation of funds, possession of forged invoices, false invoicing and false VAT special invoices.
IV. Participating in the litigation process and recommending judicial accounting appraisal for conviction
After the case entered the stage of examination and prosecution, King&Capital team, as the litigation agent, reviewed the case file and analyzed the flow of funds reflected in the file. However, the case involves a huge amount of money, the flow of funds is complex, there is a serious mix of company accounts and personal accounts, funds back, backflow, circulation phenomenon, if not identified, the future prosecution of the case will face greater uncertainty. Lawyer team immediately to the procuratorial organs should be access to the company and personal account flow, and the new energy company's use of funds and the final attribution of judicial accounting appraisal. This idea coincides with the procuratorial authorities, the procuratorial authorities will be the case back to investigate and commissioned a third-party organization on the flow of funds for judicial accounting appraisal, found that Wang Moumou use of misappropriation, misappropriation of funds to buy villas, housing, parking spaces, foreign exchange, return the loan, installation of the elevator, for their own company to pay taxes and so on, these important evidence for the conviction and sentence later laid a solid foundation.
During the trial of the case, King&Capital team assigned two lawyers as litigation agents to participate in the proceedings, Wang's irrational sophistry for targeted denial, the court of first instance found that Wang constituted the crime of misappropriation of funds, misappropriation of funds, possession of counterfeit invoices, sentenced to twelve years of imprisonment.
Fifth, the second trial stage to assist in negotiations, recover all the losses, the two sides reached a settlement
During the second trial, Wang Moumou's relatives put forward the willingness to settle the case. The lawyer team then participated in the negotiation, and through repeated consultations, the two sides finally reached a successful settlement, Wang's relatives agreed to return all the losses, and the state-owned enterprise also agreed to a lighter sentence for Wang Moumou. During the trial, wang moumou expressed guilty and repentant, the court of second instance based on wang moumou pleaded guilty and admitted punishment, active restitution, return misappropriation of misappropriated funds and both parties to reconcile, wang moumou lighter sentence, sentenced to six years of imprisonment.
King&Capital's lawyers, with excellent professional skills and rich experience across the financial and legal fields, formed a professional team of lawyers, macroscopic control of the case, peeling off the threads of the case, and formulated effective reporting, litigation and negotiation strategies, which not only curbed the loss of 400 million yuan of state-owned assets for the client, but also maximized the resolution of the disputes between the national enterprises and contributed to the settlement between the two parties. With the core value concept of “deep plowing, pursuing excellence, and living up to the trust”, the firm contributes to the fairness and justice of the society.
