Review one bribery case, dig up two money laundering cases!

2022-06-05 0 By

Money laundering crime and upstream bribery crime go hand in hand related personnel to help transfer the bribe money to make “unclean” money clean because of a 500,000 yuan bribe money led out of two money laundering cases……”Money laundering case clues are mostly hidden, only from the upstream crime to identify the clues.In the money laundering cases we handled last year, all the criminal clues came from the prosecution of corruption and bribery cases, and even a corruption case led to a number of money laundering criminal clues.”On February 16, linzi District Procuratorate of Zibo City, Shandong province, the prosecutor of the anti-money laundering case team, told reporters about a bribery case implicated in two money laundering cases.In June 2021, Linzi District Procuratorate accepted the suspected bribery case of Zheng Hongxiang, a criminal suspect transferred by the Supervision Committee of the district for investigation and prosecution.Zheng Hongxiang took advantage of his position as the head of the equipment department, basic construction Department, medical equipment Department and other departments of a hospital to seek benefits for others in the procurement of a variety of medical equipment, construction of new ward buildings and other aspects, and received a total of 3.35 million yuan of preferential treatment fees from relevant business units.”Zheng Hongxiang took bribes for ten years and dozens of times.In these bribe money, can hidden money laundering crime clues?Is the money ‘bleached’?”After listening to the report of the case, the prosecutor found that there was a high possibility of money laundering in the case, and suggested that the anti-money laundering team immediately start the “double investigation of one case” and synchronous review mechanism.”As long as it involves upstream crimes, we should keep a careful mind, and analyze and judge whether the case is suspected of money laundering, so that there is no hiding crimes!”Zuo Fang, head of the anti-money laundering case handling team, said deeply that “double investigation of one case” and simultaneous review had already become the necessary procedure and important mechanism support for the anti-money laundering procuratorial law enforcement supervision and case handling of the Hospital.Through communication with the district supervision committee, ZuoFang lead the team to quickly start supplementary investigation procedure itself, in addition to the scrutiny of Zheng Hongxiang bribery crime fact, LouFan for may involve money laundering crime fact, leakage, leakage for synchronous review fiscal situation, comprehensive review carefully the witness testimony, in the spirit of “perfection” examining where bribes and transfer process.Zuo Fang believes that the core of money laundering crime is to clean the nature of funds, and the flow of funds is the ultimate manifestation of money laundering crime.How to extract the silk from the cocoon and find the possible money laundering clues from the complex source of bribery and the subsequent circulation has become the focus of the investigation team.As the backbone of the team, Xu Huisheng, who once won the first-class individual merit of the Supreme People’s Procuratorate, has more than 10 years of experience in handling work-related crimes. He volunteered to work with his assistant to sort out and review zheng Hongxiang’s more than 10 bribes, his close relatives and close associates’ bank accounts and fund transactions one by one.After two days of deliberation and judgment, a clear, complete closure of the stolen money flow chart presented in front of everyone.In the flow chart, the flow of a bribe of 500,000 yuan between different accounts catches everyone’s attention.It turned out that in early April 2019, Wang Ping, a manager of a medical company who had received special “attention” from Zheng Hongxiang in several medical equipment bidding, wanted to express his gratitude, and Zheng Hongxiang provided Wang Ping with the bank card information of an account named Liu Ruwei (handled separately).Understanding, Wang Ping transferred 500,000 yuan to Liu ruwei’s bank card through his father-in-law’s bank card.After receiving the transfer, Liu transferred 500,000 yuan to Zheng hongxiang’s wife, Song Hao.After some disguising and transferring, the money “changed” from bribe to loan unrelated to his business relation wang Ping.”Corruption and bribery crimes generally exist in a relatively long-term continuous state, and it is highly likely that the close relatives and specific connections of corrupt persons will help them hide the proceeds of crimes, and these groups are often the high incidence of money laundering crimes.In the investigation of money laundering clues in Zheng Hongxiang’s bribery case, Liu Ruwei as a specific related person, Song Hao as a close relative, in the early intervention stage has attracted our focus.”Xu Huisheng told reporters.Through continuous verification, team members focused on sorting out the bank account transaction details of Liu Ruwei and Song Hao, two suspected of money laundering crime clues.It is not a coincidence to consolidate the evidence of the critical point in time to handle the case Prosecutors review and analyze the accounts involved in money laundering with the further investigation of the simultaneous investigation, the clues of the criminal suspect Liu Ruwei suspected of money laundering appear.In the testimony he provided to the Supervision Committee, it was confirmed that he was engaged in the sales of medical equipment and got to know Zheng Hongxiang, who had the right to purchase medical equipment and bid for construction of the hospital, and the relationship between them became increasingly close.The day before receiving the 500,000 yuan transfer, Liu also accompanied Zheng to Jining and accepted wang ping’s dinner together.”The money [Zheng Hongxiang] asked me to receive should have been illegal money,” Liu said. “If it was normal money, he could have received it in his own account or that of his relatives.I wanted something from him, so I gave him the account.””As medical sales industry personnel, Liu Ruwei of the industry ‘hidden rules’ is actually well known, tacit knowledge.In knowledge transfer of 500000 yuan is wang ping to Zheng Hongxiang ‘award’ case, still provide their accounts receiving bribery, money, and then hand operation transfer to Zheng Hongxiang wife’s account, is the direct link to help Zheng Hongxiang cutting and bribery crime, to achieve the goal of conceal bribery, source of money and property.Although the 500,000 yuan was quickly transferred out on the day after the transfer and only remained in his account for a few hours, it still conforms to the act of covering up and concealing the nature of the corrupt and bribe-taking funds.Considering the relation between money laundering crime and covering up and concealing the offence of a crime belongs to special crime and general crime, criminal responsibility should be investigated for money laundering crime of special crime.”Xu Huisheng analysis.And if the identification of the fact of Liu Ruwei’s money laundering is a “bright line” brought out by the bribery case, then the identification of the fact of Song Hao’s money laundering becomes a hidden “dark line”.Based on witness statements and transaction details, the case team initially verified that Liu had transferred 500,000 yuan to Song hao.At that time, song took a fancy to a real estate, is raising money to buy a house, and ready to use the 500,000 yuan for housing investment.But when it came time to make the formal payment, Song hao found that the money had been collected, so he put the 500,000 yuan liu ruwei transferred into a certificate of deposit.”The evidence chain has progressed to here, no matter Song Hao used the 500,000 yuan to buy a house or deposit it into a regular deposit, it is not enough to prove that she knew zheng Hongxiang’s crime of bribery.Because at that time the couple were preparing their own money for the house purchase, and Liu Ruwei was transferred in the name of borrowing money, it can not be confirmed that Song Haoyou ‘knew others to be the proceeds of bribery crime’ subjective understanding, is not identified as the crime of money laundering.””Zuo fang said.The core of money laundering crime lies in the concealment and concealment of the nature and source of funds obtained from crime and proceeds, and fund circulation is the ultimate manifestation of money laundering crime.Around the fund changes in Song Hao’s bank account, the case team launched a new round of strict examination and investigation, and continued to track the fund transactions of Song Hao.”You have great wisdom and strength. As long as you stick together, you can overcome many difficulties.”Zuo Fang recalled to the reporter an unforgettable Saturday, at that time, the song Hao bank account of the fund direction of the investigation into trouble, six prosecutors gathered in the office, after nearly 10 hours of search for evidence, a hidden in the complex money transfer date attracted everyone’s attention.On March 18, 2021, Song Hao’s bank deposit certificate of 500,000 yuan suddenly changed frequently.According to the bank transaction details, Song Hao’s bank account on that day not only has the record of transferring money to her sister Song Lin, but also has the record of buying foreign exchange and sending money abroad.”On March 17, 2021, Zheng Hongxiang was detained by the Supervision Commission on suspicion of serious violation of law and discipline;On March 18, Song hao withdrew all 500,000 yuan he had spent two years ago and transferred it.It’s definitely not a coincidence!”The case team rammed a key link of the song Hao suspected of money laundering crime.According to the investigation, On March 17, 2021, Song Hao learned that Zheng Hongxiang was placed under detention for examination, and confirmed his signature on the notice delivered by the Supervision Commission.Considering her daughter who is studying abroad, she planned to save the previous 500,000 yuan for her daughter’s tuition.On March 18, Song Hao went to the bank to buy foreign exchange, but because her own bank account had a purchase limit, she found her sister’s bank card, and after several money transfer operations, she bought 500,000 yuan of foreign exchange in batches, and then remitted all of it to her daughter’s overseas study account.Through comprehensive analysis, preliminary determination of song good working team had already knowing Zheng Hongxiang for corruption and bribery crime fact, and is in knowing that the previous 500000 yuan deposit account Zheng Hongxiang bribery crime cases, still hide, hide money in the form of transferred to the outside source and nature of the thread of the money laundering crime is very clear.So far, two money laundering criminal case clew finally surfaced.In different periods of time, the bribe-taker’s close friend and the bribe-taker’s wife carried out different criminal means of “cleaning” for the same 500,000 yuan bribe.After the simultaneous examination, linzi District Procuratorate quickly handed over the clues of the suspects Liu Ruwei and Song Hao suspected of money laundering to the public security organs.At the end of June 2021, the public security organs put the two cases on file for investigation.By intervening in advance, the hospital guided the public security organs to further identify key points such as the subjective awareness, objective participation and whereabouts of the money of Liu Ruwei and Song Hao suspected of money laundering by focusing on the traces of the funds and property circulation involved in the case, thus improving the efficiency of investigation and evidence collection.The public security organs quickly found out liu Ruwei and Song Hao’s knowledge of Zheng Hongxiang’s occupation and legitimate income, their transfer after receiving the bribe, and whether the funds they received and transferred were consistent with Zheng Hongxiang’s occupation and income, etc.It is concluded that Liu Ruwei’s behavior of receiving 500,000 yuan from the bank account and transferring it out again, and Song Hao’s behavior of transferring 500,000 yuan across the border, are indeed the “knowing” state of zheng Hongxiang’s bribe.After the public security organs filed the case, Liu Ruwei and Song Hao have surrendered to the public security organs, and truthfully confessed the facts of the crime.On September 7, 2021, the public security organ transferred the two suspects to The Procuratorate of Linzi District for examination and prosecution on suspicion of money laundering.In the examination and prosecution stage of the interrogation of the criminal suspect by the prosecutor, the court communicated with the court to ensure smooth litigation, and clarified the fact and legal basis of the criminal suspect’s money laundering crime according to the identified evidence.At the same time, in accordance with the principle of adaptation of crime to punishment, the two sides reached consensus on the determination of criminal facts, evidence acceptance, law application, sentencing range and other aspects.After that, the case team actively applied the leniency system of guilty plea, and the two suspects confessed voluntarily and signed the letter of guilty plea witnessed by the lawyer on duty.On September 14, 2021, the court prosecuted two suspects on suspicion of money laundering, suggested the court to apply summary procedure to the trial, and put forward the recommendation of definitive sentencing, which was accepted by the court.On September 18, the court made a judgment, respectively identified Liu Ruwei, Song Hao money laundering crime, sentenced to fixed-term imprisonment and fine.Procuratorate carried out series of activities after the case transferred to money laundering prevention propaganda, as in the anti-money laundering member of the team, relying on silver inspection cooperation mechanism, linzi district people’s procuratorate and the people’s bank of branch to strengthen cooperation, to crack down on the crime of money-laundering further optimize collaboration function, jointly plan the anti-money laundering prevention propaganda series of activities,Guide the public to establish and strengthen the awareness of preventing and punishing money laundering crimes.On February 22, 2022, the Anti-money laundering case handling team of Linzi District Procuratorate was commended as the outstanding case handling team of 2021 by Shandong Provincial Procuratorate at the Conference of Shandong Procurators.In recent years, our hospital takes the maintenance of financial security and economic and social order as its own responsibility, resolutely implements the important deployment of anti-money laundering work by the Supreme People’s Procuratorate and the provincial and municipal people’s Courts, constantly increases the anti-money laundering efforts in the heavy fist attack, and severely punish the money laundering criminals in accordance with the law.Strengthening the punishment of money laundering crimes is listed as the annual key work to serve the overall situation, and a professional anti-money laundering case handling team has been set up to escort economic and financial security.The team consists of 3 public prosecutors and 3 assistant public prosecutors, one of whom has participated in the handling of major cases of provincial and municipal courts for many times, one of whom is one of the top 10 cases handlers of provincial procuratorial organs’ investigation and supervision, and one of whom is a first-class individual merit winner of the Supreme Procuratorial Organ and an excellent Party member of the national political and legal system.Team took the initiative to renew the idea of justice, by building the scientific case work efficiency and quality as the core mechanism “to the case clues”, become passive to active case shall find diabetes mellitus, will punish the crime of money laundering consciousness into their daily working, team members become familiar with economic, financial and other professional knowledge of complex business backbone.Pay attention to improve the quality and efficiency of anti-money laundering work in active duty performance, actively perform the leading responsibility of charging and proving crimes in criminal proceedings, strengthen the review of evidence in criminal cases of money laundering, fully exercise the powers of self-supplementary investigation and prosecution, and ensure whole-process supervision and whole-chain supervision without leaving blind spots.We should pay equal attention to the fight against upstream crimes and the punishment of money laundering crimes, dig and find criminal clues from the factual evidence of upstream crimes, follow up the fund chain strictly and quickly, and examine the whereabouts of funds through penetration.In particular, after the crime of “self-money laundering”, actively request instructions and report to the higher court, and analyze the case clues case by case, focusing on overcoming the bottleneck of case handling.Do real guiding investigation evidence collection, early intervention may be suspected of money laundering crime clues, clues to the case whether there is a crime and the investigation direction put forward concrete detailed opinion guiding investigation, guiding the investigation organ comprehensive involving money stolen goods to the evidence collection, by ascertaining the money and property involved in the flow marks, first clarify the suspicious accounts,And further guide interrogation, investigation direction, tamp the evidence base.It focuses on combating money laundering crimes as a systematic project, strengthens the coordination and cooperation with supervision Commission, public security, court, people’s Bank and other departments, and establishes a working mechanism with full cooperation, clear rights and responsibilities, and strong cooperation.To actively build anti-money laundering work in consultation with analysis platform, in discussing deeply money-laundering case to deal with difficult problem, unified law enforcement and judicial standard, on the basis of the applicable law for money laundering in the fact that, controversy and sentencing range, emphasis on money laundering crime and the upstream the accomplice of crime, money laundering and hide, hide crime to offend,Reached consensus on the identification of “serious circumstances” and other difficult issues.Strengthen intelligence information sharing and case consultation, further strengthen the effective connection between administrative law enforcement and criminal justice through cross transfer of clues, and promote the formation of a strong joint force to prevent and combat money laundering crimes.Huang Xianshi, Secretary of the Party Group and Procurator-General of linzi District Procuratorate, Zibo City, Shandong Province