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China Construction Bank actually sold fake funds on behalf of 37 VIP customers who were deceived, and the bank was sentenced to bear joint and several compensation

Release Time:2022-05-04 Topic:Buying a fund and being deceived by 500,000 Reading:20 Navigation:Stock Liao information > Comprehensive > China Construction Bank actually sold fake funds on behalf of 37 VIP customers who were deceived, and the bank was sentenced to bear joint and several compensation phone-reading

Original title: Construction Bank 37 VIP customers defrauded by the bank for selling fake funds Source of joint compensation: CDC Finance

Source: CDC Finance

CDC Finance May 29 hearing, 9 years ago, Huang Mouhua, Qiu Moubiao and others passed the Others registered two companies and issued fake fund products, thus raising funds and defrauding more than 50 million yuan, causing dozens of bank customers to suffer. As the fund sales promoter, China Construction Bank, the fund custodian's China CITIC Bank, Everbright Bank was also sentenced to joint and several liability. Recently, the above-mentioned bank was listed as the person subject to execution by the court due to the fraudulent case of raising funds by a false fund.

The fake fund was sold in the bank, and 37 VIPs were "successfully recruited"

According to the content disclosed by the Judgment Documents Network, in December 2012 On March 17, the defendant Tang Mouping contacted the agency company for the registration of Huatai Fund Company. The registered business scope is equity investment fund project management activities, investment project management activities and consulting services, with a registered capital of 30 million yuan. The defendant, Huang Mouhua, was the chairman and was fully responsible for the company's affairs. Qiu Moubiao is the general manager, responsible for managing the daily affairs of the company, planning and directing the raising of Huatai Fund, and participating in shareholders' meetings to make decisions about the company's major affairs. Defendant Tang Mouping made decisions about the company's major affairs by participating in the shareholders' meeting.

After CCB Zhuzhou Branch inspected Huatai Fund Company, on May 2, 2013, defendant Huang Mouhua signed a Consultation Agreement with CCB Zhuzhou Xiangjiang Sub-branch on behalf of Huatai Fund Company. The agreement mainly stipulates that: China Construction Bank Zhuzhou Xiangjiang Sub-branch will recommend compliant specific investors and investment projects for Huatai Fund Company, and conduct due diligence on the matters involved in the investment projects; Huatai Fund Company will pay Zhuzhou Xiangjiang Sub-branch of Construction Bank 1.5% of the raised funds. % as consultant fee. After signing the "Consulting Agreement", with the assistance of Wang Wei, President of CCB Zhuzhou Xiangjiang Sub-branch, Qiu Moubiao and others held a promotion meeting for Huatai Fund of Funds in CCB Zhuzhou Xiangjiang Sub-branch in May 2013. A number of marketing executives attended the meeting.

The defendant Huatai Fund Company violated the policies and regulations without the approval of the relevant departments in accordance with the law, and without the legal filing of the relevant departments. Ju, He Ling, Huang Fei, Jiang Min and others contacted the branches of CCB. The marketing supervisors and account managers of CCB Zhuzhou Branch's sub-branches promoted Huatai Fund to unspecified investors including many long-term customers of CCB including the plaintiff through telephone contact, on-site publicity, distribution of materials, etc., promising an annualized investment rate of return of 12%. Guaranteed by Hunan Huayou Financing Guarantee Co., Ltd., guaranteed principal and interest, without any risk.

Under the recommendation of the account manager of the sub-branch of CCB Zhuzhou Branch, the plaintiff in this case, Mr. Chen, signed the "Priority Limited Partner Joining Agreement" with the defendant Huatai Fund Company on September 23, 2013 in the business hall of CCB Zhuzhou Branch. , with a total commitment of 10 million yuan. The structured design of this product guarantees principal and income, with an annualized rate of return of 12%. On the day when the joining agreement was signed, Chen transferred 10 million yuan to the bank account agreed in the agreement. After Chen made the investment, the defendant Huatai Fund Company paid the plaintiff a profit of 1.2 million yuan, accounting for 12% of the capital contribution of 10 million yuan. No payment to plaintiff since thenbenefit, and the investment principal has not been refunded.

According to the lawsuit filed by another victimized customer, Kuang Moutian to the court, CCB Zhuzhou Branch, Zhuzhou Xiangjiang Subbranch, Changjiang Subbranch, Electric Power Subbranch, Tianxin Subbranch, etc. all held meetings and publicity in CCB, and launched a Organize its staff to issue and sell the funds of Huatai Company and Hanhong Company by means of electronic scrolling screens, ATM machines, and official website displays in the business hall. Under the recommendation of his account manager, Kuang Moutian signed a fund contract to purchase Hanhong Company with his account manager at the CCB Zhuzhou branch office. Kuang Moutian finally invested 860,000, and the funds were remitted to the account of Hanhong Company in the Xiangjiang branch of Zhuzhou, CCB. Kuang Moutian's defense showed that 37 people who had the same experience as him were all CCB VIP customers. During the whole process, the investor did not have any contact with the company, and all agreements signed with Hanhong Company or Huatai Company were signed by CCB. Zhuzhou Branch and the account managers of all sub-branches handle it first-hand.

The defense of another victimized customer Cheng Mouxiang revealed that Huatai Company and Hanhong Company raised a total of more than 50 million funds through CCB Zhuzhou Branch, of which more than 16 million yuan was used to compensate him in CCB Zhuzhou Branch loan. Since 2015, Cheng Mouxiang and other victimized clients have not received the investment income and defrauded principal of Huatai Company and Hanhong Company's funds.

CCB and China CITIC Bank sentenced to joint and several compensation

From June to September 2015, defendants Huang Mouhua and Tang Mouping were criminally detained by the public security organs on suspicion of fundraising fraud. On July 26, 2016, the defendant Qiu Moubiao was criminally detained by the public security organ on suspicion of fundraising fraud. After a trial in accordance with the law, the court ordered Huang Mouhua, Tang Mouping, Qiu Moubiao and others to refund the relevant losses of the fundraising participants.

The victimized customer believed that the economic loss had not been fully compensated, so he filed a civil lawsuit in the court, and took the China Construction Bank and China CITIC Bank to court.

The court of first instance ruled that the defendant, China Construction Bank Co., Ltd. Zhuzhou Branch should bear 60% of the supplementary compensation liability; the defendant, China CITIC Bank Co., Ltd. Changsha Branch, should bear 40% of the supplementary compensation liability.

China Construction Bank and China CITIC Bank appealed against the first-instance judgment.

CCB believes that the behavior of the victim customer's purchase of fund products was completed by employees of the Bank, Huatai Fund and the victim customer, and the customer's loss has no causal relationship with the Bank; the victim customer's loss is due to the custodian bank CITIC Changsha Branch and Everbright Changsha Branch failed to perform their supervisory responsibilities, so the custodian bank and Huatai Fund Company should bear joint and several liabilities; the victimized client should have the ability to identify the risks of investing in high-return fund products, and he should also bear the corresponding risks. Responsibility. CCB believes that China CITIC Bank has not fulfilled its corresponding review obligations and violated the law and the contract, and CCB has a legal basis for adding China CITIC Bank.

China CITIC Bank believes that this case should be a contract dispute, which is relative. China CITIC Bank is not the counterparty of the contract and should not be listed as a defendant. In the first instance, it was decided that China CITIC Bank should bear 40% of the supplementary compensation liability, but it did not determine the amount and purpose of the total capital in and out of the custody account of CITIC Bank, and ignored the fact that the investment funds of the victims were protected through the custody account of CITIC Bank. All the funds in the custody accounts of China CITIC Bank came from the fundraising accounts of CCB, and were transferred from CCB to China CITIC Bank. China CITIC Bank did not perform the responsibility of fund custody, but the responsibility of custody based on the contract in this case.

The court of second instance held that this case was caused by the issuers, sellers of financial products, financial service providers and financial consumers selling high-risk financial products and providing services for financial consumers to participate in high-risk investment activities. In civil and commercial cases, the principle of "sellers doing their due diligence and buyers taking their own responsibilities" is the basic principle for handling such cases. The suitability obligation gives the responsible parties CCB Zhuzhou Branch and CITIC Changsha Branch very strict statutory responsibilities. Once the investment funds of financial consumers enter the financial channel, the risk responsibility of the sellers and service providers of financial products already exists. In this case The court of first instance strictly applied the principle of liability, and there was nothing wrong with dividing the proportion of responsibilities. Financial consumers, that is, the plaintiff in the first instance, should also bear certain responsibilities for the risks they may have in the high-risk financial activities of this case.

The judgment of the court of second instance: dismissed the appeal and upheld the original judgment. This decision is final.

Construction Bank, China Everbright Bank and China CITIC Bank have been executed for many times

The relevant judgments show that since China Everbright Bank Changsha Branch and China CITIC Bank Changsha Branch are both the fund custodian banks of the above companies, therefore The relevant victim customers of CCB all brought the CCB Zhuzhou Branch, China Everbright Bank Changsha Branch and China CITIC Bank Changsha Branch to court, demanding supplementary liability for compensation.

After multiple rounds of trials, the court made a decisiondecision result. Taking the victim Kuang Moutian as an example, the court ruled that Hanhong Company should compensate Kuang Moutian for investment losses of 756,800 yuan. At the same time, CCB Zhuzhou Branch shall bear 60% of the supplementary compensation liability for the loss; China Everbright Bank Changsha Branch shall bear 40% of the supplementary liability for the loss. In the case of Cheng Mouxiang, CCB Zhuzhou Branch and China CITIC Bank Changsha were sentenced to 60% and 40% of the supplementary liability respectively.

According to the China Enforcement Information Disclosure Network, as of May 27, Zhuzhou Branch of China Construction Bank, Changsha Branch of China Everbright Bank and Changsha Branch of China CITIC Bank have been listed as persons subject to enforcement by the Tianyuan District People's Court of Zhuzhou City for many times, involving The filing dates are April 25, 26 and May 21 this year, respectively.

Among them, CCB Zhuzhou Branch currently has a total of 78 pieces of executed information, with a total executed amount of 24.276 million yuan; China CITIC Bank Changsha Branch currently has a total of 59 executed pieces of information, with an executed amount of 18.4339 million yuan; China Everbright Bank Changsha Branch has 18 records, and the total amount currently executed is 4.8421 million yuan.

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