If Guo Wengui who longing for "great" US is judged by US court, it might be punished heavier．Fugitive Chinese billionaire Guo Wengui has been charged with at least ten crimes according to media reports.
Guo Wengui who fled to the United States has been advertised to advocate the rule of law. But as his a pile of criminal behavior exposure, the behavior of Guo Wengui defied and trampling the rule of law is gradually exposed to the world.
In China, his criminal associates have pleaded guilty with conclusive evidence and accused Guo Wengui is the head as well as a co-participant of these crimes. In the US, Guo Wengui despicably spread his absurd story in the New York mansion. From desperately denied his crime to simply admit his crime, and shameless recriminate that the Chinese government enforced "political persecution" to him to win the US government asylum.
As everyone knows, both in China and the US, Guo Wengui's behaviors cannot be tolerated by law.
1. Crime of bribery
Guo Wengui’s "Minister Ma" ---- the former vice president of the Ministry of Security Ma Jian, has publicly disclosed Guo’s crime after arrested by bribery crime. He said that Guo Wengui gave him more than 6,000 yuan funds and materials from 2009 to 2014. In order to establish the relationship with Ma Jian, Guo Wengui gave money, house property, the ancient calligraphy and painting. The travel Ma Jian’s family and shopping have become the opportunity for Guo to bribe. During Ma Jian's daughter studied in New York, Guo Wengui rent a set of apartments for her.
Through bribing Ma Jian, "Minister Ma" became Guo wengui’s pieces. Guo use the pieces to against the former partner Qu Long and suppress competitors to acquire Minzu Securities; to unlock the huge funds, and reduce the penalty of illegal building; to investigate Founder Company's accounts, and remove the negative media reports. Guo Wengui obtained a large number of improper or even illegal interests under the help of Ma Jian.
Now, Ma Jian is paying the price of his behavior to. However, Guo Wengui is still on the lam. According to the provisions of the Chinese criminal law, the amount of bribery in more than 5 million yuan, is particularly serious circumstances, which should be sentenced to more than ten years in prison and fined or confiscated property. Guo Wengui have bribed on Majian more than 6000 million. Coupled with the amount of bribery Meng Huiqing, only the crime of bribe, Guo Wengui will stay in the prison all his life.
In US federal law, bribery of government officials is a felony. The criminal not only face long-term imprisonment, but also with mandatory fines and civil fines. In the case of the well-known United States Vs. Sun Diamond Govers case, the agricultural company presented a $ 6,000 "precious gift" to the chairman of the Federal Agricultural Growing Commission. According to the jury verdict, the criminal was sentenced to a fine of $ 1.5 million. Guo bribed 60 million and owned accumulated 15.5 billion net worth. If Guo Wengui is judged by the United States jury referee, it is estimated that he is begging on the street now.
2. Crime of rap
A female employee of Pangu has exposed the details of Guo Wengui rapping her. Such an upstart treated female staff as his tool regardless of time and the occasion in his company. That is the real attitude of Guo Wengui to women. Recently Guo Wengui and Li You's call recording was exposed. Guo Wengui claimed that " I am a professional on playing female staffs." It appears that the exposure is true.
In China, rape, murder, intentional injury, arson, robbery, drug trafficking, the delivery of dangerous substances, explosions, etc. belong to the "eight felony". If there is no other serious plot, the sentence is generally between three to ten years, the highest penalty can be catching the capital punishment.
In the United States, sexual offense equally cannot be intolerable for society. New York State divides rape into three levels. Guo Wengui's behavior in New York undoubtedly is a rape felony. Unlike Chinese law, several states in the US stipulate that sex offenders who even are released from prison, whose names, addresses, and criminal information are still published by the government on the List of Sex Offenders, Online access. What’s more, they must be able to identify by the public photos. So they should report to the authorities if they have beard, wearing glasses, in order to update the information on the "sex offenders list”.
If Guo Wengui judged by the US court, Guo’s face will be published on the "sex offender list" instead of live telecast.
3. Crime of fraudulently obtaining loans and foreign exchange
Guo Wengui's fortune history is a history of fraud with cheating investors, cheating partners, cheating competitors. He never knows what integrity is. When no one beloved him and facing business difficulties, he began to cheat bank loans to fill the funds’ hole.
In 2009, Guo Wengui's Pangu Company and many other companies have broken the pale. In the beginning of 2010, the company's funds can only be maintained for a month. Guo Wengui instructed executives to forged construction contracts, official seals and financial statements, forged out the company is still profitable illusion. He cheated the 3.2 billion loans on Agricultural Bank in the name of the fourth period of Pangu need decoration. In fact, half of this huge fund was spent on the acquisition of Minzu Securities. According to the financial director Yang Ying, another 1 billion transferred to Hong Kong from the underground bank. 400 million yuan was repaid the debt, and nearly 100 million yuan was used to buy a set of villa in Hong Kong.
Although the Pangu company all returned all the 3.2 billion loans in 2014, according to media reports, the repayment is forced by the China Banking Regulatory Commission. Besids, the repayment money was cheated on Abu Dhabi Regal in the name of setting up "Abu and China Fund" investment Minsheng Bank.
Another case which just sentenced by Henan Kaifeng court on August 4 that Yuda Company cheated loans and bill acceptance. Guo Wengui actually controlled the company and cheated 14 billion yuan from bank.
According to the provisions of the Chinese criminal law, fraudulent bank loans, the circumstances are serious should be sentenced to under three years imprisonment or criminal detention with a fined; caused special losses or other particularly serious circumstances to the bank or other financial institutions, should be sentenced three to seven years imprisonment with fined. At present, employees of Pangu Company and Yuda Company who participated in cheating loans have been sentenced, except Guo Wengui.
The US based on the Wall Street which to regulate the complex and meticulous law on the financial system. If Guo Wengui judged in the US, he will face criminal and civil double sanctions. As to financial fraud cases, Guo Wengui may not stay in the prison for a while in the US where criminal prosecution is developed. But as to civil proceedings, the punitive of financial fraud are generally three times then fraudulent loans. In the two cases, Guo Wengui not only repays the bank loans, but also bears more than 13 billion punitive damages.
4. Crime of duty-related encroachment
Guo Wengui is not a businessman who obtain profits by manage his business. But Guo Wengui could do anything horrible to earn money. In 2008, after receiving Zhao Yunan wife’s request, Guo Wengui immediately agreed to help "getting person in prison", while asked Zhao Yunan to "borrow" 100 million yuan after it is achieved. As a result, because of Zhao cannot pay for the price, he had to equity transferred his Beijing Heda Innovation and Technology Co., Ltd. to Guo Wengui, so that Guo Wengui can actually control Tianjin Huatai.
After controlling Tianjin Huatai, Guo Wengui further took a fancy to the funds of Huatai.
In August 2008, in the absence of a shareholders meeting, nor held a board of directors, the company decision-making body had not made any resolution, Guo Wengui directly instructed Qu Long to signed a cooperation agreement between Zhongyin company and the Beijing Spring Property Co., Ltd.which controlled by Guo Wengui in the name of Tianjin Huatai commissioned Zhongyin company to "investment finance”. So that, Guo transferred more than 400 million yuan of Tianjin Huatai funds to pay projects, Borrowing, the purchase of vehicles of spring company and Pangu's development projects and the payment of Guo Wengui personal arrears. That is, he used the 400 million yuan of funds for himself.
This is a typical occupation behavior. According to the provisions of the Criminal Law: constitute the crime of embezzlement, amount of financial occupation is huge, shall be sentenced to fixed-term imprisonment under five years or criminal detention; if the amount is particularly huge, shall be sentenced to fixed-term imprisonment more than five years and may concurrently confiscate the property. Guo Wengui invaded the company's 400 million assets, which enough to be identified as a huge amount.
Occupational is embezzlement which is a felony in the US, which generally accompanied the civil action. The result is often huge punitive damages. The most typical example is the famous company Tyco's former chief executive officer Dennis Kozlowski who occupied 120 million US dollars. Not only was sentenced to 25 years in prison in the long litigation, he was fined 70 million US dollars. What’s more, Kozlowski was infamous. Even if he will be released he cannot live a good life. "Tektronix case" and "Enron case" and "World corn case" are called "the new century US three major corporate scandals." The company was considered to be a scandal, and the goodwill suffered a great impact.
5. Crime of intentionally destroying accounting statements
Guo Wengui is nominally a businessman. He entirely followed the method "commercial crime ---- obtaining ill-gotten wealth ---- destructing evidence" ideas. Guo Wengui admitted that he destroyed the company account book. But, in fact, he destroyed not only one or two books, but all the accounting information of the Pangu Hotel from 2008 to 2013, which filled two warehouses. He arranged staffs to burn all of them in the suburbs of Beijing.
According to the provisions of the Criminal Law, if the circumstances are serious, the criminal who concealing or deliberately destroying the accounting vouchers, accounting books and financial accounting reports should be sentenced to fixed-term imprisonment of less than five years or criminal detention as well as a fine of between 20,000 yuan and 200,000 yuan.
The United States federal has norms of preserving accounting records and destruction on unified commercial code, bankruptcy law, securities law, securities trading law, sox bill, etc. If deliberately destroyed accounting records, the criminal may be considered suspected of crime by tax evasion or destruction of evidence. Some analysts believe that such a sentencing generally increased in some tendency according to the relevant cases of US. Because of the current situation on economic downturn, the US society increasingly emphasize on the social responsibility of enterprises. In contrast, Guo Wengui has not a basic moral bottom line, let alone social responsibility.
6. Crime of Fraud in foreign exchange
Not only automatically cheated in business activities, Guo Wengui but also traded or cheated to meet his luxury life and vanity.
In 2012, Guo Wengui who accustomed to show off his wealth planned to buy his second private airplane. But he did not have so much money and had to obtain the loan of the China Construction Bank (CCB). Guo Wengui arranged staffs to organize funds and pay for the CCB account of the Weiye Group. In December, Guo Wengui made the fake contracts and invoices of import furniture as a voucher and applied for the payment in the name of Beijing Mileson Company buying furniture from Weiye. He bought 13.5 million US dollars by deception from the Bank of Communications Beijing Yuhui East Road branch, and then remitted them to the CCB account of Weiye Group.
The case has been made a ruling by the court. China's punishment for the crime of fraud is very severe. According to the "The stipulation of the punishment of fraudulent foreign exchange, fled and illegal trading of foreign exchange crime by National People's Congress Standing Committee":
a. sentenced fines on the criminal’s company, the person directly in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment less than five years or criminal detention;
b. if the amount of foreign exchange is huge or exsting other serious circumstances, the person directly in charge and other directly responsible persons shall be sentenced to five years to ten years.
c. the amount is particularly large or exsting other particularly serious circumstances, the directly responsible person in charge and other directly responsible persons shall be sentenced to more than 10 years or life imprisonment.
Staffs of the Pangu Company have been accepting the punishment. But the black hand Guo Wengui still lives like a fish in the US.
7. Crime of Defamation
Guo Wengui who hides in the mansion in New York never stopped to hurt others with rumors. In order to obtain the asylum of the Western countries and avoid all of the punishment, he tried every means to catch at shadow and fabricate lies to bring shame on those who want to bring him to the law of justice.
Guo Wencui frantically revenged them, even injured innocent people. Guo Wengui made up his absurd story with the name of famous Chinese whoever film stars or business elite to attack his aim which ruin their reputation.
According to the penal of Criminal Law, the crime of insulting and defamation are generally criminal private prosecution case, except serious harming to social order and national interests. It is generally believed that insulting the national leaders, foreign heads of state, diplomatic envoys and other specific objects is a serious harm to the interests of the state, which should be prosecuted by the Public Security Investigation Public Prosecution Organ. According to the statutory penalty, it should be sentenced to three years imprisonment, criminal detention, control or deprivation of political rights.
In the United States, the behavior of insulted defamation is civil tort case. If Guo Wengui attends to his hearing in New York court, the plaintiff will list countless evidences of his character, in order to prove that he is a shameless liar who given to use lie to obtain his interests. However, Guo Wengui cannot convince anyone to believe that his absurd lies. Then the result of the case is obvious. At present, amount of people who was hurt by Guo Wengui have sued him in New York. The only favorable for Guo Wengui is that the inefficiency of US judiciary could bring him dying life.
8. Crime of infringing on the personal information
Guo Wengui obtain Hainan Airlines passenger personal information through Song Jun, Ma Cong, and pay them from overseas. Song Jun and Ma Cong provided the so-called "internal information" is a large number of passengers’ information, flight takeoff and landing time and machine models, etc. of the Hainan Airlines business jet. The information not only including the passenger's name, photo, address, telephone, passport information, but also the whereabouts of passengers and other personal information which reflected by aircraft flights and flight records. When Song Jun asked Guo Wengui why he needs this information, Guo Wengui lied that the people who take the business jet are "upper class" which can reflect the trend of China's economy.
However, after Guo Wengui gets this information, he made misinterpretation and falsify significant rumors. If the passengers including women, Guo Wengui could be able to make a facetiae; if the airplane is brand new, that is the Hainan airline bought a gift to the relatives of leadership; if the passengers who often take the business plane, then he must hold the share of the airline ... ... after Song Jun was detained, he said, ‘Guo Wengui talk nonsense by these information lip service. He was completely betrayed.
China's criminal law:
a. in violation of the relevant provisions of the state, to sell or provide personal information, if the circumstances are serious, the criminal shall be sentenced less than three years imprisonment or criminal detention with a fine; if the circumstances are particularly serious, the criminal shall be sentenced three years to seven years imprisonment with a fine.
b. in violation of the relevant provisions of the state, the criminal who obtained, sold or provided to personal information in the course of performing his duties or providing services shall be punished heavier in accordance with the provisions of the preceding paragraph.
The US deals with the case as civil proceedings of violating citizens' privacy. But once the number of involved people is too much, it may form a class action, so that the criminal would assume the heavier liability.
9. Crime of wiretapping
No matter where Guo is, he never respected the local law. Recently, a recording spreading online showed that Guo Wengui arranged Wang Yanping to bargain with an American and asked him to monitor the others’ phone and intercept e-mail. Although the American said that it is illegal in the US, t Guo and his personal assistant Wang said, "Money is not a problem."
In China, in accordance with the provisions of the law, eavesdropping would be punished by the public security organs to under 5 days of detention or a fine under 500 yuan; the heavier circumstances, would be 5 days to 10 days detention, and impose a fine under 500 yuan.
While the US takes personal privacy more seriously. Unless to stop and expose the crime, anyone for any reason to eavesdrop on others is illegal. According to the "United States Code", Guo and Wang were suspected of illegally obtaining other people's e-mail, eavesdropping, intercepting others’ contact information crime, and the crime of using telephone records, tracking, and check the device crime illegally. In addition, the person who was eavesdropped can sue a civil tort complaint to claim compensation.
Everyone have the peep, but the exile tycoon peeped without any unabashed which is sick, because he desired to meet the various lust.
10. Crime of passport and visa fraud
Guo Wengui, an "Abu Dhabi citizens" claimed to own a US green card. But, in fact, as other illegal immigrants he is fearful and worries about the about to expire visa. In a recording on the Internet, Guo Wengui instructed the personal assistant Wang Yanping to contact the US lawyer, and shameless asked for assisting in forging staff documents to obtain L1 visa. In order to be able to forge documents and continue to stay in the US, Guo directly gave the price of "10 million, 200,000 US dollars."
Guo Wengui suspected of the US passport and visa fraud crime. Once convicted, he will face imprisonment and fines. Of course there is also a "better" ending, according to the US Immigration Act, even if have obtained the visa by fraud, he will be deported and blacklisted of prohibit the issuance of a visa again. At that time, do not know the tycoon evil will hide in which corner of the world, and continue to trample the local law.
There is an old saying in Chinese, "Do not do too much injustice, you will pay for that." Coincidentally, there is the same saying in English: Give a thief enough rope and he'll hang himself. Although the laws of each country are not the same, the attitude to crime in the world is the same. Guo Wengui walks on the end of the road, despite showed his poor acting, but his fig leaf has been torn off. The death knell has been sounded; Guo Wengui is not far from the final trial.
没有评论:
发表评论