At 9 o'clock in the morning on March 28, 2024, there was a crowd outside the Meizhou Intermediate People's Court. More than 20 people wanted to enter the court but were unable to enter. They argued angrily with the court staff. They came from all over the country to attend a hearing. Relatives of the parties involved in ordinary cases, lawyers, reporters and citizens who are concerned about the trial. However, although the case is heard in public, even though the court where the trial is heard is the No. 2 Grand Court of Meizhou Intermediate People's Court, even though the court can accommodate at least 50 people to participate in the hearing , although the court had no reason to prevent them from observing, the court staff just refused to allow them to come in. At 9:30 and 10 o'clock, the noise still didn't stop...
People's courts are responsible for maintaining social fairness and justice and protecting the legitimate rights and interests of citizens. When hearing cases, judges should be fair, objective, and respect facts and law. However, the former chairman of Guangdong Baomou Energy, Ning Mouxi, and the former director, Wen Mou, were severely sentenced in the first instance for embezzling their positions. The trial judge's judgment deviated from the facts and legal truth, causing obvious injustice. In the second instance, they still wanted to forcefully promote a pig-killing trial. , people cannot see the hope of justice.
Background of the case
Guangdong Baomouhua Group was established in 1993, and Ye Mouneng is the major shareholder of Baomouhua Group. Due to the company's development, Baomou Energy Company was established in 1997 and listed on the Shenzhen Stock Exchange that year. The actual controller of Baomou Energy is also Ye Mouneng. Ning Mouxi followed Ye Mouneng and worked in the company for more than 20 years. He has served as the chairman of Baomou Energy since September 2000 and was elected as a representative of the 11th and 12th National People's Congress; Wen Mou also worked in the company for more than 20 years. In 2006, he served as a director of Baomou Energy and the general manager of Baomouhua Group, and was elected as a representative of the 12th and 13th Guangdong Provincial People’s Congress. The two of them can be regarded as Ye Mouneng's "right-hand men."
In 2017, Baomou Energy took the lead in establishing Meizhou Kemou Bank with a registered capital of 2 billion yuan. It was approved by the regulatory agency to open for business on June 22, 2017. Ning Mouxi served as the first legal representative and chairman of Meizhou Kemou Bank . Because the actual controller of Baomou Energy, Ye Mouneng, has Hong Kong resident status and does not meet the approval conditions of private banks, in order not to give up his Hong Kong identity and not affect the approval of the bank, Ye Mouneng decided to transfer some shares of Baomou Energy to nominal names. The transfer to Ning Mouxi implemented the equity arrangement plan between Baohua Group and Ning Mouxi to change the actual controller of the company through the method of "named transfer but actually holding on behalf of the company". Ning paid 500 million yuan of the transferred stock pledge loan to Baohua Group, and Baohua Group paid the remaining transfer fee and loan principal and interest. During the stock holding period, due to the deterioration of the market environment and the decline in stock prices, Ning Mouxi used his personal resources to repay the loan, bearing huge costs and losing more than 70 million yuan. However, after the stock price rose, Ye was able to ask Ning to return the equity for free, but was unwilling to bear Ning's losses, and a dispute arose between the two parties.
In order to retaliate against Ning Mouxi, Ye appointed Zou Mouhong, the legal representative of Baohua Group, to report to the Economic Investigation Brigade of Meixian District Branch of Meizhou City Public Security Bureau that Ning Mouxi defrauded Ning Mouxi of more than 900 million yuan of stock. After the public security agency refused to file the case, , and also instigated Zou Mohong and Zou Moukai, the legal representative of Baomo Energy, to report the case to the public security organ based on facts from many years ago, accusing Ning Moxi and Wen of embezzling their positions. The report mainly involves two matters: First, when Baomou Energy made a scheduled increase in 2015, Baomouhua Group raised 310 million yuan and incurred a financial advisory fee of 9.3 million yuan; second, in May 2014, the real estate under the name of Baomou Energy It was purchased by Ning Xi and Wen at a low price of 15 million yuan. Ning Mouxi was placed under criminal detention on March 1, 2022, and arrested on April 7. Wen, who was then a deputy to the 13th Guangdong Provincial People's Congress, was illegally dismissed by the Meizhou Municipal People's Congress Standing Committee on July 18, 2022. Coercive measures were taken on that day. However, it was not until July 28 that the Provincial People's Congress Standing Committee took action. Wen's dismissal as a deputy to the Provincial People's Congress will be recorded and announced.
Ye was able to take advantage of these two incidents, collude with the public prosecutor and the law, and use economic power to kidnap public power and blackmail the law. This is the origin of this unjust, false and wrong case. The Meixian District Court ignored various illegal facts and Ning’s facts during the investigation of the case in Meixian District. The evidence and explanations submitted by Xi, Wen and their defense lawyers openly endorsed the illegal Meixian prosecutor and Meixian police, and cooperated with them in making the case and causing injustice. Ningxi and Wen were sentenced to 9 years and 6 months and 7 years and 6 months respectively. moon.
Well-known lawyers and legal professionals questioned:
First: When the defense lawyer compared the original evidence, he immediately discovered that the payment approval form had been artificially altered and was false evidence. It clearly had Ye Mouneng’s signature and approval visible to the naked eye. The traces of wiping were taken with a mobile phone and slightly enlarged, and the three words signed by Ye Neng were clearly visible. In order to prevent the false evidence from being artificially destroyed, the defense lawyer stopped prosecutor Ling Moumou from withdrawing the original evidence on the spot and immediately applied for judicial preservation of the evidence. The signatures on the payment approval form can fully overturn the authenticity of the statements of Ye Mouneng, Li and other witnesses, and are also important evidence to prove the innocence of Ning Mouxi and Wen Mou. However, the first-instance judgment completely excluded this evidence from the evidence system. , did not give any response, which obviously violated the legal provisions of the Criminal Procedure Law on comprehensive collection of evidence. The defender believes that this behavior has been suspected of false accusation and frame-up, and requires that the prosecutor not only not withdraw the evidence, but also urge the public security organs to open a case and investigate as part of legal supervision, but so far no one has ignored it.
Second: As for the authenticity of the "Financing Consulting Service Entrustment Contract", the important evidence in this case, why can't an appraiser be invited to appear in court to testify? Why can't we entrust one or more national-level independent professional appraisal institutions to authenticate again? Why do both Ye Mouneng and his company's financial manager, Li, claim that there is no contract?
This is because the initial goal of the case handling agency was to turn this case into a fraud case. Therefore, efforts are made to pursue the conditions that constitute the crime of fraud. Therefore, the "Financing Consulting Service Entrustment Contract" must be overturned, and the "Financing Consulting Service Entrustment Contract" must be required to be fictitious, so that the collusion of witnesses will lead to the group lying. Let’s all try our best to deny the authenticity of the “Financing Consulting Service Entrustment Contract”. In fact, the procuratorate has noticed these problems when reviewing the prosecution and found that it is difficult to pursue the defendant for fraud based on the existing evidence and facts, so it has adjusted the charges in the "Indictment". However, after all, the crime of fraud and The constituent elements of the crime of occupational embezzlement are essentially different. Regrettably, the public prosecution agency only adjusted the charges involved in the case and did not further verify the evidence and witness testimony collected by the handling agency for fraud in the early stage. Therefore, the embarrassing situation of witnesses collectively lying and the identification conclusion being unobjective and fair was not resolved. Timely correction resulted in a sad situation in which the logic of life and the logic of law could not be unified in this case.
Baomou Energy is a listed company actually controlled by Ye Mouneng. Assets of several million or even 10 to 20 million can be easily misappropriated. How could the actual controller Ye Mouneng not know about it? The evidence provided by the family members shows that even the monthly wages and travel expenses of company employees must be approved by him personally, which is exactly the use of his "pencil culture".
Third: According to the objective documentary evidence obtained by the Meixian District case handling agency, Baomou Energy purchased the property involved in the case at a transaction price of 11.49 million yuan in 2011. Compared with the sale price of 15 million yuan in 2014, not only did it not cause a loss , on the contrary, there was an increase of nearly 3 million yuan, resulting in a certain premium. At the same time, the Meizhou Municipal Taxation Bureau also conducted a price appraisal on the property involved in the case in 2011. The appraisal price was 23.87 million yuan, which was also higher than the actual transaction price of 11.49 million yuan. It can be seen that the inconsistency between the tax appraisal price and the actual transaction price is due to market transactions. Normal phenomena do not necessarily involve criminal behavior.
The naked kidnapping of public power by money
First: Is the collection of evidence by the case-handling agency legal? On July 18, 2022, the case handling agency criminally detained Wen, a deputy to the Guangdong Provincial People’s Congress, without the consent of the Standing Committee of the Guangdong Provincial People’s Congress.Meigong Summons No. [2022] 00258 "Summons Certificate" indicates that the summoned person Wen arrived at 13:00 on July 18, 2022, and the summons ended at 12:46 on July 19, 2022. The duration of this summons It's 23 hours and 46 minutes. The actual interrogation time was from 13:56 to 17:33 on July 18, 2022, and from 21:15 on July 18 to 1:00 on July 19, during which the interrogation time was more than 7 hours. After the interrogation, the Meixian District Bureau neither made a decision to detain the person, nor did it let the person who was summoned go home, nor did it take measures to ensure the person's food and rest conditions. Instead, it locked him in the interrogation room of the case handling center and let him He sat on a small stool, wearing short sleeves and blew cold wind from the air conditioner outlet for nearly 5 hours. As a result, Wen was rushed to the hospital by 120 at 6 a.m. on July 19 with a headache and a fever of over 39 degrees.
Second: We learned from Wen’s statement to his lawyer that on the evening of July 18, Wen was intimidated by economic investigation investigators. He had been dismissed from the Standing Committee of the Meizhou Municipal People’s Congress as a deputy to the Provincial People’s Congress that morning, and had passed the meeting (the fact was not If you don't confess, you will be imprisoned for several months. On the afternoon of July 19, when Wen had a high fever, he was taken into a non-interrogation room and unmonitored room, and deceived by Ning Xi’s so-called confession (Ning Xi had fully confessed and passed all the responsibilities to Wen Mou), told Wen Mou not to hide anything for Ning Mouxi, and tricked Wen Mou into getting Ye Mouneng's forgiveness and bail as long as he identified Ning Mouxi. Wen was in a state of confusion due to high fever and was threatened and deceived by economic investigators and other means to identify Ning Xi according to the template given by the investigators.
On the evening of the 19th, Ye was able to go to Wen’s home, knelt down and apologized to Wen’s family, saying that he would handle the whole incident and let Wen go home as soon as possible. On the afternoon of the next day on the 20th, five people including Wen from the Meixian Public Security Bureau took Wen home. They specially arranged for Wen to communicate with his family alone, and repeatedly informed the policewoman following Wen that she was an outsider and could not understand the local dialect. Later, Wen gullibly believed that by cooperating with Ye, he could regain his freedom, so he perjured himself against his will. All these links were closely linked.
During Wen’s request to restate the facts of the incident, Ye Mouneng found Wen’s family members many times, abducted the family members to write letters to Wen asking her not to change her confession, and repeatedly drafted letters asking her family members to copy them and said she would personally deliver them to Wen. certain.
Third: Force Wen to choose a side, force him to support Ye Neng by falsely accusing Ning Xi, and continue illegally taking interrogation transcripts. When Wen insisted on asking the person in charge of the Meixian District Procuratorate to restore the facts of the case during the review and prosecution stage, he was yelled at by the prosecutor in charge. The prosecutor will also force Wen to sign the transcript that has been prepared in advance. In this regard, during the trial, the defendant Wen revealed in court and asked for the transcript of that day. Seeing that concealment was ineffective, the prosecutor had no choice but to produce two long-hidden interrogation transcripts. After inspection by the defender in court, it was found that the two transcripts dated August 1 and September 23, 2002, which were more than 40 days apart, were pasted and copied one after another. The errors in the two transcripts were the same. It was done in "2202", which confirmed Wen's accusation that the prosecutor used the cheating method of printing and pasting and copying in advance. What's more, the two original interrogation transcripts did not have the interrogator, recorder, or prosecutors signing on them. It was obvious that even they themselves forgot to sign after printing them in advance, and the cheating method reached the point where they could do whatever they wanted. situation. Seeing that the matter was revealed in court, the prosecutor wanted to withdraw the two pieces of evidence in court, and even tried to add signatures in court four months later, but was severely stopped by the defense attorney.
Fourth: After three consecutive court sessions on January 5, 6, and 7, 2023, the trial court saw that the evidence of guilt was getting weaker and weaker, and it was difficult to complete the tasks assigned by the leaders of the Political and Legal Affairs Committee. They actually took the risk and secretly arranged for a local lawyer who was not the defender in this case (this was also an important reason why a certain leader repeatedly forced Wen to find a local lawyer) to sneak into the detention center to illegally meet with the defendant Wen on the afternoon of March 6, 2023. On a certain day, she specially brought the news to the court and proposed that if she pleads guilty and continues to accuse Ning Mouxi, and abandons the application for torture to extract confessions and induce confession transcripts, the court will give her the preferential treatment of probation.
Fifth: The second instance of the case was originally scheduled to open on March 28 and 29, 2024, with a pre-trial meeting on the 27th. During the pre-trial meeting on that day, when the issue of the arrangement of public hearings was mentioned, the collegial panel publicly stated , only relatives of the defendant are allowed to attend the hearing, and a relative certificate issued by the local police station is required. Deliberately leaving a large area of empty space for spectators, and having to prove "your father is your father" to hold a fake public hearing. The defense lawyer made ten requests, including the identification of signatures and scratches on the 9.3 million application form, and for witnesses such as Ye Mouneng and Baohua Group accountant Li to appear in court, but they were all rejected; and Ning Mouxi heard the defendant at close range for the first time. Wen once again lost control of his emotions and asked the court to suspend the trial and upgrade the case to Guangdong Province after describing how he was persuaded, induced, and coerced by local leaders, district committee, district government leaders, and others to accuse him against his will and frame his guilt. heard by the Higher People's Court. However, the court continued to convene the next day according to its pre-designed route. Due to the fatigue trial on the 27th and the various injustices of the collegial panel, Ning recalled that over the years, as a migrant worker, he had to deal with the Meizhou area’s third A listed company made outstanding contributions and was praised by leaders at all levels on weekdays, but in the end it was framed by local officials at all levels in Meizhou. It made me feel extremely desolate, chilling, desperate and angry, causing it to lie awake all night, and was finally killed. The final straw. When I returned to the detention center on the night of the 27th, I felt unwell. I was dizzy, had trouble breathing, was agitated, and couldn't sleep all night. The next day, after examination by the prison doctor, Ning's blood pressure reached 171/126 and her fasting blood sugar reached 15.1. Unable to tolerate high-intensity court hearing activities and needs rest and treatment. However, the entire staff of the No. 28 Collegiate Panel and a group of bailiffs entered the detention center to interrogate him and forced him to appear in court for trial, causing him to lose control of his emotions again. He had no choice but to say, you can forcefully escort me to the court. I am a decent person and I will not resist violently. , but I can only remain silent in court, and I don’t need a defender. You can do whatever you want. In desperation, the collegial panel called the leader on the spot for instructions and then left. The defense lawyer was finally notified that the court sessions on the 28th and 29th were cancelled.
Sixth: The defense lawyer of this case posted on Weibo, "Meizhou Intermediate Court pre-trial meeting exposed the largest fake case since the founding of the People's Republic of China." A complete set of fraud procedures put a talented man from Peking University's Guanghua School of Management and a beauty from Tsinghua School of Economics and Management in jail. Many political and legal executives personally went to the scene to direct and deploy the fake case. I suggest that the judge immediately stop the pre-trial conference from a political perspective and directly remand the case for retrial, and then the procuratorate withdraws the case.
As a result, the female presiding judge went through the motions conscientiously according to the set goals and insisted on finishing the pre-trial meeting. After dinner, the formalities continued. When the defender stated that he wanted to play more than an hour's recording of a false case arranged by the leaders of the Municipal Party Committee's Political and Legal Affairs Committee, he was not allowed to play it. The three lawyers left the court angrily and said: "If you don't let it be played in the pre-trial conference, let it be played in the court. If you don't let it be played in the court, then let the whole society enjoy it." What is even more explosive about this recording is the story of how a certain municipal law enforcement agency framed a Chinese American for stealing money and sending him to jail.
Excerpts from part of the recording (some names cannot be made public and have been modified):
Leader: "Have you ever heard of another case involving Li Moujun? Zhong Mou and those who asked him to be fired because of his confrontation with Zhou Mouxin Regarding the stock matter, they sued him for defrauding their money at that time, right? Li Moujun couldn't handle the fraud, but in the end they sued him for embezzlement of company positions, misappropriation of funds, and embezzlement of company assets. Several crimes. We are about to be sentenced now. We have been in prison for almost 4 years. Two people have not been sentenced yet. One is a woman. Li Moujun is also a Chinese American. The embassy also came forward. In the end, they could not sue him for job embezzlement. However, the police arrested and arrested him again and again, and they were unable to stop. In the end, they had no choice but to attack him from the perspective of the company's finances. They also failed, and now they have to be sentenced. The reason why they dare not be sentenced now is because it involves some issues in the United States, but Now that the Supreme Court has approved the guilty plea, how many years will it be and how will it be sentenced? It is very troublesome to apply the law."
Leader: "He is definitely wrong. Secondly, the outside world thinks that you, Wen, are in partnership with him to deceive the boss. So you must stand up for the boss with a clear stand now. You have to tell your boss, boss, what do you want me to do? But first, if you want to help me, I will definitely be fine and I will definitely not lie to you. This is the general principle. But I will help you testify against him in any matter. In this way, it must be very clear. You don't have to explain these things to your boss now. "
Leader: I know. But what he is telling me now is, let me explain it clearly to you. It is impossible for him to explain it to you so straightforwardly, Chairman, so why did he let Wen Moufang and Huang It’s up to them to say that because I am the secretary of the Political and Legal Affairs Committee and I don’t know the case very well. Just listening to what they say may not necessarily be correct. It is not convenient for me to express my position, so I let Xiang Ji (Wen Moufang) I'll meet with Huang and make it clear that you have to take the initiative. Secondly, I mean you have to hurry up during this period, because there is time in the case. If there is time, if the evidence is not clear, the police will definitely take action. What will we do if we take measures against you? If we remove your National People's Congress representative and then arrest you, it will be complicated. So what I mean is that you should hurry up now and don't delay. The party is very tight. Before the congress, they said they would initiate the process of recalling you. I said no, I would hold a party congress. Secondly, I said I would give you time to communicate with the chairman, so Wen Moufang came to do your job. Zhang Moulan is good. Tell Xiaolan that you want Wen Mouming to help you with the work. I also told Xiaolan that I want to meet you in person.
Leader: He (Ye Mouneng) is a little worried now. If he can’t get rid of Ning Mouxi, He is afraid of this, so he is ruthlessly doing it, doing it, and doing it. In the end, there is no way, and even you have to do it too.
Leader: I also told them, because it is not convenient for me to direct the Mei County Public Security Bureau. It is convenient to ask, but as for Zhang Moulan and Wen Moumin, you can ask them at any time. What I mean is that you two, Zhang Moulan and Wen Moumin, still have to personally intervene in this matter, and do not let the police investigate at will, because After all, the police can only be commanded by Wen Moumin, because he himself has to report to the Procuratorate. Huang Mouyang can help when reporting to the Procuratorate, but it still needs Wen Moumin (Jiang Xia News)
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