The Supreme People's Procuratorate disclosed that Bai Jing, a typical case of anti-corruption, embezzled nearly 200 million yuan

Members of the case-handling team of the Hohhot Municipal People's Procuratorate discuss the facts of Bai Jing's case.

Beijing, 9 Dec (China Youth Daily) -- The Supreme People's Procuratorate today held a press conference on "Actively Applying the Procedures for confiscating Illegal Gains and Promoting the International Pursuit and Recovery of Stolen Goods against Corruption" today, releasing the 32nd batch of Guiding Cases of the Supreme People's Procuratorate, and the "100 Red Notice Personnel" No. 32 Bai Jing Embezzlement and Illegal Gains Confiscation Case was selected as the Guiding Case.

The Supreme People's Procuratorate disclosed that the criminal suspect, Bai Jing, was the former director of the Local Currency Investment Division of the Investment Center of the Financial Markets Department of the Agricultural Bank of China (hereinafter referred to as "Bank A"). From 2008 to 2010, Bai Jing, together with Fan X (who had served as the assistant general manager of the fixed income securities headquarters of the investment banking division of a state-controlled B securities company and the general manager of the sales and trading department of the fixed income securities headquarters, and handled a separate case) and others successively established company A and company B, and opened a general account for funds and a class C account for interbank bond transactions for the above two companies in Bank C Co., Ltd.

Bai Jing and Fan X took advantage of their respective positions in charge of bond trading business in Bank A and B Securities Company to purchase or sell bonds at Bank A, or in the process of using the qualifications and credit of B Securities Company to entrust other banks to purchase and operate bank bonds on their behalf, they added trading links, introduced Company A and Company B, which Bai Jing actually controlled, into the transaction process, so that the above two companies could conduct related party transactions with Bank A and B Securities Company, and arbitrage the due interests of Bank A and B Securities Company.

Through the above method, Bai Jing manipulated the trading of 73 bonds, and Company A and Company B arbitraged state-owned funds totaling more than 206 million yuan without investing any funds. Among them, more than 4 million yuan was occupied and used by Fan Moumou, most of the other funds were occupied and used by Bai Jing, and Bai Jing used more than 145 million yuan to purchase 9 properties with full payment methods, registered in the names of his wife and other relatives. The 9 properties were seized by the case-handling organs in accordance with the law.

On September 9, 2013, the Inner Mongolia Autonomous Region Public Security Department filed a case against Bai Jing on suspicion of embezzlement of office, and found that Qing Jing had fled abroad on July 31, 2013.

On December 7, 2013, the People's Procuratorate of the Inner Mongolia Autonomous Region approved Bai Jing's arrest, and on December 17 of the same year, Interpol issued a red notice to Bai Jing.

On February 2, 2019, the Inner Mongolia Autonomous Region Public Security Department transferred bai jing's suspected corruption to the Inner Mongolia Autonomous Region Supervision Commission, and on February 28 of the same year, the Inner Mongolia Autonomous Region Supervision Commission opened a case against Bai Jing. On May 20 of the same year, the Inner Mongolia Autonomous Region Supervision Commission transferred the Opinion on the Confiscation of Illegal Gains to the Inner Mongolia Autonomous Region People's Procuratorate. On May 24 of the same year, the People's Procuratorate of the Inner Mongolia Autonomous Region handed over the case to the Hohhot Municipal People's Procuratorate. On June 6 of the same year, the Hohhot Municipal People's Procuratorate submitted an application to the Hohhot Intermediate People's Court for the confiscation of illegal gains. Interested parties and their agents ad litem applied to participate in the litigation during the court's announcement period, and did not raise any objection to the procuratorate's application for confiscation of illegal gains.

On November 13, 2020, the Hohhot Intermediate People's Court issued a ruling on the confiscation of illegal gains, confiscating 9 properties purchased by Bai Jing using the illegal proceeds of embezzlement in accordance with the law.

The Supreme People's Procuratorate disclosed that when the inner Mongolia Autonomous Region procuratorate intervened in Bai Jing's case in advance, the review found insufficient evidence to prove that Bai Jing constituted the identity of the subject of the crime of embezzlement, and the co-offender Fan X had been prosecuted by the Saihan District People's Procuratorate of Hohhot City for the crime of embezzlement of office.

The procuratorial organs reviewed bai jing's case and Fan's case together in accordance with the law, and suggested that the Inner Mongolia Autonomous Region Supervision Commission further supplement the collection of evidence for the identities of the two subjects. On the basis of the list of supplementary and perfect evidence listed by the procuratorial organs, the Supervision Organs supplemented and collected evidence such as the minutes of the party committee meeting of Bank A, the minutes of the party-government joint meeting of the B securities company, and the appointment documents, proving that Bai Jing and Fan X were both state functionaries, and the joint criminal acts of the two taking advantage of their positions to embezzle state-owned assets should be characterized as the crime of embezzlement.

After fully communicating with the Supervision Organs, public security organs, and people's courts on issues such as new evidence and applicable procedures in the case, the procuratorial organs applied the procedures for confiscation of illegal gains in accordance with law to apply for the confiscation of Bai Jing's proceeds of corruption, and changed the charges against Fan X in accordance with law.

During the investigation period, the Supervision Organs sealed, seized, and frozen 11 houses of property and some funds under the name of Bai Jing's relatives in accordance with law, and the Opinion on Confiscation of Illegal Gains determined that the above-mentioned assets were all derived from Bai Jing's embezzlement and criminal gains, and recommended that the procuratorial organs apply for confiscation in accordance with law.

The procuratorial organs reviewed and held that the 9 houses of property seized by the supervision organs were purchased by full payment, all registered in the name of Bai Jing's relatives, but the registered purchasers did not contribute capital and did not know about the 9 properties; the funds for the purchase of the 9 properties came from the bank accounts of Company A and Company B that Bai Jing actually controlled; and Bai Jing and Fan X used their positions to facilitate the arbitrage of funds from Bank A and Company B and transferred them to the bank accounts of Company A and Company B. According to the available evidence, it can be determined that the 9 properties originated from Bai Jing's embezzlement proceeds.

The Supreme People's Procuratorate disclosed that the evidence in this case was complicated and professional, and Bai Jing's criminal means of embezzlement were secret and the process was complicated, and in the seemingly normal process of interbank bond trading, the company under his control was introduced into the trading process, and by increasing the transaction links and controlling the transaction price, he arbitraged the due interests of Bank A and B securities company by buying low and selling high. Criminal acts involve the transaction process, trading strategy, trading elements and other professional knowledge of interbank bond trading, which are not well known to the general public.

On October 14, 2020, when the Hohhot Intermediate People's Court held a public hearing on Bai Jing's case of confiscation of illegal gains from embezzlement, the procuratorial organ applied for an expert evaluator to appear in court to explain the content of the accounting appraisal opinion, and conducted a comprehensive analysis of Bai Jing's manipulation of the bond trading process and the flow of illegal funds, which strongly proved the facts of Bai Jing's corruption crime and the flow of embezzlement proceeds.

During the trial, the procuratorial organs presented relevant evidence against Bai Jing's corruption crimes. By presenting evidence such as employment documents and meeting minutes, it is proved that Bai Jing meets the main requirements of the crime of embezzlement; using multimedia classification and demonstration methods, bai jing's manipulation process of bond transactions is shown step by step, proving that she has taken advantage of her position to carry out corruption crimes. The 9 properties that applied for confiscation were the illegal proceeds of Bai Jing's embezzlement.

Source: China Youth Daily client