Source: China Economic Network
China Economic Net Beijing, April 19, 2021 The Administrative Penalty Decision of the Sichuan Regulatory Bureau of the China Securities Regulatory Commission ([2021] No. 5) and the Decision of the Sichuan Regulatory Bureau of the China Securities Regulatory Commission ([2021] No. 1) recently published on the website of the China Securities Regulatory Commission show that Liu Jiajie has the following illegal facts:
1. Liu Jiajie is a securities practitioner
From July 2005 to February 2019, Liu Jiajie worked or held positions in the Chengdu East Street Sales Department of Huaxi Securities, the Lime Street Sales Department of Southwest Securities, and the Sales Department of Chengdu Shuncheng Street of Yintai Securities. In December 2014, he was appointed as the general manager of the sales department of Chengdu Shuncheng Street of Yintai Securities. On July 1, 2009, he obtained the qualification of securities practitioner. In December 2014, he obtained the qualification of securities investment consulting business.
2. Liu Jiajie illegally bought and sold stocks through the accounts of others
(1) Liu Jiajie illegally bought and sold stocks through the "Zhang Mouzhen" Southwest Securities Account1
Zhang Mouzhen is liu Jiajie's second aunt. "Zhang Mouzhen" Southwest Securities Account 1 was opened in Southwest Securities Sichuan Branch on June 16, 2008, which was actually used by Liu Jiajie, and the account opening information showed that "Liu Jiajie was authorized to handle all business", and the tripartite depository bank account was 2828 accounts of ICBC, which was later changed to 7777 accounts of Minsheng Bank.
From December 2010 to October 2014, Liu Jiajie controlled the use of "Zhang Mouzhen" Southwest Securities Account 1 to buy and sell stocks, accumulatively placing 811 orders, and the stock transaction amount was 3.14 million yuan. During the period, the MAC address and hard disk serial number of the entrusted order of the account coincided with the "Zhang Mouzhen" Southwest Securities Account 2 in large quantities, and partially coincided with the "Zhang Mouzhen" Yintai Securities Account, the "Xu Mouzhen" Yintai Securities Account, and the "Li Mouping" Yintai Securities Account, and a large number of overlapping addresses were the 20-10-7A-13-0A-60 addresses provided by Liu Jiajie's mother, Zhang Mouhua. From December 2010 to October 2014, Liu Jiajie controlled the use of this account to buy and sell stocks for a profit of 13,400 yuan (tax deducted).
(2) Liu Jiajie illegally bought and sold stocks through the "Zhang Mouzhen" Southwest Securities Account 2
"Zhang Mouzhen" Southwest Securities Account 2 was opened on April 29, 2010 in the Sales Department of Shanghai Tianlin East Road of Southwest Securities, with a capital account 381027888, a shareholder account under A285704539 and 0141463642, and a tripartite depository bank account with the tail number of Minsheng Bank 7529.
From June 2010 to October 2014, Liu Jiajie controlled the use of "Zhang Mouzhen" Southwest Securities Account 2 to buy and sell stocks, accumulatively placing 7,671 orders with a total transaction amount of 95.66 million yuan. During the period, the MAC address and hard disk serial number of the account entrusted to place orders coincided with the "Zhang Mouzhen" Southwest Securities Account 1, the "Zhang Mouzhen" Yintai Securities Account, the "Li Mouping" Yintai Securities Account, and the "Xu Mou" Yintai Securities Account, and there was a record of the entrusted orders of Liu Jiajie's mobile phone tail number 4669. From June 2010 to October 2014, Liu Jiajie controlled the use of this account to buy and sell stocks to make a profit of 29,000 yuan (tax deducted).
(3) Liu Jiajie illegally bought and sold stocks through the "Zhang Mouzhen" Yintai Securities account
"Zhang Mouzhen" Yintai Securities account was opened on February 25, 2014 in yintai securities Shuncheng Street Business Department, the capital account number is 3500000888, the lower shareholder account is A469951770, 0141463642, the tripartite depository bank account is Minsheng Bank tail number 7529, the marketer is registered as Huang Mouxiang, and the account opening reviewer is registered as Liu Jiajie.
From May 2014 to February 2019, Liu Jiajie controlled the use of "Zhang Mouzhen" Yintai Securities account to buy and sell stocks, and accumulated 5,454 orders, with a total transaction amount of 306.37 million yuan. During the period, the MAC address and hard disk serial number of the entrusted order of the account overlapped with the "Zhang Mouzhen" Southwest Securities Account, the "Li Mouping" Yintai Securities Account, the "Xu Mou" Yintai Securities Account, and the "Cao Mou" Yintai Securities Account, and there were a large number of mobile phone tail number 2999 records actually used by Liu Jiajie. From May 2014 to February 2019, Liu Jiajie controlled the cumulative loss of 420,300 yuan (tax deducted) using the account. Liu Jiajie obtained a commission commission of 38,600 yuan through the bank account of "Huang Mouxiang".
(4) Liu Jiajie illegally bought and sold stocks through the two financial accounts of "Zhang Mouzhen" Yintai Securities
"Zhang Mouzhen" Yintai Securities Liangrong account was opened on February 25, 2014 in yintai securities Shuncheng Street business department, the capital account 3590000010, the next shareholder account is E026724460, 0602686985.
From January 2015 to February 2019, Liu Jiajie controlled the use of "Zhang Mouzhen" two financial accounts to buy and sell stocks, accumulatively placing 333 orders with a transaction amount of 18.65 million yuan. The mac address and hard disk serial number of the trading account coincided with the "Zhang Mouzhen" Yintai Securities account, the "Li Mouping" Yintai Securities account and the "Xu Mou" Yintai Securities account, and there were a number of order records of Liu Jiajie's mobile phone tail number 4669 and Liu Jiajie's mother Zhang Mouhua provided records for the 20-10-7A-13-0A-60 address. From January 2015 to February 2019, Liu Jiajie controlled the cumulative loss of 2.2523 million yuan (tax deducted) using the account. Liu Jiajie obtained a commission of 0.15 million yuan from the "Huang Mouxiang" bank account.
In summary, Liu Jiajie actually controlled and used 2 "Zhang Mouzhen" Southwest Securities accounts, "Zhang Mouzhen" Yintai Securities accounts and two financial accounts to buy and sell stocks, with a total transaction amount of 423.82 million yuan and a total transaction loss of 2.6302 million yuan. Liu Jiajie obtained a commission commission of 40,100 yuan from the "Zhang Mouzhen" Yintai Securities account through the "Huang Mouxiang" bank account.
Third, Liu Jiajie privately accepts the entrustment of customers to buy and sell stocks
(1) Liu Jiajie actually operated 6 accounts such as "Xu Mou" and "Li Mouping"
During the period involved in the case, there was a large number of on-site trading equipment addresses of the sales department of Chengdu Shuncheng Avenue in the MAC address and IP address of "Xu X", "Li Mouping", "Li Mou ping", "LianTou Tao Strategy", "Golden Butler No. 1", "Golden Butler No. 3", "Zhang Mouzhen" and "Cao Mou" Yintai Securities Account. There are a large number of 20-10-7A-13-0A-60 addresses provided by Liu Jiajie's mother Zhang Mouhua in the overlapping addresses, and there are a large number of order records in the entrusted order records of the mobile phone tail number 2999, tail number 2888, tail number 2369, and tail number 4669 actually used by Liu Jiajie. The "Xu X", "Li X Ping", "Cao X" and "Zhang X Zhen" Yintai Securities accounts had the convergence of stock trading varieties at several different times during the period involved in the case. Therefore, during the period involved in the case, Liu Jiajie actually operated the securities accounts of "Xu Mou", "Li Mouping", "Cao Mou", "United Investment Taoluo", "Golden Butler No. 1" and "Golden Butler No. 3".
(2) Liu Jiajie privately accepts the entrustment of customers to buy and sell securities
From February 2014 to February 2019, Liu Jiajie privately accepted the client's entrustment to operate the "Xu Mou" Yintai Securities account, with a cumulative number of 43,533 entrusted orders and a cumulative transaction amount of 583346 million yuan. Liu Jiajie borrowed the name of Yintai Securities broker Huang Mouxiang to obtain a trading commission commission of 3.4376 million yuan for the securities account of "Xu Mou".
From August 2015 to February 2019, Liu Jiajie privately accepted the client's entrustment to operate the "Li Mouping" Yintai Securities account, with a total of 1,993 entrusted orders and a cumulative transaction amount of 312.54 million yuan. Liu Jiajie borrowed the name of Yintai Securities broker Huang Mouxiang to obtain a trading commission of 68,800 yuan for the securities account of "Li Mouping".
From May 2018 to February 2019, Liu Jiajie privately accepted the client's entrustment to operate the "Cao" Yintai Securities Securities Account, accumulatively entrusting 319 orders, with a cumulative transaction amount of 12.42 million yuan. It was not found that Liu Jiajie obtained illegal gains through the securities account.
From November 2017 to January 2019, Liu Jiajie privately accepted clients' entrustment to operate the securities accounts opened by three private equity funds in Yintai Securities, namely "United Investment Taoluo", "Golden Butler No. 1" and "Golden Butler No. 3", with a total of 5,453 entrusted transactions and a total transaction amount of 388.23 million yuan. It was not found that Liu Jiajie obtained illegal gains through 3 securities accounts.
In summary, Liu Jiajie privately accepted 3.5064 million yuan of illegal income from the client's entrustment to buy and sell securities. Liu Jiajie's illegal trading of stocks through other people's accounts violated the provisions of Article 43 of the 2005 Securities Law, and the act of privately accepting clients' entrustment to buy and sell securities violated the provisions of Article 145 of the 2005 Securities Law.
In summary, based on the facts, nature, circumstances and degree of social harm of the parties' illegal acts, and in accordance with the provisions of Articles 199 and 215 of the 2005 Securities Law, the Sichuan Regulatory Bureau made the following decisions: 1. Order Liu Jiajie to deal with illegally held stocks in the name of others and impose a fine of 800,000 yuan on Liu Jiajie's act of buying and selling stocks in the name of others. 2. For Liu Jiajie's private acceptance of client entrustment to buy and sell securities, order corrections, give warnings, confiscate 3.5064 million yuan of illegal gains, and impose a fine of 10 million yuan. The total amount of fines and forfeitures was 14.3064 million yuan.
In addition, based on the facts, nature, circumstances and degree of social harm of the parties' illegal acts, and in accordance with the provisions of Article 233 of the Securities Law of 2005 and Articles 3 and 5 of the Provisions on Prohibition of Access to the Securities Market (Order No. 115 of the Securities Regulatory Commission), the Sichuan Regulatory Bureau decided to impose a three-year market ban on Liu Jiajie, and from the date of the Sichuan Regulatory Bureau's announcement of the decision, during the period of prohibition, except for the period of prohibition, except for the former institution to continue to engage in securities business or serve as a director, supervisor of the original listed company, an unlisted public company, In addition to the position of senior management, it is also not allowed to engage in securities business in any other institution or hold the position of director, supervisor or senior management of other listed companies or unlisted public companies.
The party, Liu Jiajie, registered a general securities business practice position in Southwest Securities on July 1, 2009, resigned and deregistered on August 21, 2013, registered a general securities business practice position in Yintai Securities on September 16, 2013, changed to a securities investment consulting (investment consultant) practice position within the institution on December 22, 2014, and resigned and cancelled on April 2, 2020.
Founded in 1999, Southwest Securities Co., Ltd. (Southwest Securities 600369.SH) is a securities company jointly initiated and established by other shareholders on the basis of the former Chongqing Securities Company, the former Chongqing International Trust and Investment Co., Ltd., the former Chongqing Securities Company and the former Chongqing Securities Registration Co., Ltd. At present, the company has a registered capital of 5.645 billion yuan, is a national comprehensive securities company registered in Chongqing, the ninth listed securities company in China and the first listed financial institution in Chongqing. Chongqing Yufu Capital Operation Group Co., Ltd. is the largest shareholder, holding 27.89% of the shares.
Founded in July 2006, Yintai Securities Co., Ltd. is the first securities company approved for establishment during the comprehensive management of the securities industry. The company is registered in Shenzhen, with a registered capital of 1.2 billion yuan, and its main shareholders are Beijing Jiaxin Century Investment Co., Ltd., CDB Financial Leasing Co., Ltd. and Wuhan Zhiyuan Investment Co., Ltd. Yintai Securities has 27 branches, mainly distributed in 25 central cities such as the Pearl River Delta, Yangtze River Delta, Bohai Rim Economic Circle, Jiangsu and Zhejiang regions and the central and western regions. Beijing Jiaxin Century Investment Co., Ltd. is the largest shareholder, holding 91.43% of the shares.
Article 43 of the Securities Law stipulates that the fees charged for securities transactions must be reasonable, and the items of fees, fees and management measures shall be disclosed.
Article 145 of the Securities Law stipulates that securities registration and settlement institutions shall provide centralized registration, depository and settlement services for securities transactions, register in accordance with law and obtain legal personality without the purpose of making profits.
The establishment of a securities registration and settlement institution must be approved by the securities regulatory authority under the State Council.
Article 199 of the Securities Law stipulates that whoever violates the provisions of Article 90 of this Law in soliciting the rights of shareholders shall be ordered to make corrections, give a warning, and may be fined not more than 500,000 yuan.
Article 215 of the Securities Law stipulates that the securities regulatory authority under the State Council shall, in accordance with law, include the compliance of relevant market entities with this Law in the creditworthiness archives of the securities market.
Article 3 of the Provisions on Prohibition of Access to the Securities Market (Order No. 115 of the CSRC) stipulates that if the following persons violate laws, administrative regulations or relevant provisions of the CSRC, and the circumstances are serious, the CSRC may adopt measures to prohibit access to the securities market according to the seriousness of the circumstances:
(1) Directors, supervisors and senior management personnel of issuers, listed companies, unlisted public companies, other information disclosure obligors or other information disclosure obligors;
(2) the controlling shareholder or actual controller of the issuer, listed company or unlisted public company, or the directors, supervisors or senior management personnel of the controlling shareholder or actual controller of the issuer, listed company or unlisted public company;
(3) The directors, supervisors, senior management personnel of a securities company and the responsible persons of their internal business departments, responsible persons of branches or other securities practitioners;
(4) The controlling shareholder or actual controller of a securities company, or the directors, supervisors or senior management personnel of the controlling shareholder or actual controller of a securities company;
(5) Directors, supervisors, senior management personnel of securities service establishments and other personnel engaged in securities service business, and directors, supervisors, or senior management personnel of the actual controllers of securities service establishments or actual controllers of securities service establishments;
(6) Directors, supervisors, senior management personnel of securities investment fund managers, securities investment fund custodians, and responsible persons of their internal business departments and branches or other securities investment fund practitioners;
(7) Other relevant responsible personnel determined by the CSRC to have violated laws, administrative regulations or relevant provisions of the CSRC.
Article 5 of the Provisions on Prohibition of Access to the Securities Market stipulates: Where violations of laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission are serious, measures may be taken to ban access to the securities market for 3 to 5 years against the relevant responsible personnel; where the circumstances are more serious, such as bad behavior, serious disruption of the order of the securities market, serious harm to the interests of investors, or playing a major role in major illegal activities, the relevant responsible personnel may be banned from entering the securities market for 5 to 10 years; Lifelong measures may be taken against the responsible persons from entering the securities market:
(1) Seriously violating laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission, constituting a crime;
(2) Personnel engaged in securities business such as sponsorship, underwriting, asset management, margin financing, and other securities service business, and personnel with legally prescribed duties, deliberately fail to perform obligations provided by laws, administrative regulations, or the China Securities Regulatory Commission, and cause particularly serious consequences;
(3) Violating laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission, employing particularly heinous means such as concealing or fabricating important facts, or the amount involved in the case is particularly large;
(4) Violating laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission, engaging in illegal conduct such as fraudulent issuance, insider trading, or market manipulation, seriously disrupting the order of the securities or futures markets and causing a serious social impact, or obtaining a particularly large amount of improper benefits such as illegal gains, or causing particularly serious harm to the interests of investors;
(5) Violating laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission, where the circumstances are serious, and measures to prohibit access to the securities market shall be employed, and there is conduct that obstructs or resists the securities regulatory authority and its staff from lawfully exercising their powers of supervision, inspection, or investigation by the securities regulatory authority or its staff, such as deliberately issuing false and important evidence, concealing or destroying important evidence;
(6) Being given administrative penalties by the China Securities Regulatory Commission more than 3 times in 5-6 years in addition to warnings for violating laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission, or having been banned from the securities market within 5 years;
(7) Organizing, planning, leading, or carrying out activities that majorly violate laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission;
(8) Other violations of laws, administrative regulations, or relevant provisions of the China Securities Regulatory Commission, where the circumstances are particularly serious.
The following is the original text:
China Securities Regulatory Commission Sichuan Regulatory Bureau Market Ban Decision [2021] No. 1
Party: Liu Jiajie, male, born in December 1982, address: Wuhou District, Chengdu, Sichuan Province.
In accordance with the relevant provisions of the Securities Law of the People's Republic of China (hereinafter referred to as the 2005 Securities Law), which was amended in 2005, our bureau conducted a case investigation and trial of Liu Jiajie's private acceptance of clients' entrustment to buy and sell securities and illegal stock trading in accordance with the law, and informed the parties of the facts, reasons, basis for administrative punishment and the rights of the parties in accordance with the law. The parties submitted written statements and defense opinions, and at the same time, at the request of the parties, our office held a hearing on March 11, 2021, and heard the statements and defense opinions of the parties and their representatives. The case has now been investigated and the trial has been concluded.
It was found that Liu Jiajie had the following illegal facts:
Zhang Mouzhen is liu Jiajie's second aunt. "Zhang Mouzhen" Southwest Securities Account 1 was opened on June 16, 2008 in Southwest Securities Sichuan Branch (Zhang Mouzhen tail number 2927 ID card number), the capital account number is 650007777, the next shareholder account A476133524, 0104320869, the account retention telephone 13881904669, is Liu Jiajie's actual use, the account opening information shows "authorize Liu Jiajie to handle all business", the tripartite depository bank account is the industrial and commercial bank number 2828, Later, it was changed to the tail number of Minsheng Bank 7777 households.
In June 2008, the funds in the account came from the "Zhang Mouzhen" Huaxi Securities account stock transfer custody form to 6 stocks (the total market value of the day was 655,500), and the funds in the "Zhang Mouzhen" Huaxi Securities account came from the funds transferred from the "Liu Jiajie" construction bank card from 2006 to 2007. From October 2009 to October 2014, the funds in this account were mainly transferred to the tripartite depository bank account corresponding to the Southwest Securities Account 2 of "Zhang Mouzhen", and then transferred to the "He Mourong" Minsheng Bank Account (Liu Jiajie's agent transferred in), the "Zhang Mouzhen" Minsheng Bank Account and the "Liu Jiajie" Minsheng Bank Account.
From December 2010 to October 2014, Liu Jiajie controlled the use of "Zhang Mouzhen" Southwest Securities Account 1 to buy and sell stocks, accumulatively placing 811 orders, and the stock transaction amount was 3.14 million yuan. During the period, the MAC address and hard disk serial number of the entrusted order of the account coincided with the "Zhang Mouzhen" Southwest Securities Account 2 in large quantities, and partially coincided with the "Zhang Mouzhen" Yintai Securities Account, the "Xu Mouzhen" Yintai Securities Account, and the "Li Mouping" Yintai Securities Account, and a large number of overlapping addresses were the 20-10-7A-13-0A-60 addresses provided by Liu Jiajie's mother, Zhang Mouhua.
From December 2010 to October 2014, Liu Jiajie controlled the use of this account to buy and sell stocks for a profit of 13,400 yuan (tax deducted).
"Zhang Mouzhen" Southwest Securities Account 2 was opened on April 29, 2010 in Southwest Securities Shanghai Tianlin East Road Business Department (Zhang Mouzhen tail number 0089 ID card number), the capital account number is 381027888, the lower shareholder account is A285704539, 0141463642, and the tripartite depository bank account is Minsheng Bank tail number 7529.
From June 2010 to November 2011, Liu Jiajie deposited a total of 2.17 million yuan in cash in the form of self-management or on behalf of others, and from June 2010 to November 2013, the account was withdrawn 994,000 yuan in the form of Liu Jiajie's agency (another 1.57 million cash withdrawals or POS consumption).
From June 2010 to October 2014, Liu Jiajie controlled the use of "Zhang Mouzhen" Southwest Securities Account 2 to buy and sell stocks, accumulating 7,671 orders with a total transaction amount of RMB95.66 million. During the period, the MAC address and hard disk serial number of the account entrusted to place orders coincided with the "Zhang Mouzhen" Southwest Securities Account 1, the "Zhang Mouzhen" Yintai Securities Account, the "Li Mouping" Yintai Securities Account, and the "Xu Mou" Yintai Securities Account, and there was a record of the entrusted orders of Liu Jiajie's mobile phone tail number 4669.
From June 2010 to October 2014, Liu Jiajie controlled the use of this account to buy and sell stocks to make a profit of 29,000 yuan (tax deducted).
"Zhang Mouzhen" Yintai Securities account was opened on February 25, 2014 in Yintai Securities Shuncheng Street Business Department (Zhang Mouzhen tail number 0089 ID card number), the capital account number is 3500000888, the lower hanging shareholder account is A469951770, 0141463642, the tripartite depository bank account is Minsheng Bank tail number 7529, the marketer is registered as Huang Mouxiang, and the account opening auditor is registered as Liu Jiajie.
From 2014 to 2019, a total of 20.98 million yuan of funds were transferred to the account through Liu Jiajie's own and multiple relatives' accounts, mainly from Liu Jiajie's salary income, bank loans, commission commissions and "Zhang Mouzhen" Yintai Securities account revolving deposits; between 2014 and 2017, the funds in the account were mainly transferred out to multiple bank accounts of Liu Jiajie's mother "Zhang Mouhua", and then recycled back to "Zhang Mouzhen" Minsheng Bank tail number 7529 households to form deposits. In 2015 and 2017, a total of 639,500 yuan was directly transferred out to the "Liu Jiajie" Minsheng bank account.
From May 2014 to February 2019, Liu Jiajie controlled the use of the "Zhang Mouzhen" Yintai Securities account to buy and sell stocks, accumulatively placing 5,454 orders with a total transaction amount of 306.37 million yuan. During the period, the MAC address and hard disk serial number of the entrusted order of the account overlapped with the "Zhang Mouzhen" Southwest Securities Account, the "Li Mouping" Yintai Securities Account, the "Xu Mou" Yintai Securities Account, and the "Cao Mou" Yintai Securities Account, and there were a large number of mobile phone tail number 2999 records actually used by Liu Jiajie.
From May 2014 to February 2019, Liu Jiajie controlled the cumulative loss of 420,300 yuan (tax deducted) using the account. Liu Jiajie obtained a commission commission of 38,600 yuan through the bank account of "Huang Mouxiang".
In January 2015, "Zhang Mouzhen" Yintai Securities Liangrong account transferred 1.13 million yuan of collateral, and from February 2015 to February 2019, the "Zhang Mouzhen" transportation bank account (tail number 8625) transferred a total of 590,000 yuan, of which 390,000 yuan from the "Zhang Mouhua" CITIC bank account, 100,000 yuan from the "Zhang Mouhua" merchants bank account and 100,000 yuan in cash deposits. From February 2015 to February 2019, the "Zhang Mouzhen" transportation bank account transferred a total of 2.91 million yuan, of which 1.19 million yuan was transferred out to the tail number of "Zhang Mouhua" China CITIC Bank (of which 1.12 million yuan was transferred to the "Zhang Mouzhen" Yintai Securities account and 40,000 was transferred to the "Liu Jiajie" Minsheng bank account), "Zhang Mouhua" was transferred to the bank account of "Liu Jiajie" Minsheng), and the "Zhang Mouhua" Bank of Communications was transferred to 998,000 yuan and 722,000 yuan was withdrawn in cash.
From January 2015 to February 2019, Liu Jiajie controlled the use of "Zhang Mouzhen" two financial accounts to buy and sell stocks, accumulatively placing 333 orders with a transaction amount of 18.65 million yuan. The mac address and hard disk serial number of the trading account coincided with the "Zhang Mouzhen" Yintai Securities account, the "Li Mouping" Yintai Securities account and the "Xu Mou" Yintai Securities account, and there were a number of order records of Liu Jiajie's mobile phone tail number 4669 and Liu Jiajie's mother Zhang Mouhua provided records for the 20-10-7A-13-0A-60 address.
From January 2015 to February 2019, Liu Jiajie controlled the cumulative loss of 2.2523 million yuan (tax deducted) using the account. Liu Jiajie obtained a commission of 0.15 million yuan from the "Huang Mouxiang" bank account.
In summary, Liu Jiajie actually controlled and used 2 "Zhang Mouzhen" Southwest Securities accounts, "Zhang Mouzhen" Yintai Securities accounts and two financial accounts to buy and sell stocks, with a total transaction amount of 423.82 million yuan and a cumulative transaction loss of 2.6302 million yuan. Liu Jiajie obtained a commission commission of 40,100 yuan from the "Zhang Mouzhen" Yintai Securities account through the "Huang Mouxiang" bank account.
From February 2014 to February 2019, Liu Jiajie privately accepted the client's entrustment to operate the "Xu Mou" Yintai Securities account, with a cumulative number of 43,533 entrusted orders and a cumulative transaction amount of 5,833,460,000 yuan. Liu Jiajie borrowed the name of Yintai Securities broker Huang Mouxiang to obtain a trading commission commission of 3.4376 million yuan for the securities account of "Xu Mou".
From August 2015 to February 2019, Liu Jiajie privately accepted the client's entrustment to operate the "Li Mouping" Yintai Securities account, with a total of 1,993 entrusted orders and a cumulative transaction amount of 312.54 million yuan. Liu Jiajie borrowed the name of Yintai Securities broker Huang Mouxiang to obtain a trading commission of 68,800 yuan for the securities account of "Li Mouping".
From May 2018 to February 2019, Liu Jiajie privately accepted the client's entrustment to operate the "Cao Mou" Yintai Securities Securities Account, with a total of 319 entrusted orders and a cumulative transaction amount of 12.42 million yuan. It was not found that Liu Jiajie obtained illegal gains through the securities account.
From November 2017 to January 2019, Liu Jiajie was privately entrusted by clients to operate the securities accounts opened by three private equity funds in Yintai Securities, namely "United Investment Taoluo", "Golden Butler No. 1" and "Golden Butler No. 3", with a total of 5,453 entrusted transactions and a total transaction amount of RMB388.23 million. It was not found that Liu Jiajie obtained illegal gains through 3 securities accounts.
In summary, Liu Jiajie privately accepted 3.5064 million yuan of illegal income from the client's entrustment to buy and sell securities.
The above facts are proved by evidence such as proof of employment, description of the situation, record of inquiry, securities account opening information, securities account transaction flow, order information and bank account information, commission details and other evidence in the case.
In summary, Liu Jiajie's illegal trading of stocks through other people's accounts violated the provisions of Article 43 of the 2005 Securities Law, and the act of privately accepting clients' entrustment to buy and sell securities violated the provisions of Article 145 of the 2005 Securities Law.
The parties and agents mainly put forward the following defense opinions in the statement defense and hearing: First, "Zhang Mouzhen" Southwest Securities Account 1 retained Liu Jiajie's mobile phone number when opening an account due to the restrictions at that time, and the signed "Authorize Liu Jiajie to handle all business" actually refers to the authorization of Liu Jiajie to handle all business related to account opening. Second, Liu Jiajie obtained the securities qualification on July 1, 2009, and liu Jiajie's low income from the work in June 2006 could not have a large amount of funds for investing in stocks, and liu Jiajie did not have the qualification of an illegal subject before obtaining the securities qualification. Third, Liu Jiajie has long-term capital exchanges with Zhang Mouhua and Zhang Mouzhen, and it cannot be determined that relevant funds have entered the stock market. The deposit and withdrawal of funds in Zhang Mouzhen's relevant account was handled by Liu Jiajie on behalf of Zhang Mouzhen due to the relatively close bank location. Among them, the 800,000 yuan withdrawn by Liu Jiajie's agent was transferred to Liu Jiajie's personal consumer loan. Fourth, Liu Jiajie's mobile phone tail number 2999, mobile phone tail number 4669 and mobile phone tail number 2888, mobile phone tail number 2369 and Yuan Mou (former mother-in-law) mobile phone tail number 7660 were not used to place orders, which was caused by the initial registered mobile phone number associated with the securities company's trading software. Liu Jiajie's mobile phone tail number 4669 was cancelled on April 15, 2016, and the subsequent transaction was not committed by Liu Jiajie. Fifth, the third person, Li Mou, is the actual operator of 6 securities accounts of "Xu Mou", "Li Mouping", "Cao Mou", "Liantou Taoluo", "Golden Butler No. 1" and "Golden Butler No. 3". Li withdrew the commission through the bank account of Huang Mouxiang, the nominal broker of the sales department, and the above behavior was agreed between Liu Jiajie and Li, and Li was the actual holder and beneficiary of the bank account of "Huang Mouxiang". Sixth, Zhang Mouzhen and Zhang Mouhua jointly funded the stock investment, and the "Zhang Mouzhen" stock account was managed and traded by Zhang Mouhua, and the trading address was 20-10-7A-13-0A-60. Li mouhua is a friend of Zhang Mouhua for many years, often visits Zhang Mouhua's home, and often places orders on Zhang Mouhua's computer to operate the above 6 accounts. Therefore, it is inevitable that the above 6 account trading addresses coincide with the trading address of "Zhang Mouzhen" account 20-10-7A-13-0A-60. Seventh, Liu Jiajie suffers from a serious mental illness. Eighth, with reference to the relevant penalty cases of the CSRC, the proposed penalty amount and the decision to ban the market are too heavy, and the relevant facts are proved through indirect evidence, which does not meet the standard of proof of obvious advantages, and there is no illegal act, and it should not be punished.
Upon review, our bureau believes that:
First, the evidence in the case shows that on the day of the opening of the account of "Zhang Mouzhen" Southwest Securities Account 1 (capital account 650007777), Zhang Mouzhen signed a power of attorney entrusting Liu Jiajie, specifically checking the securities trading entrustment, fund access, inquiry, transfer custody, designating or revoking the designated account, and account cancellation business, not only authorizing the business related to account opening, and all the information retained in the account opening information is Liu Jiajie's own mobile phone number, home address and other information. Judging from the account transactions, the source of funds in the account pointed to Liu Jiajie, and the direction of the funds was mainly withdrawn or transferred to Liu Jiajie's Minsheng bank account (tail number 6688 and tail number 1640), and the trading equipment was mainly the 20-10-7A-13-0A-60 address provided by Liu Jiajie's mother Zhang Mouhua, which was not only "authorized by Liu Jiajie to handle all business related to account opening" as described by the parties and agents. Accordingly, the first statement of defence was not accepted.
Second, the period of violation identified in this case was from June 2010 to February 2019, after Liu Jiajie obtained the securities qualification on July 1, 2009, there was no problem of non-qualified entities; Moreover, whether or not to obtain a securities qualification is not a necessary condition for determining the eligible entity of this illegal act. Accordingly, the second defence was not accepted.
Third, Liu Jiajie's capital exchanges with Zhang Mouzhen and Zhang Mouhua are not the single evidence for determining Liu Jiajie's illegal behavior. From the perspective of the capital chain, from December 2006 to December 2007, Liu Jiajie transferred a total of 825,000 yuan to zhang Mouzhen's tripartite depository account (tail number 0501) in 24 transactions through two accounts of China Construction Bank (tail number 9978 and tail number 5500), all of which were transferred to Zhang Mouzhen's capital account to buy and sell stocks. In June 2008, the account of "Zhang Mouzhen" Huaxi Securities was cancelled, and the stock assets in the account (655,500 yuan) were transferred to the "Zhang Mouzhen" Southwest Securities 1 account. The funds transferred to the "Zhang Mouzhen" Huaxi Securities account mainly came from the stock account under Liu Jiajie's own name and the CCB salary card. The defense opinion that "these funds were handed over to Liu Jiajie by Zhang Mouzhen in the form of cash on several occasions, and Liu Jiajie deposited them in his own construction bank card and then transferred them to Zhang Mouzhen's tripartite depository bank" was obviously inconsistent with the evidence in the case. Accordingly, the third defence was not accepted.
Fourth, this case has paid attention to the situation described by the parties to the existence of trading software, and the suspicious mobile phone order account is not within the scope of this case. At present, the accounts involved in the case are comprehensive determinations such as the source of funds, the records of inquiries of relevant personnel, the convergence of transactions, and communication information, and are not isolated evidence. The transaction record of Liu Jiajie's mobile phone tail number 4669 found in this case was latest on January 23, 2015, that is, before the cancellation of the shutdown on April 15, 2016, and there was no transaction after the shutdown as believed by the parties. For the existence of the order record of Yuan X's mobile phone tail number 7660, combined with the record of Yuan X's inquiry submitted by the lawyer, etc., which has a certain degree of reasonableness, our bureau partially adopted it, excluding the order situation of the mobile phone tail number 7660 in the relevant account, and after review, at the same time excluding the order situation of Xu X's own mobile phone tail number 9004, so as to reduce the amount of illegal income of the parties by 162,700 yuan.
Fifth, the evidence in this case corroborates each other, forming a complete chain of evidence, which is enough to determine that the actual operator of 6 accounts such as "Xu Mou" and "Li Mouping" and the commission income of the "Huang Mouxiang" bank account are Liu Jiajie. There are obvious contradictions between the parties' and agents' defense opinions, witness testimony and the evidence in the case: First, as of February 2019, there were 160 customers in the name of broker Huang Mouxiang, but they did not include the securities accounts of "Cao Mou" and "LianTou Taoluo", "Golden Butler No. 1" and "Golden Butler No. 3". As for whether to obtain the commission commission of the "Cao" account, the parties Liu Jiajie and the witness Li Mou contradicted each other. Second, the order address of the computer equipment of the sales department accounted for a relatively small proportion of the entrusted order address of the 6 accounts such as "Xu Mou" and "Li Mouping", of which the computer equipment of the "Xu Mou" account sales department accounted for 1.07%, the computer equipment of the "Li Mouping" account sales department accounted for 20.97%, the computer equipment of the "United Investment Taoluo" account business department only placed 2 orders (the cumulative number of transactions in the account was 2313), and the "Cao Mou", "Golden Butler No. 1" and "Golden Butler No. 3" accounts did not have any records of computer entrustment orders of the sales department. Witness Li Mou's statement that "mainly using computer equipment trading in the sales department" is obviously contradictory. Third, the funds in the bank account of "Huang Mouxiang" eventually flowed to the bank accounts of "Liu Jiajie" and "Zhang Mouhua", which were used to purchase wealth management products and invest in stocks. Of the total (13) counter cash withdrawals in the "Huang Mouxiang" bank account, most (9 of them) were withdrawn by Liu Jiajie's parents, and there was no evidence that the funds flowed to Li. Fourth, in addition to the commission commission of the "Xu Mou" and "Li Mouping" accounts identified in this case, the source of funds in the "Huang Mouxiang" bank account is more than 1 million yuan. Bank flows show that the bank account of "Huang Mouxiang" transferred 1.02 million yuan to the accounts of "Tu Mouyun", "Wang Moujuan" and "Huang Mouliang", of which more than 890,000 yuan (21 cases) was directly transferred to the "Zhang Mouhua" Minsheng bank account through the "Tu Mouyun" Minsheng Bank Account. The parties and witnesses Li Mou said at the hearing that this part of the funds was the commission commission of Tu Mouyun and others was inconsistent with the objective evidence, and it was obviously contradictory to the interrogation record information of the nominal holder of the relevant account involved in the case. Fifth, the large amount of POS consumption in the account of "Huang Mouxiang" was transferred to the "Zhang Mouhua" CITIC Bank and the Communications Bank account for the purchase of wealth management products or stock investment. Witness Li claimed that he had been using the "Huang Mouxiang" bank card, and the bank POS machine consumption was his own daily expenses, which was inconsistent with the evidence in the case. Sixth, more than 1 million yuan of "Huang Mouxiang" account was transferred out to Zhang Mouhua's account through the method of large POS machine card swipe, transferred to the third person "Ying X", "Yang X Hua", "Li X", "Du X Yan" and "Hu X Yuan" account, and then transferred to Zhang X Hua's CITIC bank account. Witness Zhang Mouhua clearly stated that he did not know the above-mentioned persons and had no reasonable explanation for the nature of the funds transferred from the above-mentioned accounts to his bank account. Accordingly, the fifth statement of defence was not adopted.
Sixth, the evidence in the case shows that the IP address of "Xu X", "Cao X", "Zhang X Zhen" and "Li Mouping" entrusted to place a single IP address coincided with Liu Jiajie's IP address logged on to the OA mailbox on the same day, of which the "Xu X" account coincided for 81 days and 1593 transactions; the "Zhang Mouzhen" account coincided for 61 days and 612 transactions; the "Li Mouping" account coincided for 31 days and 152 transactions; and the "Cao" account coincided for 3 days and 5 transactions. At the same time, the parties claimed in the September 2019 interrogation record that the actual manager of "Golden Butler No. 3" was the trader found by the customer himself, and this defense claimed that the parties entrusted Li to operate; the parties said in the July 2020 inquiry record that the "Xu" account was operated by Xu himself, and the defense claimed that the parties entrusted Li to operate; the parties said in the July 2020 inquiry record that they joined the securities company in 2005 and had an annual income of 400,000 to 500,000. The defense claimed that the monthly income of the newly participated workers was only 600 yuan, and it was impossible to have hundreds of thousands of funds for stock investment; the witness Zhang Mouzhen provided a briefing to the investigation team during the investigation, saying that the stock accounts of his family members were all investment operations of the account holder himself, and at this hearing, it was said that the "Zhang Mouzhen" account was controlled by Zhang Mouhua. There are a number of obvious contradictions between the above situation and the evidence during the investigation. The transaction convergence of the stock accounts of "Zhang Mouzhen", "Xu Mou", "Cao Mou" and "Li Mouping" is relatively high, and the MAC address and the hard disk serial number of the order entrusted by the relevant account overlap in large quantities, which has the characteristics of being controlled by the same person. Combined with the text message records of the relevant personnel in the evidence in the case and the investigation records of the relevant personnel, it is indicated that the actual controller of the above account is Liu Jiajie. Accordingly, the sixth defence was not accepted.
Seventh, the condition of the parties does not affect the determination of the illegal nature of the case. Accordingly, the seventh defence was not adopted.
Eighth, the facts of this case are clear, there is reasonableness, coordination, and exclusivity between the evidence in the case and between the evidence and the identified facts, and the evidence can corroborate each other, and eliminate reasonable doubt, forming a complete chain of evidence. The evidentiary materials submitted by the parties and their agents during the hearing cannot prove that the parties did not violate the law during the illegal period determined in this case, and there are many contradictions with the evidence in the case. This case is a quantitative penalty based on the circumstances of the parties' violations, the degree of influence, the degree of cooperation, etc., within the statutory range, other administrative punishment cases have nothing to do with this case. Accordingly, the eighth defence was not accepted.
In summary, although our bureau adopted some of the statements and defense opinions of Liu Jiajie and his agents, Liu Jiajie, as an employee of a securities company and the general manager of the sales department at the time, held, bought and sold stocks in the name of others, and privately accepted the entrustment of customers to buy and sell securities, which was an act expressly prohibited by the Securities Law of 2005, and the transaction amount was huge, the duration of the illegal act was long, and the circumstances were serious. The adoption of some of the statements and defense opinions does not affect the determination of liu Jiajie's responsibility and the prohibition of his access to the securities market.
Based on the facts, nature, circumstances and degree of social harm of the parties' illegal acts, and in accordance with the provisions of Article 233 of the Securities Law of 2005 and Articles 3 and 5 of the Provisions on Prohibition of Access to the Securities Market (Order No. 115 of the Securities Regulatory Commission), our bureau decided to adopt a three-year market ban measure against Liu Jiajie, and from the date of the announcement of the decision by the self-bureau, during the period of prohibition, in addition to not continuing to engage in securities business in the original institution or serving as a director, supervisor or senior manager of the original listed company or unlisted public company, Nor shall they engage in securities business in any other institution or hold positions as directors, supervisors or senior management personnel of other listed companies or unlisted public companies.
If the parties are dissatisfied with the decision to ban access to this market, they may apply to the China Securities Regulatory Commission for administrative reconsideration within 60 days of receiving this decision, or they may directly file an administrative lawsuit with the people's court with jurisdiction within 6 months from the date of receipt of this decision. During the period of reconsideration and litigation, the implementation of the above-mentioned decision shall not be suspended.
Sichuan Securities Regulatory Bureau
April 9, 2021
Administrative Penalty Decision of the Sichuan Regulatory Bureau of the China Securities Regulatory Commission [2021] No. 5
Third, Liu Jiajie's financial transactions with Zhang Mouzhen and Zhang Mouhua are not the single evidence to determine Liu Jiajie's illegal behavior. From the perspective of the capital chain, from December 2006 to December 2007, Liu Jiajie transferred a total of 825,000 yuan to zhang Mouzhen's tripartite depository account (tail number 0501) in 24 transactions through two accounts of China Construction Bank (tail number 9978 and tail number 5500), all of which were transferred to Zhang Mouzhen's capital account to buy and sell stocks. In June 2008, the account of "Zhang Mouzhen" Huaxi Securities was cancelled, and the stock assets in the account (655,500 yuan) were transferred to the "Zhang Mouzhen" Southwest Securities 1 account. The funds transferred to the "Zhang Mouzhen" Huaxi Securities account mainly came from the stock account under Liu Jiajie's own name and the CCB salary card. The defense opinion that "these funds were handed over to Liu Jiajie by Zhang Mouzhen in the form of cash on several occasions, and Liu Jiajie deposited them in his own construction bank card and then transferred them to Zhang Mouzhen's tripartite depository bank" was obviously inconsistent with the evidence in the case. Accordingly, the third defence was not accepted.
In summary, based on the facts, nature, circumstances and degree of social harm of the parties' illegal acts, and in accordance with the provisions of Articles 199 and 215 of the Securities Law of 2005, our bureau makes the following decisions:
1. For Liu Jiajie's act of buying and selling stocks in the name of others, he was ordered to deal with illegally held stocks in accordance with the law and fined 800,000 yuan.
2. For Liu Jiajie's private acceptance of client entrustment to buy and sell securities, order corrections, give warnings, confiscate 3.5064 million yuan of illegal gains, and impose a fine of 10 million yuan.
The above-mentioned parties shall, within 15 days from the date of receipt of this penalty decision, remit the fine to the China Securities Regulatory Commission, the bank where the account is opened: the business department of the Beijing branch of China CITIC Bank, account number: 7111010189800000162, and the bank shall directly hand it over to the State Treasury, and send a copy of the payment voucher with the name of the party to the Office of the Administrative Punishment Committee of the China Securities Regulatory Commission and the Sichuan Securities Regulatory Bureau for the record. If the parties concerned are dissatisfied with this penalty decision, they may apply to the China Securities Regulatory Commission for administrative reconsideration within 60 days of receiving this penalty decision, or they may directly file an administrative lawsuit with the people's court with jurisdiction within 6 months from the date of receipt of this penalty decision. During the period of reconsideration and litigation, the implementation of the above-mentioned decision shall not be suspended.