Zhang Jiahui and Liu Yuansheng. Painting / Dong Hanwen Production / Wang pair
On the morning of December 4, the first-instance judgment in the case of Zhang Jiahui, former vice president of the Hainan Higher People's Court, was pronounced. The First Intermediate People's Court of Hainan Province sentenced defendant Zhang Jiahui to 15 years' imprisonment and a fine of RMB3.5 million for accepting bribes, 5 years' imprisonment for administrative miscarriage of justice, 10 years' imprisonment for fraud and a fine of RMB500,000, and decided to carry out the 18-year fixed-term imprisonment and a fine of RMB 4 million. The Hainan Provincial First Intermediate People's Court found that from 2006 to 2019, Zhang Jiahui took advantage of her position as president of the First Civil Trial Division of the Hainan Provincial High People's Court, a member of the adjudication committee, a member of the party leading group, and a vice president to seek benefits for relevant units and individuals in the trial of the case through greetings and other means, and illegally accepted property totaling 43.75 million yuan directly or through others. From 2015 to 2016, in order to make Hainan Dinas Investment Co., Ltd., which was actually controlled by her husband Liu Yuansheng, zhang Jiahui underpaid or did not pay the capacity increase fee, and instructed and instructed others to deliberately violate the facts and the law to make perverse judgments in administrative trial activities, resulting in the company paying more than 46.21 million yuan less capacity increase fee. After the verdict was pronounced, Zhang Jiahui expressed dissatisfaction in court, but did not choose whether to appeal in court.
Zhang Jiahui entered the public eye, stemming from the Chongqing Yi Zhenwu extortion case, after which Chongqing and Hainan officials jointly reported that Zhang Jiahui and Liu Yuansheng were sitting on a 20 billion yuan business empire. The Hainan Provincial Political and Legal Affairs Commission has reported that the assets under the names of Zhang Liu and his son are about 1.872 billion yuan. After Zhang Jiahui's ouster, Liu Yuansheng was also dismissed from his post as a standing committee member of the Seventh Hainan Provincial Committee of the Chinese People's Political Consultative Conference in January this year, and was disqualified from membership. On March 16, the Danzhou Municipal Procuratorate of Hainan Province approved the arrest of Liu Yuansheng on suspicion of forging company seals and false litigation, and Liu Yuansheng's case is still being handled.
Zhang Jiahui and his wife's 10 billion business empire
Reporter/Huang Xiaoguang
Published in China News Weekly on July 29, 2019, Issue 909
In 1992, a young couple left Wanxian County, Sichuan (now Wanzhou District, Chongqing) for Hainan, 1,500 kilometers away.
At that time, Hainan had just withdrawn its districts and established a province, and it was in urgent need of cadres from inland provinces to support the construction. These two young people were the talents introduced by the Hainan Intermediate People's Court (now the Hainan Provincial No. 1 Intermediate People's Court, referred to as the Hainan Intermediate People's Court).
According to the old man in the Hainan Intermediate Courtyard, the young couple was very poor when they first arrived in Hainan, and the suitcase they carried was still woven with rattan. To this end, the hospital specially organized donations and called on everyone to help them.
But today, they are worth more than 10 billion.
His wife, Zhang Jiahuiguan, was appointed vice president of the Hainan Provincial High People's Court (Hainan Higher People's Court) and was accused of being "the richest judge in China's court system"; her husband, Liu Yuansheng, has long traveled in both political and business circles, being the actual controller of several companies and holding important positions such as standing committee members of the Hainan Provincial Committee of the Chinese People's Political Consultative Conference.
According to the report, Zhang Jiahui and Liu Yuansheng and their husband and wife control at least 35 enterprises, involving real estate development, property management, hotels, tourism, commerce and trade, film and television, finance, wine industry, medical treatment, consulting services and other fields, with total assets of more than 20 billion yuan.
With Zhang Jiahui being examined and investigated by the Hainan Provincial Commission for Discipline Inspection on May 31 and Liu Yuansheng being investigated by the public security organs, the hidden "business empire" behind the couple is gradually emerging.
China News Weekly learned that the relevant parties will hire auditors to audit the assets of Zhang Jiahui and his wife. At the same time, a review of the suspenseful cases handled by Zhang Jiahui during her tenure as vice president of the Hainan Higher People's Court was launched.
Landing in Hainan
Born in 1965, Zhang Jiahui is a native of Wanxian County, Sichuan Province, who studied English and American literature at Sichuan Normal University in his early years. After graduating in 1988, Zhang Jiahui was admitted to Southwest University of Political Science and Law to pursue a master's degree in civil procedure law.
According to Gao Jingzhong, a lawyer at Chongqing Solton Law Firm, Zhang Jiahui's eldest sister committed suicide due to family conflicts after marriage, and she believed that her eldest sister had suffered injustice and changed to law after being touched.
At Southwest University of Political Science and Law, Zhang Jiahui met Liu Yuansheng, who was a year younger than her. Liu Yuansheng is a native of Daozhen County, Guizhou, and his family is poor. In January 1990, the two registered their marriage with the Shapingba Civil Affairs Bureau in Chongqing. After graduation, the husband and wife were assigned to work together in the Wanxian People's Court (referred to as the Wanxian Court) in Sichuan Province. At the time, they were the only two graduate students at the WanXian Court.
In 1992, Zhang Jiahui and his wife were introduced to Haikou by the Hainan Intermediate Court as highly educated talents, Zhang Jiahui served as an assistant judge of the First Civil Division, and Liu Yuansheng served as a researcher in the research office of the hospital.
After arriving in Hainan, Liu Yuansheng soon showed an urgent need to improve the economic situation. It was previously reported that Liu Yuansheng spent almost all of his spare time operating a volcanic stone mine in Haikou City. Insiders told China News Weekly that the volcanic stone mine belonged to a leader of Liu Yuansheng, and the leader was inconvenient to come forward, so he let him manage it on his behalf.
In 1995, due to a dispute over the stone mining business, Liu Yuansheng was persuaded by the unit to resign and go to the sea. After leaving the Hainan Intermediate Court, Liu Yuansheng and a lawyer cooperated to set up a consulting firm.
After Liu Yuansheng obtained his lawyer's qualification certificate in 1997, he began to work as a lawyer. According to Gao Jingzhong, the first case represented by Liu Yuansheng was a strong real estate developer. Many lawyers did not dare to take it, but Liu Yuansheng was not afraid and finally won the case. This made Liu Yuansheng famous in one battle, and coupled with Zhang Jiahui's work in the court, he gradually became a feared opponent for local lawyers.
After the lawyer business improved, Liu Yuansheng sent his brother Liu Yishan and his brother-in-law Zhang Jiaping to the Southwest University of Political Science and Law to study. After obtaining a lawyer's qualification certificate, Liu Yishan worked as a lawyer in Wanzhou, Chongqing, for a period of time, and later became Liu Yuansheng's right-hand man in business. Zhang Jiaping's studies were mediocre, and around 1998, he was funded by Liu Yuansheng and opened a dance hall in Wanzhou. According to local Yan Zongwen, this is liu Yuansheng's first business in Wanzhou.
At the end of the 1990s, Zhang Jiahui and his wife moved out of the dormitory area of Hainan Intermediate Courtyard and moved into a villa. In June 2001, their neighbor Fan Qiming was sentenced to death by the Haikou Intermediate People's Court for fraud. After learning the news, Liu Yuansheng found Fan Qiming's parents and said that he could find a relationship and let Fan Qiming reduce his sentence, but the price was 1 million.
Chen Zinan, a relative of Fan Qiming, told China News Weekly that Fan Qiming's parents were eager to save their son, and successively gave Zhang Jiahui and his wife a villa worth one million, an ivory statue worth 1.6 million yuan and 200,000 yuan in cash.
Zhang Jiahui and his wife's villa in Fuhai Garden, Meilan District, Haikou City, has been abandoned for many years and is now overgrown with grass. Photo/ Reporter Huang Xiaoguang
In the end, Fan Qiming was sentenced to a suspended death sentence. Years later, xiao Jieqing, the presiding judge who heard the case, was imprisoned for a crime, and he provided a handwritten note in prison stating that no one had interceded with Fan Qiming during the trial of Fan's case.
This made the Fan family think that they had been deceived by Zhang Jiahui and his wife, and they went to the door many times to ask for money, but after fruitless, they found the leaders of the Hainan Intermediate Court to seek a solution. This matter caused a lot of discussion in the hospital, but what made the outside world strange was that this did not affect Zhang Jiahui's career.
After Zhang Jiahui was transferred to the Hainan Higher People's Court in 2005, he entered the fast lane and successively served as vice president of the trial supervision division (at the level of the department), member of the adjudication committee, and president of the first civil trial division. In June 2012, he was proposed to be the vice president of the Hainan Higher People's Court and a member of the party group, and was officially appointed as the vice president of the Hainan Higher People's Court the following month of that year.
First real estate
What allowed Zhang Jiahui and his wife to complete the original capital accumulation was the real estate project "Water Cloud Day".
In May 2002, Liu Yuansheng registered Hainan Weishe Real Estate Development Co., Ltd. (hereinafter referred to as Weishe Company) in Haikou. At that time in Hainan, the real estate bubble had entered the end, and house prices had fallen to the lowest trough, and Liu Yuansheng saw business opportunities from the rotten buildings all over the streets.
"China News Weekly" learned from a judgment document involving Weishe Company that in the 1990s, Hunan Huiyu Property Company had a 37,936 square meter of land in the Binya Lake Development Zone in Haikou City, and the land was mortgaged to the Huitong Branch of the Industrial and Commercial Bank of China due to a loan; later, due to the inability of Huiyu Property Company to develop, the land was idle for a long time. In March 2003, Weishe Company acquired the mortgaged land in lieu of mortgage debts. The relevant contract stipulates that the ICBC Huitong Branch will continue to use the land use right of the plot as collateral, and when the company has operational and market risks and it is difficult to ensure the recovery of funds from the Huitong Branch of ICBC, it has the right to dispose of the land use right.
After the company got this land, it developed a residential project on top of it, named "Water Cloud Sky". Since then, the "Water Cloud Day" project has been continuously expanded. At present, the third phase of the project has been completed, and the fourth phase of two commercial and residential buildings with a total area of about 50,000 square meters are still under construction.
In 2007, house prices in Hainan gradually picked up. Two years later, Hainan ushered in the opportunity to build an international tourism island, and housing prices began to heat up rapidly. Relying on the rich returns brought by the "Water Cloud Day" project, Liu Yuansheng began to officially enter the real estate industry.
A number of insiders told China News Weekly that Liu Yuansheng has a flamboyant personality and acts domineeringly, and often resorts to violent means in the process of developing the "Water Cloud Sky" project. For example, when the second phase of the project began, there was a conflict with the developer of the adjacent plot, and he instructed his subordinates to use violence to force the latter to give up the land.
Nowadays, "Water And Cloud Days" has become the "base camp" of Zhang Jiahui and his wife's business relationship network.
In the "Water Cloud Day", there is a lakeside clubhouse. Surrounded by trees outside the clubhouse, the clubhouse is full of dining and entertainment facilities, and there is an outdoor swimming pool, which is very luxurious. According to insiders, Zhang Jiahui and his wife often set up banquets in the clubhouse to win over political and business people.
According to multiple sources, in the relationship network of Zhang Jiahui and his wife, there is a saying of "three sisters": that is, Zhang Jiahui and two other very powerful women in Hainan formed an offensive and defensive alliance, and Zhang Jiahui ranked third in line and was nicknamed "Three Sisters".
On the other hand, "Water Cloud Sky" is also an important starting point for Zhang Jiahui and his wife to expand their business territory, and it has become an incubator for many of their businesses.
According to industrial and commercial information, Hainan Huajun Agricultural Technology Co., Ltd., Hainan Huajun Huimin Trade Co., Ltd., Hainan Huajun Commerce and Trade Co., Ltd., Hainan Huajun Hospital Investment Service Co., Ltd. and other enterprises are registered in "Haikou City Qiuhai Avenue No. 56 Shuiyuntian Community Clubhouse".
Crazy money
Chen Zinan, the reporter, and another whistleblower, Chongqing businessman Li Fuhua, said that the "business empire" controlled by Zhang Jiahui and his wife involved 35 companies, including 3 overseas companies, 5 companies directly owned by Liu Yuansheng in China, and 27 owned by his relatives.
Among these enterprises, Hainan Asuka Tourism Co., Ltd. (hereinafter referred to as Asuka Company) and Chongqing NVC Real Estate Development Co., Ltd. (hereinafter referred to as NVC Real Estate) are particularly eye-catching due to the large scale of assets.
In 2017, Liu Yuansheng was in the NVC real estate office. Photo/Courtesy of respondents
A number of whistleblowers confirmed that Liu Yuansheng had repeatedly boasted that Asuka owned the largest golf course in Hainan and would develop high-end villas, private clubs, yacht marinas and top hotels facing the world. It is reported that the stadium is located in Puqian Town, Wenchang City, the northernmost tip of Hainan Island, backed by Qixingling, sitting on a two-kilometer-long bay, covering an area of nearly 2,000 acres. At present, the stadium is worth 5 million yuan per acre, and the entire project is valued at more than 10 billion yuan.
According to the investigation, as early as Zhang Jiahui and his wife arrived in Hainan in 1992, Asuka Company had been established, and the shareholders were composed of Asuka Country Club of Japan Corporation and Haikou Jiayu Industry and Trade Co., Ltd. Later, the latter withdrew, and 6 enterprises such as Taiwan Hongji Construction Company and Zhonghua Construction Co., Ltd. entered the game.
However, for unknown reasons, the Asuka Golf Course project has been at a standstill since 1995.
From 2007 to 2010, the equity of Asuka Company changed, and a company called Huarong Co., Ltd. expanded its equity several times until it became the sole shareholder of the company.
Huarong Limited is registered in Hong Kong. According to the registration information of the Hong Kong Search Office, on 27 February 2004, a man named Xiao Hongyou established Huarong Limited in Hong Kong. On June 4, 2008, Liu Yuansheng became a director of Huarong Co., Ltd., and on the same day, Xiao Hongyou, the company's former director, resigned.
According to an insider who revealed to China News Weekly, this Xiao Hongyou is the lawyer who partnered with Liu Yuansheng to open a consulting firm in the early years.
How Liu Yuansheng swallowed up asuka is still a mystery. However, a judgment obtained by China Business Daily shows that the project was involved in a judicial dispute.
On March 3, 2008, the Hainan Intermediate People's Court stated in the Administrative Judgment on the Appeal of the Dispute between Wenchang Construction Bureau and Hainan Asuka Tourism Co., Ltd. on the Decision to Revoke the Administrative License and cancellation Decision that on May 18, 2007, the Wenchang Municipal Construction Bureau revoked the two temporary certificates of construction planning permits previously issued to Asuka Company, and Asuka Company was not satisfied with this decision, and filed a lawsuit with the Hainan Intermediate Court, requesting the court to order the Wenchang Municipal Construction Bureau to restore the two temporary permits issued by it.
In the end, Asuka won the case.
In this case, Liu Yuansheng appeared as the general manager of Asuka Company and was the company's trial agent.
According to the China Business Daily, citing unconfirmed information, "This project (indicating the Rixiang Golf Course project) was stopped and the Hainan Provincial People's Government wanted to take it back, but Liu Yuansheng used the court's resources to pass the lawsuit and only got it for a few million yuan." ”
In the process of controlling NVC Real Estate, Liu Yuansheng also adopted this method of encroaching on equity and ultimately controlling.
Li Shanjie, a native of Wanzhou, Chongqing, told China News Weekly that in 2009, he and Wu Changjiang, the former president of NVC Lighting Holdings Co., Ltd., jointly established NVC Real Estate, of which Li Shanjie held 40% of the shares, Wu Changjiang's wife Wu Lian held 60% of the shares, and Li Shanjie served as the company's executive director and legal representative.
On November 22, 2010, NVC Real Estate acquired two major plots in the core location of Wanzhou City at a price of 189.91863 million yuan, covering an area of 9.1489 hectares, about 137 mu, with a land price of about 1.38 million yuan per mu.
In 2011, Wu Changjiang lost 470 million yuan in gambling in Macau, an event that became a turning point for NVC Properties.
In October of that year, Li Shanjie received several phone calls from Wu Changjiang, in which Wu Changjiang said that he had borrowed 400 million yuan from a Guizhou man who was forcing debts. Wu asked Li Shanjie to sell the land he had obtained from the company to help him pay off his debts, but Li Shanjie refused.
In November 2011, Wu Changjiang rushed to Wanzhou and, in the name of auditing, borrowed important documents such as the official seal, financial seal, copy of business license, and state-owned land use right certificate of NVC Real Estate, and changed the company's legal representative to Mou Chengbin behind Li Shanjie's back.
In December of that year, Mou Chengbin, the new legal representative of NVC Real Estate, entrusted Wu Lian to sign a "mortgage contract" with a person named Blue Sky. According to the contract, Blue Sky borrowed 200 million yuan from Weishe Company, and NVC Real Estate guaranteed the loan with two pieces of land totaling 48,271.65 square meters under its name.
It is worth noting that this "Mortgage Contract" includes one content: if the "Loan Contract" signed by Party A (Blue Sky) and Weishe Company is confirmed to be invalid by the relevant departments, it will not affect the validity of the shareholders of this contract and the obligation that Party B (NVC Real Estate) should perform the guarantee.
Since then, the Wanzhou District Land Bureau has registered the mortgage.
Upon hearing the news, Li Shanjie quickly took measures: to sue Wu Changjiang, Wu Lian, and Mou Chengbin for fraud to the Wanzhou District Public Security Bureau; to sue the Wanzhou District Industrial and Commercial Bureau for illegally changing industrial and commercial information; to file a civil lawsuit with the Wanzhou District Court to revoke the shareholders' agreement that Wu Changjiang had privately signed; and to file an administrative lawsuit with the Wanzhou District Land and Resources Bureau to revoke the mortgage registration.
However, shortly after the case was reported, the wanzhou district public security bureau found Li Shanjie by the head of the investigation detachment and suggested that he withdraw the case, saying that "the other party has a lot of background, if you do not negotiate with him, you may not be able to keep the land and equity." Li Shanjie told China News Weekly that it was only then that he learned that the mysterious Guizhou man who lent money to Wu Changjiang was Liu Yuansheng.
Subsequently, Li Shanjie flew to Hainan and compromised with Liu Yuansheng. During their stay in Hainan, Liu Yuansheng and his wife also took him to visit the Asuka Golf Course.
In April 2012, NVC Real Estate held a shareholders' meeting. Xiao Hongyou, Liu Yuansheng's partner, signed an agreement with Li Shanjie, in which Li Shanjie transferred 10% of the shares under his name to Wu Lian, and Wu Lian transferred 60% of the shares under his name and 10% of the shares transferred by Li Shanjie to Liu Yuansheng. At this point, Liu Yuansheng officially controlled NVC Real Estate and became a major shareholder holding 70% of the shares.
However, Liu Yuansheng was not satisfied and asked Li Shanjie to transfer the remaining shares to him. To this end, the two sides fought for several years.
In March 2018, Liu Yuansheng hired dozens of "security guards" to forcibly evict Li's team from the company. In the end, Li Shanjie had to agree to transfer the remaining 30% of the shares to Liu Yuansheng for 110 million yuan.
However, in March 2019, Li Shanjie did not receive the agreed second payment, but waited for a notice of arbitration - Liu Yuansheng submitted an arbitration application to the Hainan Arbitration Commission, requesting to revoke the previously signed equity transfer agreement and recover the 30 million yuan already paid.
Li Shanjie suspected that the assets of NVC Real Estate had been transferred by Liu Yuansheng, leaving only an empty shell, so he entrusted lawyer Gao Jingzhong to investigate Liu Yuansheng's assets.
Gao Jingzhong's investigation found that Mou Chengbin was a relative of Liu Yuansheng, while Lan Tian was an employee of Weishe Company. Based on his analysis, the main claim of 200 million yuan is likely to be fictitious, with the purpose of preparing for the holding of NVC Real Estate by obtaining the land mortgage right of NVC Real Estate.
Liu Yuansheng provided Li Shanjie with a total loan list of 197 million yuan, which detailed the list of companies that Liu Yuansheng introduced to NVC Properties from June 2012 to December 2015.
This list of companies has become an important clue for Gao Jingzhong to investigate the "business empire" behind Liu Yuansheng. According to Gao Jingzhong's preliminary statistics, there are 35 enterprises directly or indirectly controlled by Liu Yuansheng and his wife, with a valuation of more than 20 billion yuan.
After Liu Yuansheng was investigated, Hainan public security personnel went to Wanzhou to find Li Shanjie to understand the situation. According to public security officials, the investigation team will hire auditors to verify the huge wealth owned by Zhang Jiahui and his wife.
False litigation
Gao Jingzhong's investigation found that except for a few enterprises who registered their real names, the vast majority of enterprises Zhang Jiahui and his wife indirectly held them in the name of relatives and friends. This stealthy approach to holding often gives them a favorable position in commercial litigation. The JUDs even deliberately instructed their companies to sue each other in the form of false lawsuits (or arbitrations) in order to achieve the purpose of swallowing other people's assets or evading legal liability.
On September 23, 2011, Liu Yuansheng borrowed 30 million yuan from Wenzhou people Lu Yi and Lin Maoguang with interest of 1.5 million yuan per month, which was guaranteed by Huang Jianming, director of Asuka Company. According to Liu Yuansheng's request, the money was first transferred from Yangpu Xinyou Industrial Co., Ltd. to the account of Wenzhou Wanshun Plant Pigment Co., Ltd. (hereinafter referred to as Wanshun Company), an enterprise under the name of Lu Yi's relative Chen Zongfa, and then transferred from Chen Zongfa to Lu Yi.
In October 2013, Liu Yuansheng suddenly reported Wanshun Company and Huang Jianming to the Wuchuan Municipal People's Court in Zhanjiang City, Guangdong Province, saying that Wanshun Company refused to repay the loan. In the same month, the Wuchuan Municipal People's Court seized more than 10,000 square meters of land and bank deposits of Wanshun Company.
Chen Zongfa told China News Weekly that he had never dealt with Liu Yuansheng and Huang Jianming before, and only after being prosecuted did he remember that he had helped Lu Yi transfer the money. He raised an objection to jurisdiction, and the case was transferred to the Wenzhou Intermediate People's Court for trial. The Wenzhou Intermediate People's Court in the first instance and the Zhejiang Provincial Higher People's Court in the second instance rejected Liu Yuansheng's lawsuit on the grounds that "Liu Yuansheng and Wanshun Company did not have a lending relationship, and the main claim guaranteed by Huang Jianming did not really occur".
After losing the case, Liu Yuansheng and Huang Jianming submitted arbitration to the Zhanjiang Court of International Arbitration. As a result of the ruling, Asuka Company paid 32 million yuan to Yangpu Xinyou Industrial Co., Ltd.
In August 2016, Huang Jianming filed another lawsuit with the Wuchuan Municipal People's Court, suing Lu Yi and Wanshun Company. The Wuchuan Municipal Court, in the absence of the two defendants, conducted a trial in absentia and ordered Lu Yi to pay the plaintiff Huang Jianming 32 million yuan, and Wanshun Company to bear joint and several liquidation liabilities for a limit of 30 million yuan.
Two years later, under Gao Jingzhong's reminder, Chen Zongfa noticed that the arbitrator of the Zhanjiang International Arbitration Court was Zheng Kaijie, a lawyer at Guangdong Boge Law Firm who acted as the agent of Liu Yuansheng and Huang Jianming.
Chen Zongfa based on this determination that the actual purpose of Liu Yuansheng's loan and the false arbitration with Huang Jianming was to seek the assets of Wanshun Company.
This is the same as the operation of Liu Yuansheng in the NVC Real Estate case in which Wu Changjiang borrowed 200 million yuan from Weishe Company with the land of NVC Real Estate as collateral.
Another false lawsuit discovered by Gao Jingzhong involved the transfer of land for the "ShuiYun Tian" project in the early years of Weishe Company. According to the contract of that year, after the transfer of land, Weishe Company needs to bear the obligation to repay the mortgage debt, but Weishe Company has delayed until now.
In December 2009, Wuhan transferred this part of the debt to Weishe Company because of The Company because of the Company of Xte Investment Company (referred to as the Company). Due to Weishe Company's refusal to repay its debts, in April 2011, Site Company applied to the Changsha Intermediate People's Court to seize 7432.28 square meters of land under the name of Weishe Company.
However, Liu Yuansheng, Zhang Jiahui and others, as outsiders in the case, filed an enforcement objection with the Changsha Intermediate People's Court on the grounds that their houses were located on the seized plot and that the purchase was first purchased, requesting that the seizure of the land be lifted.
In addition to Zhang Jiahui and his wife, Hainan Dinas Investment Co., Ltd., Yangpu Enwei Trading Co., Ltd., Yangpu Xinyou Industrial Co., Ltd., and Hainan Huiyuan Culture Media Co., Ltd. also raised objections to enforcement, and the actual owners of these companies are Zhang Jiahui and his wife.
In 2016, the Changsha Intermediate Court was forced to suspend enforcement of the seized land, resulting in the claims of Sint remaining unresolved.
It was not until the Zhang Jiahui case was exposed that Wei Xiaolan, chairman of the company, did not know that the "outsider" who raised the enforcement objection and the owner of Weishe Company were actually a group of people. What surprised her even more was that in order to evade debts, Zhang Jiahui and his wife had already laid out in advance as early as 2006.
Wei Xiaolan told China News Weekly that in April 2006, Hainan Dinas Investment Co., Ltd. (hereinafter referred to as Dinas Company), indirectly held by Zhang Jiahui and his wife, signed a house sale and purchase contract with Weishe Company, which "sold" more than 3,000 square meters of real estate that had been pre-registered in ICBC's name to the former, worth 10529420 yuan.
Later, Dinas Company sued Weishe Company to the Hainan Intermediate Court on the grounds that the house it had purchased had been pre-registered and could not be transferred. The Hainan Intermediate People's Court ordered the defendant Weishe Company to use its 32,135.5 square meters of land to pay off its debts to Dinas.
In addition, in order to prevent the pre-registered commercial housing under the name of the original creditor ICBC from the developer Weishe Company and avoid being executed, Zhang Jiahui and his wife instructed Yangpu Xinyou Industrial Co., Ltd., Yangpu Enwei Trading Co., Ltd. and Weishe Company to conduct a series of dazzling false lawsuits or arbitrations.
For example, they asked Yangpu Enwei Trading Co., Ltd. to arbitrate a dispute with Weishe Company, and Mou Zhenqiong, the legal representative of Yangpu Enwei Trading Co., Ltd., was the aunt and sister of Du Kaihong, the legal representative of Weishe Company at that time. It is understood that Mou Zhenqiong is the wife of Liu Yuansheng's younger brother Liu Yishan, while Du Kaihong is Liu Yishan's uncle and brother-in-law.
It is reported that these two suspected false litigation cases have attracted the attention of the Hainan side, and Zheng Kaijie and Huang Jianming have been arrested and arrested.
"Brothers" looked at each other
"Judging from the cases that have been made public, false litigation is the usual method used by Zhang Jiahui and Liu Yuansheng to engage in economic activities and handle disputes, rather than occasionally." Liu Jun, a lawyer at Chongqing Tong'an Law Firm, told China News Weekly that in another case in which he intervened, Zhang Jiahui and his wife were suspected of setting traps to frame the defendants. He believes that setting traps is essentially the same as false litigation, and both use fabricated evidence to achieve the purpose of improper litigation.
The case mentioned by Liu Jun is the case of Yi Zhenwu's extortion and extortion that brought Zhang Jiahui and his wife into the public eye.
In the summer of 2016, Zhang Jiahui went to Wanzhou, Chongqing, to attend the wedding of her second sister's son. After the wedding, Zhang Jiahui and his party played mahjong in the hotel's private room, starting from 200 yuan, and there was no cap on winning or losing, and the largest ones were above 10,000 yuan.
The gambling scene was quietly filmed by the contractor Yi Zhenwu.
Yi Zhenwu had previously met Liu Yuansheng while contracting a project at Dinas. According to Yi Zhenwu's brother Yi Shuangquan, at the beginning of the cooperation between Yi Zhenwu and Liu Yuansheng, the relationship was quite harmonious, and the two brothers were commensurate, and Yi Zhenwu often participated in the family gatherings of Zhang Jiahui and Liu Yuansheng.
In April 2018, Yi Zhenwu sent a USB stick containing Zhang Jiahui's gambling videos and recordings of Liu Yuansheng's conversations to Zhang Jiahui, accompanied by a 13-page long letter. Yi Zhenwu said in the letter that Liu Yuansheng had seriously depressed prices in the project and caused him to lose money, and that he was "desperate" and asked Zhang Jiahui to help him from a just standpoint.
After that, Liu Yuansheng agreed to give Yi Zhenwu 2 million yuan.
On the afternoon of May 30, 2018, Liu Yuansheng sent 500,000 yuan to Yi Zhenwu three times, and the last time was 17:02. At about 18:00, Liu Yuansheng reported the case to the police, and explained in the record that the reason why he called the police after the payment was made was because he had not made up his mind to report the case at the last moment of the payment.
But Liu Jun believes that Liu Yuansheng has already set a trap. One piece of evidence is that Liu Yuansheng submitted a 5-page report and 12 copies of materials when he reported the case, except for the time, amount and date of payment on May 30, which were handwritten, and the rest were printed.
Liu Jun said that Liu Yuansheng could not have prepared these materials in just 1 hour after the payment, and the reasonable explanation was that he wanted to cause Yi Zhenwu's extortion and extortion to be completed. "The amount is also considerate. Yi Zhenwu demanded 2 million yuan, but Liu Yuansheng chose to call the police when he paid 500,000 yuan, which was just up to the third level of the sentence for extortion, and once he sat down, he could be sentenced to more than 10 years in prison. ”
The day after the report, Liu Yuansheng took the initiative to ask the police not to freeze Yi Zhenwu's bank accounts and property. Liu Jun analyzed that it may be that Liu Yuansheng feels that the evidence is not enough. On June 7, Liu Yuansheng took the initiative to meet with Yi Zhenwu and tried to induce Yi Zhenwu to say the word "extortion", but Yi Zhenwu always insisted that "2 million is the labor fee he deserves".
On June 14, Liu Yuansheng met with Yi Zhenwu again. During the conversation, Liu Yuansheng promised to pay the remaining 1.5 million yuan, provided that Yi Zhenwu promised to write a letter of guarantee. Subsequently, according to Liu Yuansheng's dictation, Yi Zhenwu wrote in the guarantee that "after receiving the remaining money, he will not use videos and audio recordings to force or extort money."
After writing the letter of guarantee, Yi Zhenwu just walked out of the gate and was arrested by the police who were waiting.
Liu Jun believes that after Liu Yuansheng reported the case, he met with Yi Zhenwu many times and induced him to write a letter of guarantee, just to sit on the charge of extortion and extortion by Yi Zhenwu.
After the Yi Zhenwu case was exposed by the media, Li Fuhua, Chen Zinan and other whistleblowers began to unite to make real-name reports on Zhang Jiahui and Liu Yuansheng. They wrote in the indictment: "Zhang Jiahui and Liu Yuansheng set up a judicial stage and sang commercial dramas, both to become officials and to get rich, and over the years they frantically seized huge amounts of property, becoming the richest judge in the court system in history." ”
After learning of the actions of Li Fuhua and others, Liu Yuansheng once sent a WeChat message to Li Fuhua, saying: "I know exactly how you conspired behind your back to use the news media to slander and frame me. I just want to tell you that the law is merciless, and I will get justice through the law! Anyone has to pay for their own transgressions, and I have confidence and patience for that! ”