Opening remarks
Using people as a mirror can make it clear what gains and losses, and using cases as a mirror can correct conduct and discipline. The use of negative typical cases to carry out warning education is an important measure to promote the "three non-corruptions" as a whole, and it is a powerful starting point for promoting party members and cadres to build a strong ideological line of defense. In order to make good use of the cases around them, do in-depth and practical discipline and law education, and guide the majority of party members and cadres to be vigilant, know the bottom line, know and respect, and be vigilant, the "Honest Sichuan" website and WeChat public account will launch the "Case as a Mirror" column from February 14, 2023.
This column focuses on the "fly corruption and ant corruption" that occurs around the masses and eats away at the vital interests of the masses, and analyzes the typical cases of violations of discipline and law by grassroots party members, cadres and public officials from multiple angles, not only to keep the alarm bell ringing, but also to carry out the interpretation of discipline and law, and continue to play the role of educating and warning people around them with the cases around them, and constantly promote the comprehensive and strict governance of the party to develop in depth.
Stay tuned!
[Case file]
Basun Ram, female, Tibetan, born in July 1970, a native of Derge, Sichuan, joined the work in December 1992, joined the Communist Party of China in December 1997, and served as the accountant of the Asu Working Committee of Derge County, Ganzi Prefecture, and the deputy chief clerk and chief clerk of the Office of the Tibetan Compatriots Office of Derge County.
In March 2022, Bashimlam was subject to disciplinary review and supervision investigation by the Derge County Commission for Discipline Inspection and Supervision on suspicion of serious violations of discipline and law.
In April 2022, Bashamam was expelled from the party and his retirement benefits revoked for serious violations of party discipline, constituting a violation of duty and suspected of corruption.
In June 2022, Bashamlam was sentenced to four years and ten months in prison and fined RMB 246,000 for corruption.
【Case Detective】
"At first, I embezzled public funds, but I was lucky that if I was lucky, I could win back the lost money and make up for the loopholes in public funds. Later, I found out that I couldn't make it up at all, and at that time I just wanted to be able to get money to live a gambling addiction. In the detention room, Bason Ram confessed that she was shocked when she saw a sum of money that had been embezzled by herself.
Ba Sunlam, former chief staff member of the Tibetan Compatriots' Office in Derge County, Ganzi Prefecture, was examined and investigated.
Bason Ram was born into a dual-income family, and his family was well-off from an early age. Deeply influenced by her parents, she passed the recruitment exam at the age of 22 and became a township civil servant. Because of her steadfastness and hard work, the organization transferred her from the township to work in the county-level organs, and successively served as the deputy chief clerk and chief clerk of the county Tibetan Compatriots Office, and worked in the accounting post for more than 20 years. Being a real person, serious work, and simple life are the unanimous evaluations of leaders and colleagues. But it is precisely because of these illusions that the leaders and colleagues of the unit are confused.
Back in 2016, Bason Ram came into contact with an online mahjong gambling app under the recommendation of a friend. So, she registered an account with the mentality of "play and play". Initially, she also admonished herself to "only invest symbolic small money". However, when I started to taste the sweetness of winning, I wanted to keep winning. Unconsciously, she went from 5 yuan, 10 yuan, 100 yuan...... Keep ramping up your bets. As time went on, the more she played, the more she became more and more interested, and she slowly became obsessed with the pleasure of online gambling.
"If I can win so much on such a small bet, I'm sure I can win more. Bason Ram, who tasted the sweetness, immediately bound a bank card for a more "exciting" attempt. As everyone knows, such a winning model is the usual trap of online gambling platforms.
In the following time, Bason Ram won less and lost more, the more he gambled, the more he lost, the more he wanted to gamble, and soon squandered his family's savings, even to the point that he had no money to pay the mortgage. Without gambling funds, but thinking about gambling, and even wanting to turn the tables, Bassun Ram fell into a state of living in a tight state of making ends meet. With the mentality of "fighting a bicycle to become a motorcycle", she started to "think crookedly" on public funds.
"October 28, 2016 is a day I will never forget, and it is also the first step for me to start committing a crime, and it is also the first time I embezzled public funds from my unit. From that day on, I fell step by step......" Bassun Ram recalled, at that time he was very nervous and scared, and he felt very guilty, like a thief, restless, and afraid to face anyone.
On the same day, she transferred 50,000 yuan of the surplus funds of the county Tibetan compatriots' office at the end of the year to her personal account through online banking by falsely listing the expenses. Once the door of greed is opened, it is like a flood bursting its banks. After that, Bashamlam repeatedly adopted the same method to transfer the office funds and accumulated funds of the county Tibetan compatriots' office to his personal account through cash withdrawal or online banking. All this money was used by her for "gambling addiction" and personal expenses. In order to cover up the fact of embezzling the unit's public funds, Bassun Ram made a false account, causing confusion in the unit's accounts.
In August 2017, Bashimram took early retirement due to illness. Since it was not possible to find a candidate to replace him for the time being, after a meeting of the directors of the county Tibetan Compatriots' Office, it was decided to rehire the retired Bassunlam to continue his financial work. At this time, she thought that she would have nothing to do after retirement, and she just wanted to continue to gamble for money, so she returned to work happily.
In order to repay the mortgage and gambling debts, Bassun Ram knew that he was retired, but he still deliberately "received" his monthly salary greedily by falsely reporting his salary plan and budget, but the unit did not notice it at all.
Bashamlam began to have no fear, treating the unit account as his "small treasury", and frequently stretched out his greedy "black hand" like an ant moving. During the period of retirement and re-employment, Bason Ram paid himself a salary ranging from several thousand to tens of thousands.
In January 2019, Bashamlam withdrew more than 29,000 yuan of public funds for the last time, and officially left his post from the county Tibetan Compatriots Office. According to the case-handling personnel, when the financial personnel who took over the county Tibetan compatriots' office found out that the funds were abnormal, they repeatedly asked Bassun Lam about the specific situation, but she prevaricated with lies such as "the funds are the normal expenses of the unit, and she has written off invoices".
After examination and investigation, Bashamlam took advantage of his position and loopholes in financial supervision to privately affix the seal of the unit, the cashier's personal seal or the financial seal to the cash check, and used the online banking K-treasure and cipher to embezzle and steal 43 funds of various types of the county Tibetan compatriots' office, totaling more than 1.23 million yuan, by falsely listing expenditure items, making false accounts, and handling accounts after the fact. Among them, more than 1 million yuan was used for online mahjong gambling by Bason Ram, and the rest was used for personal and family daily expenses.
Every time he indulges his desires and stretches out his greedy hand, Bason Ram always comforts and paralyzes himself with the luck psychology of "no one pays attention to using some public money", "maybe it's okay", and "make up for it as soon as you have money", which leads to a complete loss of the bottom line of integrity. Facts have proved that online gambling is bottomless, and once you get addicted to gambling, it is difficult to get out.
"Looking back now, I was completely addicted to online gambling at that time, and it can be said that I was obsessed, and I didn't think about the consequences at all. Bason Ram wrote in his confession that the happy family in the past is no longer happy because of me, and the filial daughter, virtuous wife, and considerate mother that everyone called her lost her mind and became a criminal because of gambling, so that the family was also harmed.
【Planning】
Although the road of life is long, there are often only a few steps at the critical point. When Bason Ram was over half a hundred years old, he was contaminated with the evil Xi of online gambling, and was willing to embezzle fancy ways to accumulate wealth, retire without stopping, and ruin his beautiful and happy retirement life with his own hands. Bason Ram has lost his ideals and convictions, has a weak sense of discipline and law, and has not properly performed his duties; he has pursued low-grade interests and participated in gambling; and he has taken advantage of his position to embezzle a huge amount of state financial funds. Bashamlam seriously violated the party's discipline, constituted a violation of duty and was suspected of corruption, and did not restrain or stop after the 18th National Congress of the Communist Party of China, which is serious in nature and has a bad impact, and should be seriously dealt with. In accordance with the "Regulations on Disciplinary Sanctions of the Communist Party of China", the "Supervision Law of the People's Republic of China", the "Law of the People's Republic of China on Governmental Sanctions for Public Employees" and other relevant provisions, Bassunram was expelled from the party and expelled from public office. According to the relevant provisions of the Criminal Law of the People's Republic of China, Bashamlam's conduct should be found to be a crime of corruption.
1. Regulations on Disciplinary Actions of the Communist Party of China
Article 27: Where Party organizations discover in the course of disciplinary review that Party members have committed acts of corruption, bribery, abuse of power, dereliction of duty, power rent-seeking, benefit transfer, twisting the law for personal gain, wasting state assets, or other suspected criminal conduct in violation of the law, they shall be removed from internal Party positions, placed on Party probation, or expelled from the Party.
2. Supervision Law of the People's Republic of China
Article 15: Supervision organs are to conduct supervision of the following public employees and relevant personnel:
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(6) Other persons performing public duties in accordance with law.
Article 45: On the basis of the results of oversight and investigations, the Supervision Organs are to make the following dispositions in accordance with law:
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(2) Make governmental sanction decisions such as warnings, demerits, major demerits, demotion, removal, or expulsion of public employees who violate the law in accordance with legally-prescribed procedures;
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(4) Where crimes abusing public office are suspected, and upon investigation the Supervision Organs find that the facts of the crime are clear and the evidence is credible and sufficient, they are to draft a written opinion for prosecution and transfer it to the people's procuratorate for review and prosecution in accordance with law, together with the case file materials and evidence;
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Article 46: After investigation, the Supervision Organs are to confiscate, recover, or order restitution of illegally obtained property in accordance with law;
3. Law of the People's Republic of China on Governmental Sanctions for Public Employees
Article 27: Where retired public employees commit illegal acts before or after retirement, they are no longer to be given governmental sanctions, but a case may be opened for investigation;
Where public employees who have already left their posts or have died have illegal conduct during the performance of their duties, it is to be handled in accordance with the provisions of the preceding paragraph.
Article 33: Those who commit any of the following acts shall be given warnings, demerits, or major demerits; if the circumstances are more serious, they shall be demoted or removed; and if the circumstances are serious, they shall be dismissed:
(1) Corruption or bribery;
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Article 39: Those who commit any of the following acts, causing negative consequences or impacts, are to be given warnings, demerits, or major demerits; where the circumstances are more serious, they are to be demoted or removed; and where the circumstances are serious, they are to be dismissed:
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(2) Failure to perform or incorrect performance of duties, dereliction of duty, or delay work;
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4. Criminal Law of the People's Republic of China
Article 382:A State functionary who takes advantage of his position to embezzle, steal, defraud, or illegally occupy public property by other means is guilty of embezzlement.
Author: Mi Mingfu, Wang Rong, Liu Shun
Column Editor-in-Chief: Qin Hong Text Editor: Lu Xiaochuan Title Image Source: Shangguan Title Picture Editor: Shao Jing
Source: Author: Honest Sichuan