laitimes

The director of the bank instructed two middle-level managers to illegally lend 300 million yuan and change the guarantee of 120 million yuan in violation of regulations

author:Credit risk management

Employees who work in credit positions in banks almost always encounter a problem, how to deal with loans instructed by the leader? If you don't do it, you will offend the leader immediately, and you will be worried that the leader will wear small shoes in the future; In case something happens, it may be difficult to escape one's own responsibilities in the future, especially if the accountability matters are beyond the control of the leader. In the face of this dilemma, some people may think: if you don't do it, you will offend the leader immediately; Accountability is a matter for the future, and it's only possible. Once you think about it, for many people, this choice is easy to make, and some people even find a good reason for themselves, not only to handle the loan authorized by the leader in violation of regulations, but also to seek personal benefits from it. There is no doubt that those who think and do this will end up paying the same price as their leaders.

The director of the bank instructed two middle-level managers to illegally lend 300 million yuan and change the guarantee of 120 million yuan in violation of regulations

When the customer proposed a loan of 300 million yuan and changed the guarantee relationship, he knew that it did not meet the regulations, but still instructed two middle-level operators to handle it according to the wishes of the leadership knowing that it violated the rules, and also had more economic dealings with customers, and even accepted benefits from customers, and finally the two middle-level and the chairman of the bank were convicted. This case once again reminds us how the vast number of bank credit practitioners should correctly handle loans authorized by leaders.

The chairman of the bank has a close relationship with the loan customer, together

Eat, ask customers to help decorate the house, buy parking spaces,

Advance payment of taxes and strata fees

As the chairman of Jiacheng Commercial Bank, Wang has been in close contact with loan customers for a long time. Cui is an old loan customer of Jiacheng Commercial Bank and has a very close relationship with Wang, which is an open secret in Jiacheng Commercial Bank. At the end of 2012, at the invitation of Cui, Wang and his vice president of the head office, Qu, Wang Jia, of the credit approval department, and Zhu, president of the branch, had dinner together. At the end of 2013, for the sake of loans, after learning that Wang, President Zhong and Vice President Qu were on a business trip in Sanya, they rushed to Sanya to invite the three of them to dinner. Of course, in addition to eating, Qu also helped Wang decorate the house, pay property fees, buy parking spaces on his behalf, and pay taxes and fees for the sale of the house. (Note: The above content is from Wang's personal testimony, and it is also part of Wang's bribe-accepted amount)

Two ►

Two middle-level operators illegally lent 300 million yuan and changed in violation of regulations

The loan guarantee is 120 million yuan, and the chairman of the bank is very instructed

Important, but equally important

01 The process of illegal lending of 300 million yuan

In the first half of 2013, Cui found Wang and said that there was a project to refine iron concentrate powder from tailings slag, and the prospects were very good.

In March and April 2013, Wang told Wang Jia, general manager of the credit approval department of the head office, that "Cui is applying for a loan of 300 million yuan and let him handle it as soon as possible", and Wang Jia instantly understood the meaning of the chairman to take care of Cui's loan; At the same time, Wang also greeted Zhu, the president of the branch, "Let him help Cui in handling the loan, and then report the loan application to the head office."

When Cui reported the application materials for a loan of 300 million yuan to Zhu's branch for the first time, there was no financial audit, only financial statements, no tax payment certificate, and he clearly told Zhu that "the operating conditions of the main company applying for the loan in the first three years were loss-making". To this end, Zhu not only told Cui to make the figures of the three-year financial statements bigger, but also directly arranged for the employees of the branch to increase the figures of the financial statements of the company controlled by Cui when the employees of Cui's company could not do it.

When Zhu's branch reported Cui's loan information of 300 million yuan to the credit approval department of the head office, Wang Jia found that the actual value of Cui's 300 million yuan loan collateral tailings slag was only about 10 million yuan, but the asset appraisal entrusted by the branch was estimated at more than 900 million yuan. To this end, after reporting to the chairman of the board of directors, Wang Jia, together with the vice president of the sub-branch, Li, the account manager and the review post Xu, went to Cui's loan subject for a field visit. After the on-site inspection, Wang Jia reported to Wang that "the tailings slag of Cui's loan collateral is not worth 900 million yuan, and the risk is extremely high", to which Wang responded "Let Wang Jia report to the good side and insist on giving Cui a loan of 300 million yuan". Later, at the loan review meeting of the head office, Wang Jia only talked about the company's good interests, guaranteed profits, strong repayment ability and other favorable aspects.

After receiving the due diligence report from his subordinates, Zhu, as the president of the branch, did not review it at all and reported it directly. As for why Zhu did not review it, on the one hand, Zhu did not dare to offend the chairman Wang, who was demoted because he did not act according to Wang in the past, and on the other hand, Zhu believed that the final decision on the loan was in the head office and had nothing to do with him.

Under the operation of Zhu, the president of the branch, and Wang Jia, the credit approval department, Cui's 300 million yuan illegal loan went all the way, and from September 2013 to January 2014, he issued a loan of 300 million yuan to the company actually controlled by Cui in the name of fixed asset loans, with a loan term of five years, and they were overdue after expiration.

02 The process of changing the guarantee of 120 million yuan in violation of regulations

In June 2013, Jiacheng Commercial Bank granted a credit of 222.6 million yuan to a company controlled by Cui, including 90 million yuan of bank acceptance bill credit and 120 million yuan of working capital credit. A month later, in order to reduce the cost of the loan, Cui applied for the 120 million yuan working capital loan in the credit scheme to be changed from the guarantee company and other five companies to the tailings slag guarantee controlled by Cui. After the guarantee was changed, Cui's 120 million yuan loan became Cui's own affiliated company guarantee, and the bank took the risk to become greater, because Wang greeted him, Zhu Mou, the president of the branch, and Wang Jia, the credit approval department, once again gave up the bottom line and agreed to change the guarantee in violation of regulations, and they also informed the head office that Qu, the vice president in charge of credit, had reported to the chairman, and the change of guarantee also successfully passed the loan review meeting of the head office

03 The interests of the two middle-level and Cui

Zhu, the president of the branch, successively received a total of 210,000 yuan from Cui, of which 100,000 yuan was collected during the illegal handling of Cui's loan of 300 million yuan; Wang Jia of the Credit Approval Department successively received 30,000 yuan of Cui's shopping card and 20,000 yuan in cash, exchanged houses with Cui, and Cui renovated the house for Wang Jia.

The chairman of the bank and the final outcome of the two middle-level players

In September 2015, Wang Jia resigned from Jiacheng Commercial Bank; In October 2017, Zhu retired; In September 2018, Wang was transferred from Jiacheng Commercial Bank.

In May 2019, Wang Jia and Zhu were retained by the Supervision Commission on the same day, and in order to reduce the punishment for meritorious service, Zhu reported to Wang, chairman of Jiacheng Commercial Bank, after being placed in custody (Note: The Provincial Commission for Discipline Inspection and Supervision determined that Zhu provided important clues about Wang's suspected crimes abusing public office, played a key role in the investigation and handling of Wang's case, and had major meritorious service). On August 23, 2019, the Provincial Commission for Discipline Inspection and Supervision filed a case for investigation of Wang's suspected duty crimes; In September 2019, the Commission for Discipline Inspection and Supervision officially announced that Wang was subject to review and investigation.

In the end, Zhu was sentenced to three years in prison, suspended for three years, and fined 200,000 yuan for the crimes of accepting bribes and abusing power by personnel of state-owned companies; Wang Jia was sentenced to three years in prison with a three-year suspended sentence for the crime of abuse of power by personnel of a state-owned company; Wang was sentenced to 18 years in prison and fined 1.1 million yuan for the crimes of embezzlement, accepting bribes, embezzlement of public funds, abuse of power by personnel of state-owned enterprises, and crimes of unknown sources of huge amounts of property.

Note: The above cases are from the (2023) Qing 0104 Xingchu No. 61 "Criminal First Instance Verdict of Zhu's Crime of Accepting Bribes" and (2023) Qing 0104 Xingchu No. 163 "Wang's Criminal First Instance Verdict of Accepting Bribes" on China Judgment Document Network

The director of the bank instructed two middle-level managers to illegally lend 300 million yuan and change the guarantee of 120 million yuan in violation of regulations

Read on