The bribery exceeded 330 million ＂Red Tongtong＂ Peng Xuzhen case disclosed

Use the convenience of the job to seek benefits in the matters such as contracting projects, leased land and equipment procurement.Qianzhuang was transferred abroad, and he purchased HELLIP; Hellip; on December 9th in 4 countries, and on December 9, the Supreme People's Procuratorate released the 32nd batches of guiding cases.2. Money laundering illegal income confiscation cases.

From 2010 to 2017, Peng Xufeng used the convenience of serving as the deputy director of a municipal housing and urban and rural construction committee, the party committee secretary of Rail Transit Group Co., Ltd., and chairman of the city.Integration of benefits, alone or with his wife Jas, and his wife and brother Peng Mou, illegally received a total of more than RMB 230 million and USD 120,000.Among them, Peng Xufeng and his wife, Jas, illegally accepted the property given by others for more than RMB 310,000 and USD 20,000.

From 2015 to 2017, Peng Xufeng arranged for Peng to use more than 20.85 million yuan to use the bribes to purchase 7 sets of real estate in Changsha.

From September 2015 to November 2016, Peng Xufeng arranged for Peng to borrow the two people's bribes of RMB 45 million to Qiu Moumou; in November 2016, Peng Xufeng and Peng were sent by others to Qiu Moumou.30 million yuan in debt and charged 3.15 million yuan in interest.At these 75 million yuan in debt, Qiu Moumou set up a mortgage guarantee at a 40%equity of Beijing International Investment Consulting Co., Ltd. at a 40%equity of a commercial Co., Ltd..

From 2010 to 2015, Peng Xufeng and Jasmi will accept the gold products sent by relevant units or individuals, which are stored in the home of Peng Xufeng's house and Jia (Jasmi relatives) and Cai (Jasmi relatives).

From 2012 to 2017, Jasm were transferred to Peng Xufeng's crime of bribery by more than 42.99 million yuan through an underground bank or borrowed by other people's accounts to overseas.

From 2014 to 2017, after Peng Xufeng and Jas, they arranged for Peng Xufeng to convert Peng Xufeng's bribes into foreign currencies, and transferred to the bank accounts opened by Jask in other countries.Treasury bonds and immigration matters.

On April 1, 2017, the Yueyang City Procuratorate of Hunan Province filed a case for the investigation of Peng Xufeng for suspected bribery.On April 25 of the same year, the Hunan Provincial Procuratorate decided to arrest Peng Xufeng. On May 10 of the same year, the International Interpol issued a red notice to Peng Xufeng.

On April 21, 2017, the Yueyang Procuratorate was investigated in Jasmi for the crime of bribery and money laundering. It found that Jasmi had fled abroad on March 10 of the same year.On April 25 of the same year, the Hunan Provincial Procuratorate decided to arrest Jas. On May 10 of the same year, the International Interpol issued a red notification to Jas.

The People's Procuratorate of Yueyang City, Hunan Province sent a member to appear in court. The picture shows the prosecutor's application for confiscation of illegal income.

On June 22, 2019, the People's Procuratorate of Yueyang City shall submit an application for illegal income from the Yueyang Intermediate People's Court.The stakeholder Jiamou, Cai, and Qiu Moumou applied for a lawsuit during the court's announcement.Among them, Jia and Cai raised objections to the 380,000 yuan detained in the case, and believed that the evidence of the case could not prove that the 380,000 yuan was illegal income. At the same timeThe cost of reserving life and educational fees for the property has never been confiscated; Qiu Moumou had no objection to the application for the prosecutor's confiscation of the illegal income. It is recommended that the judicial authority will deduct 75 million yuan of illegal illegal illegal illegal after selling 40%of the shares of a certain commercial Co., Ltd.Income, the remaining part is returned to its company.

On January 3, 2020, the Yueyang Intermediate Court made a confiscation ruling of illegal income, and confiscated Peng Xufeng in accordance with the law to implement bribery crimes, Jasmi to implement bribery, money laundering crimes, a total of more than 100 million yuan, gold products and illegal income overseas.Real Estate, 2.5 million euros Treasury bonds and interest rates, more than 500,000 US dollars and interest rates.At the same time, 380,000 yuan of objections to Jia and Cai's objection was lifted and returned; supported by Qiu Moumou's opinions, and handled it in accordance with the law in the execution procedure.

Due to the huge amount of bribes and money laundering crimes in the case, the overseas property involved in the case was distributed in four countries, involving a large number of overseas evidence obtained through criminal judicial assistance.The procuratorial organs play an early intervention, conduct a comprehensive review of the materials provided by the supervisory authority, and sort out the upstream and downstream crimes, associated crime relationships, electronic evidence, overseas evidence, and regeneration evidence of the case involved in the case.The agency should give supplementary investigations, and decompose and refine the content of each replenishment, and analyze and demonstrate the purpose and direction of certification.After a supplementary investigation by the supervisory organs, evidence of the criminal income of bribery and suspected money laundering crimes was further improved.

The evidence of the case shows that Peng Xufeng and Jas are transferred to 4 countries for purchasing real estate, government bonds, etc. Among them, the evidence of the country's capital flow and the purchase process for the real estate purchased in a country is lacking.The procuratorate believes that Jasmi transferred $ 592,000 to an overseas company through its foreign bank account and entrusted the overseas company to buy the above -mentioned real estate. The company remitted the $ 494,000 to a country with a price of $ 4.35 million.During the same period, Peng Xufeng arranged for others many times to remit a total of more than 3.9 million yuan (equivalent to more than 600,000 US dollars) to the Jas language foreign bank account, and the amount of remittance was greater than the purchase of the house.Therefore, it is possible to determine that Peng Xufeng and Jasm are high in the country's real estate in the country. It may be derived from Peng Xufeng's bribery. It should be determined that the real estate is confiscated for illegal income and submitted a collection application in accordance with the law.The stakeholders and their litigation agents did not raise objections, and the court ruled that they supported it.

The provisions of the Supreme People's Court and the Supreme People's Procuratorate on the issues of criminal suspects and defendants' fugitives, and the confiscation procedures of the confiscation of deaths, which clearly stipulate that special procedures can be used to recover illegal income and other property involved in cases of money laundering crimes.In the case of corruption and bribery crimes, the procuratorial organs shall increase the review of the clues of suspected money laundering crimes. For those who meet statutory conditions, they should actively apply illegal income to recover illegal income;Possible proof standards.After review, there is evidence to prove that the suspect and the defendant transferred the illegal obtains to the abroad.For the source, it can be determined that the property they purchased abroad may have a high degree of illegal income that needs to be confiscated.

In common crimes, the primary criminals were responsible for the facts of all cases. After the crime, some suspects and defendants fled abroad.The criminal suspect and the defendant are the main criminals of the common crime. The applicable special procedures to recover the illegal income of common crimes in accordance with the law will help comprehensively grasp the facts involved and achieve better case handling results.

The case of Peng Xufeng was suspected of accepting bribery crimes. Most of them were implemented with Peng.See, seize or freeze in a case.The procuratorial organs reviewed that the case was implemented by Peng Xufeng's authority.The main criminals have played a decisive role in bribery. It is better to put the domestic property related to Peng Xufeng in a case, such as the real estate purchased by the two brothers in Changsha and the funds borrowed to others, etc.Application is confiscated.The stakeholders and their litigants and their litigants and Peng had no objection.After the confiscation of illegal income made by the court took effect, it has been recognized by some countries through international criminal judicial assistance to apply for overseas enforcement through international criminal judicial assistance.

Source Procuratorial Daily Justice Network