A joint response mechanism behind a corruption related money laundering case, a case of double investigation, allowing stolen money to be recovered
2022-12-02
Recently, the Supreme People's Procuratorate released five typical cases of money laundering crimes punished by procuratorial organs, including one case involving corruption and money laundering. On December 22, 2020, the People's Court of Daqing Mountain County, Heilongjiang Province sentenced Ma Mouyi to 10 years' imprisonment and a fine of 500000 yuan for the crime of accepting bribes; Ma Mouyi was sentenced to two years of fixed-term imprisonment for money laundering, with a fine of 100000 yuan; For several crimes, it was decided to execute a fixed-term imprisonment of ten years and six months and a fine of 600000 yuan. Ma Mouyi did not appeal, and the judgment has taken effect. In 2020, the supervision commission of Yichun City, Heilongjiang Province found in the investigation of the serious violation of discipline and law committed by Ma Erjun, the director of the Ministry of Commerce of PetroChina Guangdong Petrochemical Company under the jurisdiction of the National Supervision Commission, that Ma Erjun arranged his younger brother Ma Eryi to contact the briber many times in the process of taking bribes by taking advantage of his position, and Ma Eryi collected bribes from the department and branch on his behalf, Ma Mouyi also used his bank account for many times to receive bribes transferred by Ma Moujun for investment and operation, which is suspected of money laundering. The special case team immediately carried out "double investigation of one case", launched the joint anti money laundering response mechanism, held a joint meeting with the People's Bank of China, the public security, the procuratorate and other departments, sought to share information on suspected money laundering crimes, and sorted out and analyzed the bank account, stock account and financial account of Ma Mouyi according to regulations and laws. According to the investigation, from 2004 to 2015, Ma Mouyi repeatedly accepted bribes from Ma Moujun totaling 1.09 million yuan and 80000 dollars, which were used for personal business and investment in financial products. His behavior has been suspected of money laundering. "Money laundering is closely related to the facts of official crimes, and the supervisory authorities have the responsibility and obligation to investigate the whereabouts of stolen money and goods. Only by investigating money laundering can they fully perform their functions of investigation and disposal." According to Li Jicheng, a staff member of the special case team, according to the provisions of Article 34 of the Supervision Law, the special case team strengthened the overall coordination with the public security organs, and carried out a combined investigation of the facts of duty crimes and self money laundering. At the same time, Yichun Municipal Commission of Supervision consulted with the procuratorial organ in advance to solve the problems of fact finding, evidence collection, criminal policy, etc., and changed the defendant Ma's crime of accepting bribes, covering up and concealing his crimes into the crime of accepting bribes and money laundering, so as to realize the simultaneous investigation, prosecution and trial of corruption related money laundering. After the sentence was pronounced in the first instance, Ma Mouyi pleaded guilty in court. At present, the situation of combating money laundering crimes is still serious. At the beginning of this year, 11 departments, including the People's Bank of China, the Ministry of Public Security and the National Supervision Commission, jointly issued the Three Year Action Plan for Combating Money Laundering Offences (2022-2024), which decided to launch a nationwide three-year action against money laundering offences from January 2022 to December 2024. According to the unified deployment of the "Skynet 2022" action, the People's Bank of China, together with the Ministry of Public Security, has launched a special action to prevent and crack down on the use of offshore companies and underground banks to transfer illicit money overseas, which not only continues to crack down on money laundering through underground banks, but also attaches importance to cracking down on money laundering through fictitious currencies and other means in recent years. Disciplinary inspection and supervision authorities at all levels strictly implement the spirit of the Amendment to the Criminal Law of the People's Republic of China (XI), make good use of the relevant provisions of the crime of money laundering, not only investigate corruption crimes, but also coordinate with the public security organs
Edit：sishi Responsible editor：xingyong
Source：http://www.ccdi.gov.cn/
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