There are loopholes in fund supervision, taking risks and seeking personal gain. Strict investigation of high interest loan transfers by public officials
2023-07-07
Recently, Gao Lianzhu, former Party Secretary of the Fuzhou Municipal Bureau of Statistics in Jiangxi Province, was expelled from his party membership and public office, and was reported to be suspected of committing the crime of high interest loan transfer. After sorting out the reports in recent years, Liu Xinglong, the former party secretary and chairman of Hunan Shaoshan Rural Commercial Bank, Li Wei, the former party secretary and chairman of Yunnan Publishing Group Co., Ltd., and Yang Hongwei, the former vice mayor of Gongyi City, Henan Province, were all involved in such issues. The issue of using power or public officials to seek profits through high interest loans has attracted the attention of disciplinary inspection and supervision agencies. According to Article 175 of the Criminal Law, the crime of transferring loans at high interest rates refers to the act of obtaining credit funds from financial institutions for the purpose of making profits by transferring loans at high interest rates to others, resulting in a relatively large amount of illegal gains. "This kind of behavior does not use credit funds according to the purpose agreed in the bank loan contract, but instead lends to others to obtain interest margin, which is not only dishonest, but also will disrupt the order of the state in the issuance of credit funds and interest rate management, and circumvent the credit approval supervision, which may lead to financial risks," said Mao Jiangping, a member of the Jiangshan Municipal Supervision Committee in Zhejiang Province. The reporter noticed that the subject of high interest lending is the borrower, which means that enterprises, legal persons, other economic organizations, individual businesses, and natural persons with full civil capacity may all become the subject of high interest lending behavior. Luo Fusheng, director of the case management office of the Nanping Municipal Commission for Discipline Inspection, believes that the implementation of usury on lending by public officials should be particularly vigilant. The high interest transfer loan uses credit funds. Luo Fusheng told reporters that the embezzlement of credit funds from financial institutions by public officials for high-interest loans is not unrelated to their identity, but to some extent, it implies a violation of the integrity of their positions, rather than simply a personal misconduct of citizens. In addition, if one also takes advantage of their authority or position to proactively offer loans and interest payments to management service clients without financial needs, they may also be suspected of soliciting or accepting bribes. According to the amount of illegal gains from high-interest lending, the perpetrator will be sentenced to a maximum of three to seven years of imprisonment and a fine of one to five times the illegal gains. Party members and public officials who have committed usury on lending, even if they fail to meet the standards for criminal case filing and prosecution, according to the provisions of Article 28 of the Regulations of the CPC on Disciplinary Action and Article 41 of the Law of the People's Republic of China on Administrative Action against Public Officials, they should also be investigated for the corresponding party discipline and government responsibilities according to the specific circumstances. The cost of violating discipline and law is not high, why are there still public officials who know they cannot do it? The interviewed disciplinary inspection and supervision cadres believe that interest driven is the main factor, and the identity or position influence of public officials provides convenience for them. Some people use their identity as public officials to easily obtain credit funds for profit. Mao Jiangping analyzed that the advantage of public officials in obtaining credit funds has led a small number of people to use "crooked thinking" and even take risks, trying the law and lending these funds to third-party companies or individuals after obtaining loans from financial institutions, earning interest differences from them. Some take advantage of their position to steal from others. Xie Peng, the former president of Dianchi Sub branch of China CITIC Bank Kunming Branch, first got to know all kinds of people who had resources and capital needs in his capacity as the president of the bank, and "cast a net" for usurious lending. Subsequently, negotiate with others to apply for a loan at their own branch and lend at an annualized rate of 15%. Afterwards, he utilized
Edit：Zhou Shu Responsible editor：Wang Chen
Source：www.ccdi.gov.cn
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