Production of Phoenix Finance "Bank Eye"

Text丨Xiaoxiao

Due to being involved in a fraud case by employees of Everbright Bank, Yingke's account was frozen by about 20 million yuan. Recently, it is appealing to the court to unfreeze the funds, which involves a 160 million yuan financial fraud case.

Fraudulent customers for more than 160 million yuan

According to the verdict, from June 2009 to June 2022, Xi used his identity as the account manager of the Zhengzhou Weier Road Branch of Everbright Bank to recommend his fictional financial products to familiar customers. She lied that this was an "internal" financial product, not only had a higher yield than other products, but also promised to guarantee principal and interest.

In order to gain the trust of investors, Xi directly arranged the customer to the office area of ​​Everbright Bank, displayed his forged financial product agreement, and stamped it with a privately engraved banking business seal. Then, the customer withdraws large amounts of cash and then transfers it to the account under her control, transfers it directly using an office computer, and transfers it to the account under her control.

Using the customer's money to pay the customer's interest, relying on this "Ponzi scheme", Xi defrauded the trust of 31 investors, and totaled more than 160 million yuan in financial management funds.

It is worth mentioning that as a bank employee, Xi has defrauded him in the bank office area for 13 years, but Everbright Bank failed to discover it in time.

Until April 2022, a deceived person went to the Jinshui Branch of the Zhengzhou Public Security Bureau to report the case and claimed that he was defrauded of 2 million yuan by Xi. At this point, she finally stopped scamming and admitted her crimes.

The court found that Xi was guilty of fraud and was sentenced to life imprisonment, confiscated all his personal property, and deprived of political rights for life. The next step is to check and change the property under Xi's name and return it to the victim in proportion.

Squander 61 million to defraud stolen money and reward the anchor

According to the verdict, as of the incident, Xi had returned the investor's principal of 60.31 million yuan and paid 7.67 million yuan in interest, and the remaining 94.48 million yuan remains to be recovered.

Unexpectedly, among the more than 90 million yuan, Xi used the proportion of buying a house and a car, and spent more than 4 million yuan in total. The most used one was to go to the live broadcast room to reward the anchor, involving more than 61 million yuan. Among them, she recharged more than 59.51 million yuan on the Yingke platform and more than 1.7 million yuan on the Douyin platform.

Regarding the issue of recovering stolen goods, the court pointed out that the amount of more than 61 million yuan recharged by Xi is not a reasonable consumption behavior, and objectively causes the fraudulent funds to be unable to be repaid. They should be recovered from the two live broadcast platforms, Yingke and Douyin and the anchor, and then returned to the victim in proportion.

Due to involvement in this fraud case, Yingke's account was frozen by about 20 million yuan. Faced with this situation, Yingke recently appealed to the court, trying to unfreeze the funds. Yingke's reason for appeal focuses on "good faith acquisition". He believes that although the reward funds come from fraudulent stolen money, the platform obtains reward share without knowing it, which meets the conditions for good faith acquisition.

Does the rewards on Yingke platform meet the conditions for "good faith acquisition"? Teng Ru, director of the Financial Investment and Financing Legal Affairs Department of Beijing Jingshi (Tongzhou) Law Firm, said, "The court's judgment is more inclined to protect the rights and interests of the victims and requires the platform to return the stolen money. According to the Civil Code, three conditions must be met: the assignee is in good faith, pays a reasonable consideration, and completes the delivery. If the Yingke platform can prove that it has fulfilled its reasonable obligation of care and the reward is in line with market practice, it may constitute good faith acquisition and no compensation is required."

Teng Ru believes that "Xi has committed fraud in the office area of ​​Everbright Bank for 13 years, which shows that there are obvious regulatory loopholes in Everbright Bank, which may have constituted a violation. If the live broadcast platform ultimately meets the conditions for good faith acquisition, the remaining part should be compensated by Everbright Bank."

References:

"160 million financial fraud, the platform takes the blame for the bank, and the accountability cannot be a "confused account"", China Net Technology

"absurd! The account manager of Everbright Bank cheated customers of nearly 100 million yuan in 13 years to reward anchors》, Technology Finance Online

[Editor in charge: Xie Wei PF123]