Pay by phone100000 yuan! Shanghai private equity chairman suspected of falling into fraud "mahjong intimate contact"

Our reporter Ma Xiaochao and Chen Feng report from Beijing.

On the evening of June 7, 2023, at 65438, a private equity executive reported that he had recently been released on bail pending trial, and the news that he borrowed money to pay huge bail was circulated on the Internet, causing concern.

But what the outside world is concerned about is not what the so-called "top secret case" involves, but whether the case exists. A domestic network big V issued a document saying that private equity executives obviously entered the "mahjong intimate contact" of telecom fraud from the beginning.

Strangely, perhaps because of working and living overseas all the year round, the parties concerned did not show any doubt that they were in a scam in thousands of words of self-report.

The self-reported party in this online file is Niu Yuanming, chairman and general manager of AXA Private Equity Fund Management Co., Ltd., whose company is a foreign private equity institution officially filed with the fund industry association.

The reporter of China Times dialed the telephone number of the person in charge of compliance risk control and information reporting of the agency, and the other party said that it would not comment on the online documents.

COVID-19 answered the phone in secret.

The title of the online document is My Statements and Declarations. In the article, Niu Yuanming described what happened to him at the end of last year in the first person's tone, and the signature time was 65438+February 26, 2022.

The online document is ***4 pages, which is the first page.

Niu was born in China and is now a British citizen with a Hong Kong permanent identity card. In June 2020, he joined AXA Group, the parent company of AXA Private Equity Fund Management Co., Ltd. in Hong Kong, and moved to Shanghai in June 2022.

The incident began with a phone call he received on June 7, 2022. According to online documents, he said that he accidentally received a phone call from Ms. Fang, an employee of the Wan Chai Prevention and Control Center of the Hong Kong Department of Health, at AXA Shanghai Company that day. The phone number was in Hong Kong. The other party told him that the relevant data on Hong Kong Anxin Travel APP showed that he had a secret connection record in a hospital in Hong Kong on the afternoon of June 6, 2022.

"I said that in 2022165438+10.6, people were in Shanghai, so they couldn't be in Hong Kong." Niu Yuanming said that after communicating with "Miss Fang", it was found that Chinese mainland's mobile phone number linked to Hong Kong Anxin Travel APP was not his own, and it was suspected that someone else had stolen his identity information and went to the business hall of a telephone company in Pudong to handle the mobile phone number.

What happened afterwards was that Niu took the initiative to report the case. "Miss Fang immediately contacted the Pudong Branch of the Shanghai Public Security Bureau." After that, the police handling the case started the online case handling procedure, but when "verifying my identity information, I found that my identity may be related to a highly confidential case being undertaken by the police. Police officer Li immediately asked his superior to show me the Consent Letter of the Confidentiality Agreement of the State Secrecy Bureau and asked me to sign it electronically on my mobile phone".

Later that day, another police officer, Captain Gu, took over the case. "Captain Gu showed me the case information on WhatsAPP, instructed me to return to my residence under monitoring conditions without excluding my contact with existing physical evidence, and started online monitoring to give me early warning of the case. Because it involves state secrets, any case information shall not be disclosed to the employer, employees, relatives and family members of the company or any third party. "

So far, the experience of Niu Yuanming 165438+20221October 7 has caused many questions.

A network V forwarded the documents and commented: "Foreign private investors were defrauded by telephone100000 yuan, and they didn't realize they were cheated."

Several domestic lawyers who have studied online documents also believe that if the details of the experience in the online documents are true, the parties concerned should be defrauded by telecommunications.

Lawyer Wei Jingfeng, deputy director of Beijing He Hong Yu Wei Law Firm, pointed out to the reporter of China Times that one of the major reasons is that there are many procedural errors. For example, the parties say that the online procedures of public security organs do not meet the requirements. Although there was an epidemic at that time, the public security organs would also take offline handling methods, especially the delivery of major documents, and it was impossible to sign for it by mobile phone; If compulsory measures are taken against the parties, a decision on obtaining a guarantor pending trial or a decision on monitoring residence will be issued, which are standard documents, rather than direct network monitoring as mentioned in this case.

A partner of a law firm in Shanghai told this reporter that "it is impossible for police investigators to show the case information to the parties on WhatsAPP". This is a foreign software, owned by Facebook. "How do people in the system use it to communicate and handle cases?"

/kloc-rare bail of 0/0 million yuan

In the eyes of legal persons, the details of the case reported by Niu Yuanming after 165438+20221October 7 also exist many impossibilities.

For example, on June 8th, 2022165438+1October 8th, the police "Captain Gu" reported the information I learned from yesterday's investigation, the case materials and my cooperation attitude to the project attorney general of this case, and Gao Procurator asked him face to face through remote interrogation. At the suggestion of Captain Gu, I asked the Attorney General not to put him on the suspect list on the grounds of reporting the case voluntarily, having an alibi and being positive in cooperation, so as to avoid criminal detention and freezing detention orders. But the attorney general refused. "

Because the so-called request not to be included in the suspect list was rejected, it also led to the subsequent bail link of 10 million yuan. "I once again urgently requested Gao Procurator-General to get a bail pending trial and strive to cooperate with the police to conduct a special investigation outside prison. Captain Gu offered to be a guarantor, and Attorney General Gao requested to provide a guarantor pending trial, case evidence and deposit of 2.37 million yuan. Because I hold a Hong Kong identity card, the Attorney General contacted the Hong Kong Independent Commission Against Corruption, and the account designated by the Independent Commission Against Corruption accepted the equivalent of Hong Kong dollars, and issued a bail pending trial order on 10/5, 2022. "

However, nine days later, the bail was raised to 6.5438+million yuan. "On June 7, 2022 165438+ 10/KLOC-0, Judge Zhang of the Second Trial Chamber of the Shanghai Intermediate People's Court reviewed my application for bail pending trial through remote video interrogation. On the premise that the relatives of the victims reported the case the day before yesterday and considered the seriousness and potential social impact of the case, Judge Zhang decided to increase the amount of bail pending trial to100000 yuan. "

Network picture

On February 22, 2022, 65438, Niu Yuanming credited the bail to two Hong Kong bank accounts designated by the Hong Kong Independent Commission Against Corruption.

Two days later, "Attorney General Gao informed through WhatsAPP that the special investigation conducted by the police at the same time had reached a conclusion, which proved that I had nothing to do with the case and had left the identity of the suspect involved. Director Liang of the Finance Bureau of the Procuratorate is arranging the return procedures of bail funds. "

However, difficulties occurred during the period of returning the bail. "On the afternoon of February 26th, 2022, at 65438, Director Liang of the Procuratorate contacted me through WhatsAPP and told me that I met the conditions for the return of funds. However, due to the latest national anti-money laundering regulations, I either return the original bail within 6 months according to normal procedures, or pay an additional 30% of the original bail in my personal account of HSBC as a mortgage deposit, and pass the bank verification and internal audit within 2 to 48 hours, and all the bail will be returned and the mortgage deposit will be immediately.

Niu Yuanming couldn't wait for half a year, and the long self-report finally came to an end. According to the online documents, he said that because he had borrowed money to pay bail, he was now in debt of several million Hong Kong dollars, and he was unable to pay the mortgage deposit in the face of the repayment requirements of his friends before Christmas and the year before last.

"I urge the company to give me as much legal support as possible without touching the police confidentiality agreement, and get the financial endorsement of bail, and strive to return all the bail money and the company's short-term personal loan as soon as possible to get rid of the predicament." Niu Yuanming finally said this.

Many of the case procedures mentioned in the above-mentioned readme are also considered to be problematic by legal persons.

Lawyer Wei Jingfeng told the reporter that the investigation of general criminal cases in China is the responsibility of the public security organs, the procuratorial organs are responsible for the examination, arrest and prosecution, and the courts are responsible for the trial. Mr. Niu said that Captain Gu of Pudong Public Security Bureau took over and reported to the Procurator-General, and Captain Gu was the guarantor. Finally, the Shanghai Intermediate People's Court examined the application for bail pending trial, which was completely inconsistent with the procedural provisions of China's criminal procedure law. According to China's criminal procedure law, the public security organs will not report to the procurator-general of the procuratorate whether they are released on bail pending trial, and it will not be decided by the court. The court cannot intervene in advance, and the investigators of the public security organs cannot be guarantors.

"If a criminal suspect pays a deposit on bail pending trial, he will do it in a mainland bank account designated by the mainland investigation organ in China, not in a Hong Kong bank account. In addition, the deposit for obtaining a guarantor pending trial in China is generally above 1000 yuan, and the deposit as high as1000 million yuan is really rare. If it does not constitute a crime, the public security organ will issue a decision and notice to dismiss the case. Regarding the return of the deposit, it is generally the same as the return of the original, rather than paying a mortgage deposit. " Wei Jingfeng said.

Network segment or real experience

There are too many procedural loopholes in the above cases, and non-legal professionals can also detect them. When the outside world exclaims incredible, it must be just a network joke.

An economic crime defense lawyer in Guangdong analyzed to reporters that it is obviously a very common fraud routine. How private equity executives are so easily deceived is not known afterwards. The existence of network files is the possibility of network jokes.

According to the records of the fund industry association, Niu Yuanming is the legal representative, chairman and general manager of AXA Shanghai, and Zhang Beibei is the person in charge of compliance risk control and information reporting.

654381On the evening of 7 October, our reporter called Zhang Beibei, and the other party's response seemed to show that AXA Shanghai had noticed the online documents, but declined to comment.

After identifying himself, our reporter asked, "There is a statement by Niu Yuanming on the Internet. Have you noticed it?" Zhang Beibei didn't ask what the statement involved, but directly replied, "Yes, the company didn't authorize me to comment on it." The reporter asked if the online statement was made by Niu Yuanming. The other party said that it was "unclear" and asked "Is the company concerned about this matter?" The other party said.

The reporter then sent a text message to Zhang Beibei. As of press time, no reply was received.

Niu Yuanming's mainland mobile phone number disclosed in the online transmission document is encoded and unrecognizable.

The reporter dialed the Hong Kong mobile phone number of the button mentioned in the document. A few seconds after the call is connected, a Cantonese voice prompts that the number has been set for call forwarding, but no one answers. The reporter left a message for verification. As of press time, no reply has been received.

Reporter 65438+1On the morning of October 8, he called the landline number of AXA Shanghai Company, but no one answered the phone.

According to the data of the fund industry association, AXA Shanghai was established on 20 16, and it is a wholly foreign-owned private equity investment fund manager. The registration time is May 2022, and no products are registered in the Association at present. From 1985 to 1989, Niu Yuanming worked as an assistant researcher in the Institute of Philosophy of Chinese Academy of Social Sciences, but in the following decades, he spent most of his time outside China.

His work units in his resume were located in Britain, India, Viet Nam and Hong Kong, China, until he was transferred from Hong Kong to AXA Shanghai in 2020. According to online information, Niu Yuanming claimed that he was born in 1965 and is 58 years old this year. Although he worked in AXA Shanghai in 2020, he moved to Shanghai in 2022 10.

At that time, the mainland epidemic prevention and control policy had not been liberalized. One month after he moved to Shanghai, he received an epidemic prevention call from Hong Kong about "inviting him in", and then he entered the "close contact of mahjong" defenseless.

Wei Jingfeng said that if what Mr. Niu said is true, he should have suffered telecom fraud, and the amount of fraud is extremely huge. Deception is not advanced His Hong Kong number should be illegally obtained personal information. The other party said that the major case involving high secrets was a gimmick, with the purpose of creating mystery.

"In general, this organized telecommunication network fraud gang should be related to Hong Kong, because the money of funds has entered the account in Hong Kong, which may be an overseas fraud organization or a gang organization at home and abroad. Judging from the words of fraudsters, it is actually not clear about the judicial system in Chinese mainland. What is said is partly consistent with the judicial system in Hong Kong, but there are also many contradictions. " Wei Jingfeng told reporters.

Regarding Mr. Niu's situation, Wei Jingfeng suggested that he could report the case to his place of residence. According to the laws of China, both the place of crime and the result have jurisdiction, so the public security organs in Shanghai also have jurisdiction. "Here, through this case, I also remind netizens that if you encounter similar situations in this case, you can call 1 10 for help or consult a lawyer. If you remind me a little, you should be able to avoid such a major property loss. "

Editor: Yan Hui Editor: Xia Shencha