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Contract Fraud Case Of "Killer Of Textile Enterprises" 25 Textile Enterprises Lost Hundreds Of Millions Of Yuan

2021/10/12 19:13:00 0

Contract Fraud

Cooperation with foreign "big manufacturers", strong strength of the company, good reputation in small transactions in the early stage... The seemingly gorgeous promises constantly paralyze the victims of business owners. Behind them are the traps carefully laid down by Ni Lizhong, song Guozhu and their overseas "black hands". From August 2015 to the case, Ni and song made 25 textile enterprises "win the bidding" with this kind of contract fraud, resulting in losses of hundreds of millions of yuan, and some enterprises even went bankrupt under the pressure of huge losses. Zhang, the "big boss" behind the scenes directing them overseas, was a famous "killer of textile enterprises" in the industry many years ago.

A few days ago, the extraordinary series of contract fraud cases came to an end, and the defendants Ni Lizhong and song Guozhu were sentenced to 17 years' imprisonment and 12 years' imprisonment respectively, and each of them was fined.

After the sweet end, it's a big conspiracy

Lu Fang still can't forget the hot summer of 2015. At that time, Ni Lizhong and song Guozhu went to her company. They claim to be the person in charge of Zhejiang taiaini import and Export Co., Ltd. (hereinafter referred to as "taiaini company") and have several large orders from overseas customers. They are here to discuss cooperation with her.

Lu Fang, who has been working in the mall for many years, did not respond positively immediately. Ni and song saw her concerns and warmly invited her to visit the company. There, Lu Fang saw with her own eyes a whole floor of office building rented by taini company in Hangzhou, with business license and other certificates available. The registered capital is said to be as high as 100 million yuan. She also learned that the company has a partner in the United States, and there is no bad record of the partner on the Internet, so her concerns were reduced by three points.

What really wins Lu Fang's trust is the following "happy" cooperation. Since the end of 2015, the two sides signed two small orders. "The payment time agreed in the contract is 35 days after delivery, and the result is that the money arrived several days ahead of time." tai'aini company's "keep promise" style, let Lu Fang completely put down the alert.

From January to may 2016, Lu Fang signed four purchase and sales contracts with total amount of 13 million yuan, including nearly 300000 cotton padded clothes and jackets. At this time, Lu Fang was no longer hesitant. She made full use of her power to produce and wholesale the goods to the United States.

However, when Lu Fang delivered more than 12 million yuan worth of goods, the other party only paid 400000 yuan for goods, and the rest of the money was not found. In the face of the demand, the two claimed that "the goods of the American company have not been sold out, and the payment has not been collected", and they repeatedly pushed forward.

When Lu Fang went to the company again, she found that it was empty. She was suddenly upset and had to sell the goods with a surplus value of nearly 1 million yuan for 100000 yuan, but the payment for the goods sent out has not been recovered. So far, Lu Fang's loss has exceeded 12 million yuan.

There are also black hands behind the puppets

Lu Fang's experience is not unique. Since 2015, Ni Lizhong and song Guozhu have cheated more than 20 textile enterprises in Hangzhou, Yiwu, Xiangshan, Pinghu, Fujian, Guangdong and other places with similar deception.

"In July 2015, Ni Lizhong, song Guozhu and others set up taiaini company. Although it is an import and export company, it has no economic strength in fact. To put it bluntly, it is a shell company." a former employee of the company disclosed.

However, this does not affect the two people to display their usual trick - empty handed white wolf. Taiaini company often looks for and employs a group of employees with rich contacts and experience in the industry, contacts some textile enterprises under their guidance, expresses their willingness to cooperate, and paralyzes the other party by paying the payment on time in several small transactions, so as to further expand the line and catch big fish.

After the owners of the enterprise signed a large order and delivered the goods, Ni Lizhong and song Guozhu stopped paying for the goods, and they also used various reasons to prevaricate. For example, the US partner had not yet sold the goods, the payment required complicated procedures, and the funds were frozen.

It is understood that Ni Lizhong and song Guozhu are only one link in the chain of contract fraud. They act as agents, and the goods with tens of millions of yuan were finally exported to Zhang, who is far away from home.

According to Ni Lizhong and song Guozhu, Zhang, with many overseas companies under his name as the main body, through domestic trading companies or individuals as intermediaries, cheated many domestic textile enterprises of thousands of containers of clothing products under the banner of clothing procurement, and then made profits by selling at low prices. A few years ago, Zhang used high price orders to induce enterprises to deliver goods. After receiving the goods, Zhang disappeared. Therefore, Zhang is known as "textile enterprise killer" in the industry. Later, Zhang became infamous in China and played the trick of supporting puppets.

In 2014, Ni and song got to know Zhang in business contacts, and then became Zhang's agent in China. Under his instruction, he defrauded domestic textile enterprises of huge amounts of goods. As for Zhang's past behavior, Ni and song knew Zhang's real identity from the victim. "If the real identity of Zhang, domestic customers will certainly not accept orders." Ni Lizhong said afterwards.

After being cheated, Lu Fang went to the United States to ask Zhang for payment. Zhang initially promised to pay by the end of the year, but he didn't pay a cent. Later, Zhang simply played a missing. There are quite a number of injured business owners like Lu Fang who traveled across the ocean to protect their rights, but all of them failed because Zhang refused to cooperate and was not familiar with local policies and laws.

Is it a fraud accomplice or a cheater?

After receiving reports from some of the victims, the public security organs quickly arrested Ni Lizhong and song Guozhu.

At the stage of investigation and prosecution, Shaoxing procuratorate found that in addition to taiaini company, Ni and song also established several import and export companies, such as Zhejiang zengchuang and Hangzhou yingyu, in a few years. Their explanation was "because the payment for goods has not been settled before, it is impossible to continue cooperation, so I can only look for new customers". The two said that because Zhang had been in arrears, they were unable to pay for the victims.

Since Zhang did not perform the contract, why did the two still send the goods of the injured textile enterprise abroad? "Zhang told me that he has an oil field abroad and will have funds to pay in the future, so I believe him." in the face of the prosecutor's interrogation, Ni Lizhong said he was innocent and stressed that he had no intention of contract fraud.

Is it the same cheater, or collude with Zhang? The answer to this question is crucial to the conviction and sentencing of this case. In this regard, the prosecutor carefully examined the case file and the evidence on the case, and believed that Ni and song's company did not have the ability to perform the contract and was insolvent, but they still frequently changed companies to sign purchase and sales contracts, and used the way of fictitious facts to confuse the injured Enterprises. The reasons and explanations for not performing the contract were obviously contrary to the common sense. All these show that the two people have serious suspicion of contract fraud.

With the procuratorial organs returning to supplementary investigation twice and supplementing investigation by themselves, a series of new key evidences have come into the sight of prosecutors. According to the wechat chat record between Ni Lizhong and Zhang, the two sides have discussed for many times how to deal with the victims and expand new suppliers. In addition, through a bank card photo in the mobile phone, the prosecutor found that Zhang sent people to Ni Lizhong's private account for many times, which could be presumed that the money was the illegal interest paid by Zhang to Ni Lizhong, and Ni Lizhong could not reasonably explain the source and nature of the money.

Based on all the evidence in the case, the prosecutor believes that the acts of Ni Lizhong and song Guozhu constitute the crime of contract fraud. In addition, Ni Lizhong defrauded the victim enterprise of 1 million yuan in the name of "borrowing", which constituted the crime of fraud.

Finally, the procuratorial organs prosecuted Ni Lizhong for contract fraud and fraud, and song Guozhu for contract fraud. After trial, the Court adopted the charges and facts of the crime charged by the procuratorial organ and made the above judgment according to law. As Zhang is living abroad, the public security organs are still pursuing his criminal activities.

Send risk warning letter to enterprises

On September 16, the prosecutor made a special trip to a number of injured enterprises and sent business risk warning letters to business operators of private enterprises, reminding them to enhance their awareness of risk prevention and understand the credit situation of the other party through various channels before trading. The signing of the contract should be careful, and the contract, shipping records, chat records and other important transaction information should be properly kept. In case of illegal infringement, it is necessary to report the case in time and actively cooperate with the judicial organ in investigation.

"Under the influence of the epidemic situation, it is not easy for enterprises to operate. We can understand your mood of trying to do business as soon as possible, but criminals have just grasped this psychology," the prosecutor repeatedly reminded, "In the textile industry, there has always been a hidden rule of" receiving orders on credit ", which has laid a hidden danger for criminals to make profits by relying on their accounts. Therefore, for unfamiliar trading objects, guarantee means should be fully used to minimize transaction risks."

At present, Shaoxing procuratorate is taking the case as an opportunity to sort out the common risk points of being cheated in the operation of textile enterprises, deeply analyze the social governance problems behind the case, and plan to work with the textile industry association of the city to strengthen cooperation and supervision, so as to create an honest and orderly market environment and a fair and just legal environment for the development of private enterprises.

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