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发表于 2014-11-4 03:24:08 | 只看该作者 回帖奖励 |正序浏览 |阅读模式
Legal Evening News (Reporter Li Kui) "I thought to sell at a good price, I did not expect caught in a scam, I cheated down the drain." Owns two water equipment sales company in Shanghai Zhang? Yuku no tears.
Four years ago, including these two companies, including nine companies and partners Jia Bennett (Shanghai) Water Equipment Co., Ltd., are packaged for sale to US corporate AO Smith Corporation, the US paid 655 million yuan to acquire all models Jia Bennett transferred to offshore accounts pure designated legal representative Lu Xueyan, which nine companies so far paid nothing.
This reflects the nine companies do this woman Lu Xueyan alleged contract fraud of nearly 300 million yuan, and the presence of multiple units to conduct job occupation and other public security organs, the reporter recently conducted a survey on the case.
Event reduction
Foreign acquisitions of a number of cooperative enterprises packaged for sale
Jia Bennett (Shanghai) Water Equipment Co., Ltd. by Zhang Dacheng, Lu Xueyan couple founded, the legal representative for Lu Xueyan, Zhang Dacheng responsible for the operation.
Jia Bennett and downstream water company has eight sales companies long-term relationship, Shanghai Su Wei Water Treatment Equipment Co., Ltd. is one of them, Hu Bin, general manager of the water treatment company, said Su Wei, between 2007-2009, good nits water This eight sales companies and enterprises nationwide water purification equipment sales once accounted for more than 40% market share.
By the end of 2007, the US AO Smith water treatment equipment company to enter the Chinese market, the proposed acquisition of the whole company and Su Wei Jia Bennett water treatment company, eight vendors, also includes Pu Reiter (Shanghai) Plastic Products Co., Ltd., the Bennett enterprise specialized water produced better fitting.
Hu Bin said that the transfer of assets based on the overall core business is good nits water company, but also long-term cooperation based on trust  couple, so eight sales companies were commissioned Lu Xueyan last couple responsible for negotiations with the United States AO Smith Corporation .
In this eight sales companies, including Zhang Dacheng Zhang's daughter? The two companies, which allow other marketing companies but is also convinced of the deal.
Two years of negotiations to determine the overall purchase price over 600 million
January 5, 2009,giubbotti moncler, Su Wei, eight water treatment company sales company with good nits water company signed a "memorandum of transfer of the company as a whole," agreed the transfer of assets derived from sales of the company's eight-oriented sub-transfer 45% of the total income, 8 subsidiary companies based on the number of customers of the network, the performance of the total value of each share transfer possession of, and agreed the transfer of the total amount of not less than 630 million yuan.
Five days later, the United States AO Smith Corporation, AO Smith (China) Investment Co., Ltd. as the buyer, Hong Kong Tianlong Industrial Co., Ltd. (Department of Jia Bennett pure parent company), good nits water companies and Zhang Dacheng, Lu Xueyan couples as the seller, signed a "letter of intent."
According to a lawyer after the eight sales company investigation that, for the completion of the transaction, Lu Xueyan (holders of Hong Kong permanent identity card), has set up three shell companies set up first day of the British Virgin Islands Long Holdings Limited, and then by Tianlong Holding invested in Hong Kong and AO Smith (Hong Kong) Company, as the new holding company abroad, then by AO Smith (Hong Kong) Company invested in Shanghai's AO Smith (Shanghai) Company, as the territory foreign-funded enterprises.
At this acquisition transaction entered a critical period, Lu Xueyan in August 2009 was arrested on suspicion of smuggling. September 16, 2009, Lu Xueyan issued power of attorney, the husband Zhang Dacheng commissioned agent in charge of this whole asset transfer negotiations,piumini moncler, contract and other matters, but a clear transfer of assets shall be remitted Lu Xueyan specified Tianlong Holding Hong Kong accounts.
After the acquisition of further negotiations the two sides, Tianlong Holding AO Smith Corporation and the United States signed a "share purchase agreement" to determine the total price of this transfer was 655 million yuan, and is divided into two phases, the first phase of the transfer of 80% in advance , the price of RMB 524 million; the second phase of the transfer of 20%, including the transfer of five percent in the third year, the fourth year of the transfer of 5%, the fifth year of the transfer of 10%, the final price in the future in accordance with the actual transfer of shares resulting prevail, but the price does not guarantee the end less than RMB 131 million.
Money credited Lu Xueyan start Bierbuxian
November 24, 2009, the US company based  AO Smith's request, the transfer amount of $ 6678 million paid to  control of Tianlong Holding Hong Kong accounts.
sentenced to probation, eight companies and Pu Reiter plastics company in December 2009 after being released on bail, find  negotiated transfer of money but did not pay to do so.
Pu Reiter major shareholder of Haida Plastics Corporation US Kanger Technology Co., Lu Xueyan holds 25% stake in the company, and served as the company's vice chairman, acquired in the previous negotiations, Pu Reiter plastics company agreed to 3000 million price packaged for sale by the joint trustees Lu Xueyan couple took the charge.
Haida US Kanger Technology Co., Ltd. Leader Huang told reporters, as trustee Lu Xueyan made its first overall transfer of money, it should be within a month Pu Reiter plastics company to pay the full transfer of money 30 million yuan,nike tn pas cher, but Lu Xueyan start Bierbuxian,moncler outlet, call representations also find a variety of reasons prevarication.
Whole package sold eight sales companies face encounters as well. Su Wei Hu Bin, general manager of the water treatment company, said Lu Xueyan always passing the buck,piumino moncler, so we also find  husband Zhang Dacheng representations.
DAR ES SALAAM, explained that the money remitted US companies Tianlong Holding Hong Kong account, this account controlled by Lu Xueyan, he talk to his wife Lu Xueyan negotiation.
But let DAR ES SALAAM, I did not expect that the January 28, 2010,moncler milano, his wife Lu Xueyan eliminating the DAR ES SALAAM handling matters overall transfer agent permission.
Rights report
Litigation caused the couple completely false enemies
Transfer money has yet credited, eight sales companies began to suspect Zhang Dacheng, Lu Xueyan couple teamed setup, fraud.
"These companies have told me many years of cooperation, the two companies as well as my daughter, how would I go fraud." DAR ES SALAAM, "said Lu Xueyan their brother Wang believes that large sums of money in foreign safer, otherwise it will been eyeing the kidnappers. "
May 2010, Zhang Dacheng Koto district suddenly received a summons Ningbo City People's Court, the plaintiff is Water Treatment Technology Co., Ltd. Ningbo Pu Reiter (legal representative is 's sister), the defendant is good nits water company . The plaintiff said that in May 2009 the company has worked with good nits water contract, agreed to buy 20 million price good nits water company under the name of industrial land and buildings, the plaintiff sued good nits water company to fulfill the contract.
"The lawsuit came as a thunderbolt to me, I did not know and have the contract, and have never thought to sell the company's property (appraised value of 126 million yuan)." DAR ES SALAAM, told reporters that the company had US wanted with the acquisition of his company bought the property, he did not agree, because this place is his villa property also includes a 90-year-old mother also lived in the villa, he could not put the property at such a low price to sell .
May 18, 2010, DAR ES SALAAM, reported to the police,hogan outlet, said the company suffered a contract fraud, after the public security organs to identify, this forged seal of "Real Estate Transfer Agreement" non-existent, the suspect locked in Lu Xueyan body.
Lu Xueyan initiative to find Zhang Dacheng. According to Zhang Dacheng memories,moncler uomo, Lu Xueyan see him go as long as the police said the case is dismissed, she would soon put eight sales companies transfer money paid into place.
After considering the two are husband and wife, and two children, he went to the police to Zhang Dacheng case removed. "But after only three days, I'll give Lu Xueyan call, she does not pick up."
It left Zhang Dacheng, Lu Xueyan thoroughly enemies, in order to keep real estate, Zhang Dacheng currently has court divorce proceedings.
Debt collection companies hopeless criminal charges Lu Xueyan
October 15, 2010,giubbotti moncler, AO Smith Corporation  with the United States completed ahead of AO Smith (Hong Kong) the remaining 20% ??stake in the delivery and control of the United States paid the second phase of the transfer of funds 131 million yuan.
February 13, 2012, debt collection hopeless eight sales company lawyer to sue the Shanghai Municipal Public Security Bureau of Economic Investigation Department Lu Xueyan, a few days after Pu Lu Xueyan Reiter plastics company also conducted a criminal complaint, which the company claims to more than nine 320 million large sums of money were illegally occupied land.
March 1, 2012, the Shanghai Minhang Public Security Bureau issued "filing this book", and stated the decision on February 13 filing of a report that Lu Xueyan job occupation filing a criminal case in line with the conditions.
Su Wei Hu Bin, general manager of the water treatment companies say they've been snooping around  whereabouts, and later learned that  probation period,outlet moncler, go to Hong Kong for handling money, find someone to do a piece, "When the church buildings," the resident identity card continent, whereby the identity of multiple trips between the mainland and Hong Kong.
August 15, 2012, on suspicion of stealing more  country (border) crime, was arrested Exit-Entry Administration of Shanghai Public Security Bureau, the prosecution month been arrested. Reporter in an interview that,  in April this year due to illegally cross the national border (frontier) was sentenced to one hospital in Shanghai for 3 years 6 months in prison, and now Shanghai Women's prison.
Eight sales company attorney Zhanghua Di told reporters in Shanghai over more authoritative legal experts believe  actions are consistent with embezzlement and fraud of the constituent elements of the contract, should be held criminally responsible.
However, in January 10, 2013, the Shanghai Minhang Public Security Bureau, "the written decision to dismiss the case" to send the next Pu Reiter plastics company, said  positions occupied case because they did not constitute a crime,air jordan pas cher, decided to withdraw the case. Zhang Huadi lawyer told reporters that police verbally answer eight sales company in February 2012 case 13 Daily is not on file, eight companies are ready to continue to the police complaint Lu Xueyan.
The latest progress
Women are still serving police someone yet to respond
Recently, the reporter interviewed on the matter Lu Xueyan want to, but because she is currently Shanghai women's prison, the reporter was unable to get in touch. Subsequently, the reporter tried to contact their agents to interview, but ultimately unsuccessful efforts by the parties.
Yesterday, the reporter went to the Shanghai Minhang Public Security Bureau investigators interviewed situation  case, the branch Publicity Division staff told reporters after the reception specific handling department will understand the situation and then reply to the reporter. But when reporters this morning,moncler piumini, as of this writing, has yet to receive police Publicity Division of the related replies.
Experts say
Secretary-General of the Criminal Procedure Law Committee of the Beijing Lawyers Association, Liu Ling lawyers believe that, in this case, the name of the company  eight sales companies and asset transfer agreement collecting money, but after receiving the transfer of money, if it refuses to be verified eight companies transfer money collected on behalf of the delivery, and there transfer money into hiding behavior, constitutes a contract fraud. Text / reporter Li Kui
(Original title: woman accused of contract fraud 300 million cash payment will not be affected by the delay in eight companies alarm activist woman after someone entrusted with the buyers negotiated intention is still serving a sentence)
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