In recent years, "financial directors", as executives responsible for finance within a company, often appear on lists of criminal defendants.

Taking the Beijing area as an example, we have sorted out the criminal cases involving "financial directors" and summarized the characteristics, causes and typical cases of this type of cases for the reference of financial directors to prevent problems before they occur and reduce criminal risks.

1. Characteristics of the case 1. Characteristics of the cause of action: concentrated on two categories: crimes of undermining the order of the socialist market economy and crimes of infringement of property.

There were 12 crimes involved (see the figure below for details), including 36 cases of illegally absorbing public deposits, 5 cases of job embezzlement, 4 cases of falsely issuing special value-added tax invoices, and 2 cases of fund-raising fraud.

Common crimes of financial directors Note 1: The data comes from the Wolters Kluwer database, and the search range is 2012.3-2019.9; Note 2: Others include corruption, bribery, illegal business, fraud, abuse of power by state-owned company personnel, and defrauding loans.

, the crime of helping to destroy evidence, and the crime of extortion.

2. Characteristics of the application of penalties: (1) The main penalty is fixed-term imprisonment and a fine; (2) The penalty application rate is high and the probation rate is low; (3) The penalty period is relatively short, except for the crime of fund-raising fraud, mostly five years

Fixed-term imprisonment of not more than 1 year; (4) The amount of fine is closely related to the amount involved, so the range is relatively large.

Applicability of the financial director’s penalty 3. The form of crime varies greatly depending on the crime.

Among stakeholder crimes, such as the crime of illegally absorbing public deposits, the financial director often appears as the perpetrator; in non-stakeholder crimes such as the crime of job embezzlement and the crime of falsely issuing special value-added tax invoices, most of them are personal crimes committed by the financial director.

Behavior.

2. Reasons for the incident 1. Weak awareness of criminal legal risk prevention and control.

Taking cases of illegally absorbing public deposits as an example, it is difficult for financial directors to have a clear understanding of the legality of a company's business activities. Once a company is involved in a criminal offense, financial directors will follow suit.

2. The financial system of the company involved is not perfect.

Take job embezzlement cases as an example. Most financial directors take advantage of their positions to seize loopholes in the company's imperfect financial management and appropriate the company's property for themselves.

3. "Risk" illegal crimes for the benefit of the unit.

In the case of falsely issuing special value-added tax invoices, the financial directors, with the explicit or implicit instructions of the boss of the unit, knew that there was a tiger in the mountain, so they favored the tiger in the mountain and falsely issued a large number of special value-added tax invoices.

3. Typical cases 1.

Crime of illegally absorbing public deposits: The financial director assisted in fabricating investment and development projects that did not have the ability to perform the contract and publicly publicized Liu Mingming and other fund-raising fraud and illegally absorbing public deposits through unspecified channels to the public. From 2013 to 2014, the defendant Liu Mingming (who served as the financial director)

With the approval of relevant state departments, in the name of Huatai Huitong (Beijing) Equity Investment Fund Management Co., Ltd., they fabricated investment projects such as the renovation of shantytowns around the railway station in Yuwangtai District, Kaifeng City, Henan Province and packaged them as "

"Huatai Affordable Housing Construction Phase I" and other private equity funds with an annualized return of 11% are sold, with the promise of guaranteed principal and interest payments as bait, and are publicly publicized to the public through the Internet, distribution of leaflets and other means, among which the financial director Liu Mingming is responsible for the registration work and finance

Preparatory work, and explained the private equity fund raising, investment and capital withdrawal procedures at multiple meetings, and successively attracted 294 people (288 natural persons, 6 institutions) such as Xu 1 and Wang 6, with a total capital of RMB 643

696 505.06 yuan.

After trial by the court, the defendant Liu Mingming was found guilty of illegally absorbing public deposits and was sentenced to ten years in prison, deprived of political rights for two years, and fined RMB 500,000.

2.

The case of Li Yifei's job embezzlement was found out after trial: Since November 1, 2007, the defendant Li Yifei has worked at Yibia Company as the financial control manager of the company's China business department.

Since November 2012, he has served as the company’s financial director.

In March 2012, the defendant Li Yifei booked a trip to the United States for herself and ***8 of her relatives and friends through a travel agency, and took advantage of her position to instruct financial personnel to pay the expenses for traveling to the United States with her relatives and friends from Yibia Company.

The company paid RMB 104,057.

In March 2012, the defendant Li Yifei requested instructions from S×, the vice president of finance of 100 million U.S. dollars via email and was approved to reimburse 880.67 euros in business trip expenses. The defendant Li Yifei modified the email to increase the reimbursement amount and falsely claimed RMB 222,556.75.

Yuan was embezzled.