437. Retreat does not avoid trouble, and traces the roots

Last time, I said that I returned to my place of residence in the summer and began to write a complaint file.

I saw him pick up the pen and write:

Explanation of the loan situation of Shenzhen 38 Co., Ltd

Shenzhen Municipal Public Security Bureau:

Regarding the loan of Hubei Sub-branch of Shenzhen Min's Bank (including the former Shenzhen Hubei Financial Service Society) to Shenzhen 38 Co., Ltd., I would like to add the following explanations from the perspective of respecting history and the spirit of being responsible for the cause:

1. This is a special loan that is first lent to the enterprise and then the office certificate is supplemented one after another.

I remember that one morning from June 8 to 12, 1994 (at that time, I had just joined Hubei Financial Services Co., Ltd. for more than a month as a probationary worker, and I formally signed the employment contract with the service agency on September 1, 1994), Zhuang Yu, general manager of the financial services cooperative, convened a meeting with Qin Xianhong, deputy general manager, Wang Kangkang, director of the office, Chen Shiqing, director of the personnel department, Zhang Jingjing, director of the sales department, and managers of the three secondary credit departments (Xu Donghai, Xia Xia, and Bu Ding, three departments). Zhuang Yu said: "Now the deposit of the service cooperatives is 250 million, and the loan is only 150 million, if in a few days, we repay the loan of Anyan Auto City Company by 30 million yuan, there will be a loan of 100 million yuan." In this way, we have so many extra deposits to pay interest, and the loan that can earn interest is only 100 million, so we will lose money when we calculate the accounts. Then, we will have no way to explain to our shareholders, and we will have no jobs. Therefore, this is a major event for the whole company in recent days, and everyone must find a way to find a large loan holder who can absorb a large amount of money for the service agency to choose a loan. He also asked everyone to contact customers who have recently approached a financial service agency and the two sides are not close to each other due to interest rate negotiations. The service agency can take the initiative to reduce the interest rate (from 2.5 cents per month to 2.3 to 2 cents). The 38 joint-stock company was one of the customers who asked for a loan of more than 30 million yuan at that time, but was unwilling to take out a loan because of the high interest rate. When Hubei Financial Services Society talked to Chen Shanwei, the company's legal representative, for the second time, he went directly to Mr. Zhuang's office, and I and Director Wang Kang of the office participated. Mr. Zhuang said: "I have always had a soft spot for the deeds of Shao Xianniang of your company, and now I read the serialization of her deeds in Hong Kong newspapers every day. Mr. Chen, can you introduce her to be our senior advisor to the service agency?"

Chen Shanwei replied, "I can introduce her to you." However, she has been very busy lately, and she has been busy in the United States all day, so I will contact her. ”

Speaking about loans, Chen said: "To be fair, the interest rate of 2/3 is also high,...... The board of directors studied and agreed, and I will do it, otherwise, I personally do not take this risk. ”

Talking about the amount of borrowing, he asked: "Our real estate certificate, generally do 30 million yuan loan no problem, however, we don't need so much now, the current contract will be signed 15 million yuan, in the 15 million yuan for a while, not so much, the most needed is 8 million yuan, the rest of the second installment to us." ”

The loan of 38 Co., Ltd. is specially arranged in this way when both parties have their own needs. See: The contract was signed on June 13, 1994, and the loan of 8 million yuan was disbursed on June 16. On the morning of June 20, the Municipal People's Bank of China came to check the accounts, and on June 28, the People's Bank of China Jinyin led the working group to announce the closure of the Hubei Financial Services Society for rectification, stop all loan activities, and the People's Bank of China Shen Dongping, section chief, took over the loan information of all customers. At this time, the loan had not yet had time to go through the notarization procedures (note: the notarization procedures were handled by the loan officer Ou Zhongzhong and the personnel of the 38 Joint Stock Company at the Luohu Notary Office on July 1, 94 after the People's Bank of China completed the examination).

He was very surprised when Shen Dongping found that most of the mortgage loans had not been properly formalized, such as the Anwei Economic Development Company pledging 10 square kilometers of land to Anyan Automobile City Co., Ltd. for a loan of 180 million yuan, without even a red line map; as a mortgage for 78 assembled cars, only the factory certificate was placed at the financial service cooperative; and the third-party deposit certificate was pledged without even a pledge statement. One night, General Manager Zhuang Yu and Vice President Qin Xianhong took me to meet Xiao Xiao, former Vice President of the People's Bank of China. Xiao heard that I was a loan officer of a financial service agency, so he regarded me as the above-mentioned loan handler and scolded me for a night. Afterwards, I thought, fortunately, the 38 joint-stock company also brought the "real estate certificate", which has been locked in the iron cabinet of the business department, which is relatively perfect.

Since then, the three credit departments have been busy making up the loan procedures. Including: loan statements, approval forms, IOUs, and even accounts and vouchers of the sales department and notarization procedures, and strive to improve as much as possible.

On July 12, 1994, the Municipal People's Bank of China issued a "Confirmation of Audit Issues" to Shenzhen Hubei Financial Services Co., Ltd., which gave a complete description of the core problems of credit quality and required rectification. After July 13, 1994, the Financial Services Society submitted to the Municipal People's Bank of China the "Confirmation of the Confirmation of Audit Issues", and after several months of busy re-application work, it twice submitted to the People's Bank of China the "Request for Instructions on the Rectification of the Company and the Resumption of Normal Loan Business" and other documents.

Looking back now, most of the efforts to increase mortgages, replace guarantees, and improve procedures were rejected when they filed lawsuits with the courts, and the risks remain. It only plays the role of the Municipal People's Bank agreeing to resume business.

Needless to say, if the political and legal departments had gone to the Municipal People's Bank to read these three documents, they would have been able to confirm the fact that the Hubei Financial Services Society had "settled the accounts first and then perfected the procedures" and the so-called mortgage loans, which were generally not available as collaterals. At the same time, it can also show that this is a joint action of the financial services community and the borrowing company. The core problem here is that the leaders of the Hubei Financial Services Society knew before 8 June 1994 that the People's Bank of the Special Administrative Region planned to suspend the operation of the cooperatives for rectification, but in mid-June they concentrated on lending, resulting in nearly 10 enterprises suddenly and unexpectedly obtaining loans. I would like to provide another supporting evidence, and the interrogation records of nearly 10 people, including Zhuang Yu, in the file of the "Trial Supervision Procedure of the Loan Case between the Anwei Economic Development Company and the Hubei Branch of Bao'an District" initiated by the Trial and Supervision Division of the Municipal Intermediate People's Court in 98-99, can confirm the above facts.

2. The cooperation negotiations between the Hubei Branch of the People's Bank of China and the 38 Co., Ltd. were intermittent and finally broke up.

With the passage of time, the one-year deposits on which the financial services cooperatives relied for loans gradually matured from March '95, and the loans were difficult to recover, and the financial services cooperatives faced huge payment risks and social problems. How to come up with a large amount of money to buy fixed deposits at a high price has become a headache for everyone (for every 10 million yuan of deposits, an additional interest difference of 1.5 million yuan will be paid). At that time, finding ways to pass on this additional interest to the old borrowers became the central task of the head of the service union and the loan officer on a daily basis. The old borrowers were reluctant to ask the borrowers to organize the deposit guarantee service cooperatives to open their doors, and the old borrowers would negotiate some conditions and ask for more new loans to solve the problem of the source of funds for buying deposits.

On June 30, 1995, Hubei Financial Services Co., Ltd. invited 38 Co., Ltd. to the service cooperatives to meet with them to assist in organizing deposits and a package of medium and long-term loan plans for the construction of 38 Building. On July 10, 1995, Zhuang Yu took me and Bu to the head office to ask for instructions, and received a clear answer: "...... If the other party can issue a "Deposit Commitment", it can be done. ”

On July 20, 1995, Mr. Zhuang, Vice President Qin, Vice President Chen, Consultant Zhao and three credit managers, Director Chen of the Personnel Department and Director Wang of the Office of Hubei Financial Services Co., Ltd. held a meeting in Mr. Zhuang's office. The conditions are: to repay all old loans, to introduce a one-year fixed deposit of 60 million yuan (to be renewed for one year) by issuing a letter of commitment, and to guarantee that if the loan is not repaid when due, the deposit will continue to remain above 60 million yuan, and the deposit-to-loan ratio will remain 70%.

It should be emphasized that this contract was signed by General Manager Zhuang Yu after obtaining the consent of the head office of the People's Bank of China during his tenure of office. In accordance with the supplementary requirements of the head office, Hubei Sub-branch (Financial Services Society) required 38 Joint Stock Company to issue a letter of commitment. At the request of the bank, the latter issued a letter of undertaking dated 19 July 1995 for deposits with the above-mentioned organizations.

After the contract was signed, the director of the office of 38 Co., Ltd. went to the Hubei Financial Services Society to find Chen's job, and Chen called me to his office, and the other party asked, "Is the loan contract real?" Chen said: "Really." The other party said: "There are many opportunities for cooperation in the future." The next day, a group of four financial officers from the Overseas Transportation Company, a brother company of 38 Joint Stock Company, also came to my office and asked, "Is this true?" and I told them that the loan contract was signed at the meeting.

This "contract" was signed by the old team of the financial service cooperative, and was also recognized by the new team Wang Xianyao and Chen Jijiao, the deputy general manager of the new team after the Citizens Bank took over the Hubei Financial Services Society. Comrade Wang Xianyao wrote at the bottom of the contract: "Attached: Each loan is actually loaned and disbursed, and the loan verification procedures will be handled separately. ”

As the start-up capital for the introduction of deposits, a new loan of 3.5 million yuan was made on August 4, 1995. At the time of the loan, 38 Co., Ltd. had already introduced a one-year deposit of 33 million yuan for Hubei Financial Services Society. According to the original plan, the first phase had to borrow 15 million yuan, but in the end only 3.5 million yuan was obtained, which was more than 1 million yuan less than the spread cost of 30 million yuan of time deposits introduced in the market at that time. In this way, it caused great dissatisfaction within the 38 joint-stock company. One morning, Chen Shanwei was in the president's office, in front of everyone, and said to Wang Xianyao: "Mr. Shao said that I was doing stupid things in Hubei, and I couldn't get out of the loan after the deposit went in, and I was deceived by the financial service agency (Hubei Branch).

Here, people will ask, why is there a loan contract of 40 million yuan, and there are other contracts? The former is a medium- and long-term loan contract that the Hubei branch is preparing for long-term cooperation with the 38 Joint Stock Company, and the next is a specific sub-contract. So, what is the matter with the 15 million yuan? Here's what's going on: From June to July 1995, the Citizens Bank took over the Hubei Financial Services Society, and the former employees were listed as the objects of investigation by the Citizens Bank, and Xu Donghai and I were tentatively appointed as temporary heads of the credit department. Since then, the new team Wang Xianyao and Chen Jiaojiao have repeatedly requested the head office to settle the loan of the 38 Joint Stock Company in oral and written ways, so as to introduce deposits to keep the door open. After Gu Dingli, president of the head office, and Feng Laodao, director of the credit department, verbally agreed, they sent six people, including Yi Muzi, Zhang Yu, Wang Yu, Wan Zhongyi, and Luo Lianshan, the three section chiefs of the credit department, together with Chen Shanwei and others of the 38 Joint Stock Company, plus Chen Jiaojiao and Xia Xia of the bank, to inspect the plot of Nanshan Wowuda Company on the spot. After returning, Vice President Chen (Deputy General Manager) of the sub-branch instructed to submit the loan information as soon as possible. On the report, the credit investigator signed for Liu Aihua, and the credit examiner: Wang Yang signed for approval. In the long column of the credit section, the endorsement is: "Temporary person in charge of credit of the branch: Xia, Xu Donghai". Since there was no vice president's approval column on the form, Deputy General Manager Chen wrote in the upper right corner of the form: "In the settlement of the old loan, the customer basically cooperated, and the geographical location of the collateral was acceptable. …… After the deposit of 30 million yuan is in place (note: 33 million yuan has actually been received), it agrees to issue a loan of 15 million yuan, and at the same time return the old loan of 10.4 million yuan. Accordingly, Wang Xianyao instructed in the president's column: "Agree to a loan of 15 million yuan, and at the same time return the old loan of 10.4 million yuan, and report to the credit department of the head office for approval." Wang Xianyao / October 20, 95".

Originally, this could have eased the tension between the sub-branch and the 38 joint-stock company, but at this time, the deposits of the Citizens Bank fell sharply, and serious operational risks appeared in the whole system. As a result, the head office ordered all overdrawn sub-branches to stop issuing new loans, and the loan officer Liu Aihua went to the head office to collect the returns. This caused a very embarrassing situation for the Hubei Branch: 38 Joint Stock Company believed that this was the renunciation of the Hubei Branch. And the Hubei branch also knew that it was at a loss, and the two presidents did not dare to deal with the 38 joint-stock company for a long time.

To sum up, if it is said that Hubei Financial Services Co., Ltd. tried its best to pull Shenzhen 38 Co., Ltd. to make a surprise loan in order to reduce its own losses and find a way out of funds, then the Hubei Sub-branch later pulled Shenzhen 38 Co., Ltd. to take out loans in order to ensure that it would not be shut down. Of course, due to the reasons of the head office, it objectively played the effect of the bank defrauding the enterprise, resulting in tension between the bank and the enterprise.

The judgment of the Municipal Intermediate People's Court pointed out that the borrowing behavior of Hubei Sub-branch and 38 Joint Stock Company was protected by law and should be supported. The mortgage is false, and its claim is not supported. So, borrowing itself is not a scam. And before going through the notarization and mortgage procedures, the loan has already been paid.

After the court's decision, I approached the financial staff of a certain enterprise who also cooperated with Wuda Company to build a building. He said that it is a fact that several enterprises have cooperated to build the building, but the construction funds are still not in place after the time has passed, and Wuda Company will not buy it.

3. Explanation of several questions:

1. Shenzhen 38 Co., Ltd. was introduced to Hubei Financial Services Co., Ltd. by relevant government departments to negotiate business. After it became a customer of the sub-branch, I never covered the lid, and like other customers, it adopted the management method of fixed personnel and posts and regular rotation in management, and actively collected the principal and interest of the loan. The loan officers who have managed the company are: Ou Zhongzhong, Liu Aihua, Gao Youhua, Zhang Bo, Huang Hualin, Qiao Yizu, Shu Guangrong and others. After the loan was cleared in accordance with the law, it still actively tried to find a way to clear it.

2. On the issue of overdue loans. In the early days of the establishment of the Citizens Bank, the real interest rates on deposits and loans were inverted, and Feng Laodao, director of the credit department of the head office, once said at the meeting: "Don't extend all loans when they are due, borrow new ones to repay the old ones, and some can make them overdue, and then charge 20-50% more interest according to the contract." "At that time, the Hubei sub-branch considered the characteristics of its own guarantee of opening the door, and when the actual interest rate was implemented, it was determined in writing that a part of the overdue penalty interest of the old loan households who were willing to make up the deposit should be charged in order to organize the deposit. This method was reluctantly accepted by the old borrowers, and in 96 and 97 years, they organized a fixed deposit of 160 million yuan for the Hubei branch, thus surviving the payment risk. Of course, the loan overdue rate is a little higher.

3. Personnel who manage important files:

Personnel in the management of first-level files (i.e., real estate certificates, certificates of deposit, and equity certificates): Liu Yinggui during the period of the financial service cooperative, and sales department during the banking period.

Personnel in charge of secondary files (loan information): Liu Yinggui (whose position was above the three credit managers) during the financial service period;

The above files, especially the first-level files, are not allowed to be transferred out without the approval of the president, so I am not clear about the situation of the real estate certificate after the loan is issued.

4. I solemnly declare that during the period when I performed my job responsibilities in Hubei Branch (Service Society), I never sought personal interests from 38 Joint Stock Company. I was never even invited to eat and drink (only one working meal: when the 38 Joint Stock Company invited the Hubei branch to inspect its real estate project, our bank's Chen Jiaojiao and I watched it for a morning, and only returned to the city at 2 o'clock at noon and had a lunch at the restaurant next to the Armed Police Hospital). I do not owe any favors or debts to 38 Joint Stock Company, nor do I have any so-called "internal and external collusion" with 38 Joint Stock Company and its affiliates to obtain loans. I am open and conscientious in the management of all borrowers. He also encouraged the credit officer to be creative and report any problem to the governor immediately: while reporting to me, the situation will be sent directly to the president.

4. Frankly, I have a lot of affection for Citizens Bank. After the establishment of the Citizen Bank, I focused on the work of "two clearances", with the president at the top and the credit officer at the bottom, but I gave full play to my ability and solved many difficult problems, which was affirmed by the whole system and widely supported by the masses inside and outside the party and outside the branch. In July 1997 and July 1999, the head office commended me as an outstanding Communist Party member of the Minmin Bank and was commended as an advanced worker of the Minmin Bank in 1998.

In the second half of 1999, when the new president of the branch was ready to do without me, in my "Letter to President Huanglu" in the winter of 1999, I talked about my attitude of working for the Minmin Bank regardless of personal grievances, as well as the audit conclusions and document numbers of the People's Bank of China, the Municipal Audit Bureau, and the Minmin Bank of China's loans to Hubei Financial Services Cooperatives (Sub-branches). It is said that at that time, President Huanglu forwarded my letter to cadres at or above the vice bank level of the head office for circulation. On January 26, 2000, the Hubei Sub-branch wrote a document entitled "Matters Concerning Comrade Summer's Departure" and asked me to sign it. The document states: "...... Since then, Comrade Xia has had no relationship or economic dispute with the Citizens Bank. And stamped with the big seal of the Hubei branch of the Citizens Bank.

I would like to point out in particular: If someone puts the responsibility for not recovering the old loan on my head, or makes fun of the law, fabricates some trumped-up charges and frames me, I firmly believe that the political and legal organs in Shenzhen will return me justice and innocence. No matter how many specious illusions and bizarre "testimonies" are produced in this so-called "case," I think that if the clearer clears himself, people will see that I have done a good job in the management of the loan of the 38 Joint Stock Company and in my personal conduct. It is not difficult to find the rigorous professionalism and work attitude of an outstanding Communist Party member who has worked hard for the survival of the Citizen Bank for six years, and of course, there is also a high style and a broad mind. This is also the original intention of Huang Lu, the president of the Citizens Bank, who I whispered in my letter: For the Citizens Bank, whether I have become a person who is "honest and old, and can still eat".

I am very willing to do my best to cooperate with the political and legal departments to find out the truth and restore my innocence. Just as I have actively supported the Central Commission for Discipline Inspection, the municipal legal organs of sister cities, and the public security organs in the city in the past. I stated: If you need to call or write to me for the materials that are the basis for judging whether the problem is right or wrong, you can call or write to me to ask for it. However, I would also like to suggest to you that as a state public security organ, we should not get too deeply involved in the daily work of the commercial banks, which also have the status of corporate legal persons, in the collection of bad debts and loans. Paying off old loans may be a tuition fee that the current leadership of the Citizens Bank still has to pay. I think that to find the assets of the loan households of the Hubei branch and tap the potential asset projects in order to achieve the effect of liquidation, we should find comrades like Chen Jiaojiao who are still in the Citizen Bank. Chen Jiao is a person who has held a higher position in the Hubei sub-branch, has been in office for the longest time, and has used the People's Bank of China to influence and supervise loan projects, and can even veto loans with one vote, and is also very familiar with Shenzhen 38 Joint Stock Company.

Here, I would also like to remind the public security organs that the duty and right to work hard should be cherished and safeguarded, because I have a 73-year-old and sick mother, who depends on my sunrise labor.

I hereby send you here!

Copy: Shenzhen Discipline Inspection Commission of the Communist Party of China

A loyal party member: summer

17 May 2003

After the article was written, Xia reviewed it twice with his usual skeptical attitude, and felt that the core content of the Public Security Bureau's interrogation outline had been included in the article. He put the manuscript in his briefcase, hurriedly went downstairs, and came to the printing shop next to Jiangnan Avenue he saw earlier, and asked the owner to print and archive the manuscript as soon as possible and fax it to Xie Feng's company. Along with the fax was a road map drawn by Xia himself on how to find the public security economic investigation department and the person in charge of the case.

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