Crackdown seeks to curb finance fraud

China's top judicial authorities are placing a strong emphasis on financial security, pledging to continue their rigorous crackdown on corruption in the sector.

The Supreme People's Court and the Supreme People's Procuratorate jointly unveiled six landmark cases of duty-related crimes in the financial industry in late November, aiming to educate, warn and deter those engaged in the financial industry, while underscoring their determination to combat financial corruption through legal means.

"Finance is the lifeblood of the national economy, and financial security is a crucial component of national security," the authorities said. "Corruption in the financial sector not only undermines the integrity of public officials but also severely disrupts financial order and endangers financial security."

They emphasized that any corrupt behavior, whether by bank employees or financial regulators, will be met with strict legal consequences.

In one disclosed case, a former bank president, identified as Wu, was sentenced to death with a two-year reprieve for multiple duty-related crimes.

Wu used his position to seek benefits for some departments and individuals in various matters such as approving credit, disbursing funds, issuing letters of guarantee and facilitating corporate financing. In return, he accepted over 132 million yuan ($18.71 million) in bribes.

Between 2015 and 2017, Wu was found to have abused his position to embezzle 508 million yuan of public funds for personal use or to lend to others for profit-making activities. During the same period, he also colluded with others to issue a letter of guarantee from the bank, promising to cover the principal and interest of a 300-million-yuan loan for a related company.

From 2011 to 2018, Wu illegally issued loans totaling 501 million yuan, resulting in losses exceeding 30.26 million yuan.

The Wenzhou Procuratorate charged Wu with bribery, embezzlement of public funds, illegal issuance of loans and unauthorized issuance of financial instruments.

Given the "particularly large" amount of bribes and the "especially significant" losses caused, the Wenzhou Intermediate People's Court sentenced Wu to death with a two-year reprieve for bribery. He was also deprived of his political rights for life, and all his personal assets were confiscated.

Wu received additional sentences of 12 years for embezzlement, 10 years for illegal loan issuance, and seven years for unauthorized issuance of financial instruments. His sentences were ultimately combined, resulting in a death penalty with a two-year reprieve. The court also highlighted that after probation, he would not be eligible for commutation or parole.

In China, if an offender commits no new crimes during the two-year reprieve, his or her sentence will typically be reduced to life imprisonment. Further reductions or parole can be granted for good behavior. However, the Wenzhou court's ruling means that Wu will spend the rest of his life in prison.

In another case in Luoyang, Henan province, a former financial regulator surnamed Liu was also sentenced to death with a two-year reprieve and will face life imprisonment for accepting substantial bribes totaling over 180 million yuan.

"Commercial bank presidents, as key decision-makers in banking operations, bear critical responsibilities for management, loan issuance and risk control, making them vital to financial security," the SPC said. "Corruption and criminal activities not only lead to the loss of bank funds and State assets, but also severely disrupt the financial market and industry development."

It noted that financial regulators are a powerful safeguard against risks and a driver for high-quality development in the financial sector, adding that their corruption disrupts market order, endangers public assets and can easily trigger financial risks that jeopardize national financial security.

It highlighted the rulings made by the lower courts, adding that they "demonstrate the judiciary's firm resolve on severely punishing crimes in the financial sector and will help maintain financial security and protect the public's property".