As we bid farewell to the old and welcome the new, another senior brokerage firm was exposed in the case of illegal stock trading.
On February 9, the China Securities Regulatory Commission disclosed two administrative penalty decisions, announcing the investigation and trial results of Han Fei, the former vice president of a certain securities company, for illegally buying and selling stocks. Han Fei was ultimately ordered to deal with the illegally held securities in accordance with the law and confiscate them. Illegal gains of 58.6849 million yuan and an equal amount of fines. At the same time, he was banned from the securities market for 10 years.
It is worth noting that in response to the issue discovered by the China Securities Regulatory Commission that “Han Fei has long held and used an ID card named ‘Han Hao’, and the two are actually the same person”, Han Fei identified himself as his second brother Han during the hearing It was Han Hao who defended himself. However, the China Securities Regulatory Commission pointed out that based on evidence such as the joint investigation data of the public security organs, the travel records of Han Hao ID card users handling credit and credit reporting business at banks, and the reserved phone number for opening the “Han Hao” account, the regulatory supervision of the actual situation of the “Han Hao” account The user’s determination has formed an “obvious advantage”, so the relevant defense opinions will not be adopted.
The total transaction volume of illegal stock trading is nearly 4.4 billion yuan
Public information shows that Han Fei was born in 1974. He worked for a securities firm in June 1997 and resigned as vice president on November 29, 2022. During the period involved in the case from February 2005 to April 2022, he successively held the positions of deputy general manager of the innovative product development department, deputy general manager of the marketing management headquarters, general manager of the Guangdong branch, general manager of the brokerage business headquarters, and vice president. He is not allowed to buy or sell stocks. Securities industry practitioners.
According to supervisionannouncement, Han Fei controlled and used six securities accounts (hereinafter referred to as the “Securities Account Group”) including “Han Hao”, involving his father, second sister-in-law, wife, wife’s sister and others. After investigation, the above-mentioned securities account group has the characteristics of concentrated trading varieties, long trading periods, concentrated trading trajectories, and low trading frequency. The trading varieties between the accounts are highly overlapping, and the funds are used for Han Fei’s investment, house purchase, consumption, etc.
According to the investigation, from January 2016 to the present, the securities account group has placed a total of 140 orders outside Guangdong Province, with a transaction amount of up to 122 million yuan. Among them, 137 transactions matched Han Fei’s travel records, with a matching amount of 118 million yuan, and a matching degree of 96.93%. In the 17 years from February 2005 to September 2022, the total transaction amount of the above-mentioned securities accounts reached 4.38 billion yuan, and as of September 30, 2022, the profit was 58.6849 million yuan.
Based on the relevant evidence, the China Securities Regulatory Commission believes that Han Fei’s above-mentioned behavior violated the provisions of Article 40, Paragraph 1 of the Securities Law, which prohibits employees of securities companies from holding and buying and selling stocks directly or under pseudonyms or in the names of others, and constituted ” The illegal acts mentioned in Article 187 of the Securities Law.
One person holds two ID cards for a long time
Supervision pointed out that among the above-mentioned securities account groups, the “Han Hao” Guosen Securities Shenzhen Tairan 9th Road Sales Department account was actually controlled and used by Han Fei. Han Hao’s ID card has been held and used by Han Fei for a long time. After verification, Han Hao and Han Fei were the same person.
fromCash flowFrom a historical perspective, a total of 2.49 million yuan of large amounts of funds (more than 50,000 yuan) have been transferred to the “Han Hao” account, of which 2.07 million yuan directly comes from the salary income of Han Fei’s ICBC account, and 420,000 yuan comes from his wife Mai Mouxiao’s bank account Fund redemption funds. A total of 2.5 million yuan has been transferred out of this account, of which 1 million yuan was directly transferred to Hanfei’s China Merchants Bank account to purchase funds, and 1.5 million yuan was used to repay the Hanfei Bank loan to the Industrial and Commercial Bank of China.
However, during the hearing, Han Fei put forward a defense opinion, saying that Han Hao was not himself, but his second brother Han. Han also testified that “Han Hao” was an identity purchased in the 1990s to capture more of the commercial grain quota. The reason why Han Fei’s family has lived in the house purchased in the name of “Han Hao” for a long time is because the house was purchased by Han Fei’s parents, and his parents had lived with Han Fei’s family for a long time. In addition, the “Han Hao” account was actually opened by Han himself.
However, after review, the China Securities Regulatory Commission rejected the above defense. “Compared with Han’s testimony at the hearing that he identified himself as Han Hao, the China Securities Regulatory Commission has formed a ‘clear advantage’ in identifying the actual user of the ‘Han Hao’ account.”
First, according to the joint investigation data of the public security organs, “Han Hao once used the names Han Fei and Han Jianhong, and he was the third son of the head of the household”, and “Han’s previous name was Han Changjiang.”
Second, the travel records of Han Hao’s identity card user who handled credit and credit reporting business at the bank matched those of Han Fei but did not match those of Han.
Third, the phone number reserved for opening the “Han Hao” account is Han Fei’s personal mobile phone number 188****8820, and the contact address is Han Fei’s ID card address. Han Fei’s personal mobile phone number is 188****8820 and he logged in and operated the “Han Hao” account multiple times to place orders.
Fourth, the IP and MAC of the “Han Hao” account’s out-of-province order transaction are highly consistent with Han Fei’s, and the funds transferred in and out are basically Han Fei’s bank account.
Fifth, the party concerned provided handwriting identification that the signature for opening the “Han Hao” account was Han. This can only prove that the “Han Hao” account was opened by Han, but it cannot prove that Han Hao is Han, nor can it prove that the “Han Hao” account It is actually controlled and used by Han.
10-year market ban + fine of 117 million yuan
In addition to the above-mentioned argument about “I am my second brother”, Han Fei also proposed during the hearing that some of the fund transactions in the account group were normal fund transactions between families, which were corroborated by reasonable matters and could not prove that Han Fei’s family received corresponding financial benefits; The data on overlapping trips outside the province are based on selected statistical criteria and are not objective and fair enough; the account group is mainly operated by securities broker Tang Mouhua and other arguments, but all of them were rejected by the China Securities Regulatory Commission.
The China Securities Regulatory Commission also mentioned that the use of IP addresses for auxiliary identification is a law enforcement practice, and it is not inappropriate to use the matching degree of the IP order placed outside Guangdong Province with the travel record of the party as one of the dimensions for determining the account control relationship in this case. Regarding the match between the IP address of orders placed outside the province and Han Fei’s travel records, the parties claimed that they happened to be attending a meeting outside the province, happened to be doing local research and did not have the operation time to place orders, and there was signal overlap due to the short distance, and they were taking transportation and could not place orders. Any single reason is not a reasonable explanation or sufficient evidence is not provided to explain it, so it will not be accepted.
In the end, based on the facts, nature, circumstances and degree of social harm of the illegal act, the China Securities Regulatory Commission ordered Han Fei to deal with the illegally held securities in accordance with the law, confiscate the illegal income of 58.6849 million yuan, and impose an equal fine. At the same time, he will be banned from the securities market for 10 years. During this period, he will not be allowed to continue to engage in securities business or securities service business in the original institution or any other institution, or to hold director, supervisory and senior positions of the original securities issuer.
(Source of article: Securities Times.com)
Source of article: Securities Times Network
Author of the article: Brokerage China Cloud Ibis
Original title: Brokerage executives’ illegal stock trading exposed!Holding two ID cards for a long time will result in a fine of over RMB 100 million and a 10-year ban on entry.
Solemnly declare:Oriental Fortune publishes this content to disseminate more information. It has nothing to do with the position of this site and does not constitute investment advice. Operate accordingly at your own risk.
2024-02-11 23:46:29
#Brokerage #executives #illegal #stock #trading #exposedIf #hold #cards #long #time #fined #RMB #million #banned #entering #country #years
