Xuan Fuliang is a shareholder of Haikou Tianxia Holiday Development*** hereinafter referred to as "Tianxia Holiday"), holding 25% of the shares;Yao Shaoliang, as a major shareholder, holds 75% of the shares of "Tianxia Holiday" through Beijing Boao Industrial Investment Management.
The two had agreed to cooperate on some projects in Haikou through a wholly-owned subsidiary of "Haikou Tianxia", Hainan Xinguang Industrial Co., Ltd. (hereinafter referred to as "Hainan Xinguang").
However, what Xuan Fuliang didn't expect was that Yao Shaoliang, a partner and major shareholder, turned nearly 100 million yuan of funds on the account of "Haikou Tianxia" into his own without his knowledge.
Seeing that his rights and interests had been illegally infringed, Xuan Fuliang reported to the Haikou City Public Security Bureau.
Although the evidence was sufficient, the Haikou Municipal Public Security Bureau did not file a case.
As a result, Xuan Fuliang began a difficult reconsideration again.
After running around, after the Haikou Municipal Public Security Bureau refused to file the case again, it finally attracted the attention of the Hainan Provincial Public Security Department - on September 28, 2023, the Hainan Provincial Public Security Department issued the "Qiong Gongxing Review (2023) No. 25 Criminal Review Decision" to support Xuan Fuliang's request for review.
After receiving the "instruction" from the Hainan Provincial Public Security Department to revoke the decision, the Haikou Municipal Public Security Bureau had no choice but to correct its previous decision not to file the case.
Although corrected by the "provincial department", Xuan Fuliang still has concerns. He vaguely felt that there seemed to be an invisible "hand of power" behind the case.
What worries Xuan Fuliang even more seems to be that he found that this "hand" is constantly trying to "fabricate charges" against himself in order to achieve some ulterior purpose.
In fact, Xuan Fuliang's experience is not complicated at all.
On February 14, 2023, Xuan Fuliang found that Yao Shaoliang, a shareholder of "Tianxia Holiday" Company, embezzled and transferred nearly 100 million yuan of funds in the company's account without authorization.
After Yao transferred the funds to a company under his actual control and used them, another shareholder, Xuan Fuliang, reported the case to the Haikou Municipal Public Security Bureau and demanded that Yao Shaoliang be held criminally responsible for the suspected misappropriation of funds and embezzlement.
How the hell did this happen?
According to the industrial and commercial archives and related materials, Xuan Fuliang is the actual controller of Gerun Landy Company, and Yao Shaoliang, who was accused, is the actual controller of Beijing Boao Xingye Investment Management.
Xuan Fuliang and the accused Yao Shaoliang cooperated in the Haikou project with two companies, "Hainan Xinguang" and "Tianxia Holiday".
Hainan Xinguang Company is the main operator of the Haikou Project of both parties, and it is a wholly-owned subsidiary of Tianxia Holiday Company. The shareholders of the company are 75% of the shares of Boao Xingye Company and 25% of the shares of Gerun Landi Company, and the legal representative is Xuan Fuliang.
The main body of the company operated by Yao Shaoliang and Xuan Fuliang in Haikou is Hainan Xinguang Company, and the operating income of the Haikou project is in the company, and the original transfers from the company must be signed by Xuan Fuliang.
Relevant evidence materials show that without Xuan Fuliang's knowledge, on August 10, 2021, the industrial and commercial change changed the legal representative of the company from Xuan Fuliang to Yao Shaoliang. During this period, Yao Shaoliang instructed the financial officer Xu Xuejun to transfer the funds of Hainan Xinguang Company to the parent company Tianxia Holiday Company. After the transfer of funds, he instructed the financial staff to transfer 97 million yuan from the account of Tianxia Holiday Company to Beijing Boao Real Estate***, and Beijing Boao Real Estate*** was absolutely controlled by Yao Shaoliang, and Yao Shaoliang's shareholding ratio was 9333%。
Relevant evidence disclosed that on December 21, 2021, Yao Shaoliang fictitiously returned 3.5 million yuan of capital occupation fees on behalf of Beijing Gerunlandi Golf Project *** hereinafter referred to as Gerunland, the actual controller Xuan Fuliang) in the name of instructing Li Changquan, the cashier of Tianxia Holiday Company, and Xu Xuejun, the accountant, to transfer 3.5 million yuan of the funds on the company's account to Beijing Oriental Hongming Management Consulting***, hereinafter referred to as Beijing Hongming).
According to the available evidence, in fact, there is no fact that Grunland owes Beijing Hongming Company 3.5 million yuan in capital occupation fees. On June 12, 2023, the "Notice" issued by Tianxia Holiday Company also stated that based on the above-mentioned 20 million yuan of funds borrowed from Hongbo Company, the 3.5 million yuan was the capital occupation fee returned by Gerun Landi Company.
At present, 3.5 million yuan has not been returned to the company.
From this point of view, the facts of the case are not complicated. So on February 14 this year, Xuan Fuliang, who discovered the problem, reported the case to the Haikou Municipal Public Security Bureau.
What he didn't expect was something that he thought was very simple, but it puzzled him:
His rights and interests were obviously illegally infringed, but the Haikou Municipal Public Security Bureau just did not file a case.
A few months later, on May 15, the Haikou Municipal Public Security Bureau issued a "Notice of Non-Filing of the Case" to Xuan Fuliang in response to the report that "Yao Shaoliang was suspected of misappropriation of funds and embezzlement of duties".
Obviously, he illegally transferred nearly 100 million yuan of the company's funds, but he replied to me that there were no criminal facts. After receiving the above-mentioned "notice", Xuan Fuliang expressed dissatisfaction and filed a reconsideration with the Haikou Municipal Public Security Bureau.
Two months later, the Haikou Municipal Public Security Bureau upheld the decision not to file the case.
On August 1, 2023, Xuan Fuliang applied to the Hainan Provincial Public Security Department for a review. On September 28, 2023, the Hainan Provincial Public Security Department finally issued the "Qiong Gong Criminal Review (2023) No. 25 Criminal Review Decision" to revoke the reconsideration decision.
On October 9, 2023, after receiving the revocation decision from the Hainan Provincial Public Security Department, the Haikou Municipal Public Security Bureau issued the "Hai Gong Xing Fu Zi (2023) No. 04 Reconsideration Decision" to revoke the previous "Notice of Non-filing of the Case".
After review, it is found that the Hai Gong (Jing) Bu Li Zi (2023) No. 06 decision not to file the case made by the Haikou Municipal Public Security Bureau found that the facts were unclear and the evidence was insufficient, and it was decided to revoke the original decision in accordance with Article 33 of the "Provisions on the Procedures for Handling Criminal Reconsideration and Review Cases by Public Security Organs".
Although he received the instructions supported by the "provincial department", Xuan Fuliang was not happy.
The reason is not complicated, because the Haikou Municipal Public Security Bureau does not stipulate in accordance with the third paragraph of Article 33 of the "Provisions on the Procedures for Handling Criminal Reconsideration and Review Cases by Public Security Organs" that "if a higher-level public security organ revokes a criminal reconsideration decision, the public security organ that made the reconsideration decision shall implement it;A new decision may not be the same as the original decision. That is, the bureau should make a new decision to file a case for investigation) and immediately enforce it.
To put it bluntly, it is a sentence: the decision to "not file a case" was revoked in accordance with the order, but the case was still not filed for investigation.
Until December 25, 2023, the case-handling organ once again notified the parties not to file the case.
In addition, in the case that the Haikou Municipal Public Security Bureau has not yet made a clear conclusion, Xuan Fuliang was suddenly and bizarrely placed on file for investigation because of the fact that he borrowed the wholly-owned subsidiaries of both parties to withdraw funds that belonged to him, and without being notified by the public security organs to cooperate with the understanding or investigation of the above facts.
This made Xuan Fuliang extremely angry.
Xuan Fuliang said that the evidence was conclusive and the case could not be opened for nearly a year, and the defendant Yao Shaoliang falsely accused and framed me in Wanning City within a few days of the Hainan Provincial Public Security Department's revocation of the ruling not to file the case.
At this time, Xuan Fuliang vaguely felt that there was an invisible "hand of power" in front of him constantly intervening in the case, and even he felt that this "hand of power" was still trying to "fabricate charges" against himself, so as to achieve some ulterior purpose.
However, Xuan Fuliang said that fortunately, the case-handling personnel of the public security organs have now ascertained the facts and proved that I did not commit a crime. I also went to the public security organs to report the false accusation and framing him, and the public security organs have accepted it in accordance with the law.
Although everything is developing in a good direction, Xuan Fuliang is still worried. "Even though the 'provincial department' has given instructions, the case-handling unit still does not file the case, and there is not even any sign of the case-handling organ's real 'action'. Xuan Fuliang said that he hoped that the Haikou City Public Security Bureau would correctly perform its duties, ascertain the facts of the crime, and earnestly protect the legitimate rights and interests of investors and corporate shareholders from being illegally infringed upon.
On January 5, 2024, Xuan Fuliang filed a reconsideration with the Haikou Municipal Public Security Bureau, requesting that the previous notice of non-filing be revoked and that Yao Shaoliang's suspected criminal behavior be opened for investigation. In this regard, Xuan Fuliang said that he always believes that the law will give him a fair result.