Handwritten iOU false increase of wages exposed, 8 false litigation cases were corrected by supervision

2022-06-06 0 By

The company went bankrupt, in order to take care of the company’s friends and relatives, the boss has handwritten ious to falsely increase wages, then these friends and relatives using ious to file a lawsuit with the judgment to declare creditor’s rights to the bankruptcy administrator.After finding clues in performing duties according to law, prosecutors restore the truth through in-depth investigation.Not long ago, eight false lawsuits in Zhangjiagang city, Jiangsu Province, were retried and ruled to cancel the original judgments and dismiss the charges after the procuratorial organs supervised them in accordance with the law.At the end of 2013, a chemical company in Zhangjiagang City (hereinafter referred to as the “chemical Company”) stopped production due to poor management, and was later ordered by the court to seal up related properties due to unpaid debts.Zhang Jianmin, the company’s boss, disappeared in 2015.In 2018, tang Liang and eight other employees filed a lawsuit to the court with wages ious, requesting payment of wages, which was supported by the court.In July 2020, due to the application of creditors, the chemical Company entered bankruptcy proceedings. In the process of creditor’s claim declaration, a total of 3.93 million yuan was declared to the bankruptcy administrator.In January 2021, Liu Fen, a prosecutor of Zhangjiagang People’s Procuratorate, used the intelligent procurator supervision platform to dig out clues of civil supervision cases. She found that many large labor compensation claims involving chemical companies only had handwritten iOU for wages as evidence of unpaid wages, which attracted her attention.Prosecutors use intelligent procuratorial supervision platform to dig civil supervision clues Prosecutors immediately from the court of the relevant case files, the case involved ious for comparison.Prosecutors found common features among the ious, most of which dated from December 2008 to December 2013, with salaries ranging from more than 100,000 yuan to more than 300,000 yuan. The names of the plaintiffs were highly similar to those of the owners of chemical companies.”There is a high degree of overlap and a large amount of unpaid wages. In a chemical company more than 10 years ago, the average worker could get five to six thousand yuan a month on average, but was not paid for five years, and only came to ask for wages after many years. Is there a problem?”With years of experience in handling cases, prosecutors realized that there was a possibility of false litigation behind this, so they filed cases for examination according to their authority.Ious becomes case breach to face this series of cases, where should proceed from?The boss of the chemical company could not be contacted, and the financial management of the company was in disorder. It was impossible to confirm whether there was any unpaid wages from the existing accounts.As the prosecutor was at a loss, she noticed a detail.One client, Zhang Ming, is the son of the company’s owner, Zhang Jianmin.Zhang Ming was born in 1987 and the unpaid wages occurred between 2008 and 2009, when he would have been in college, according to his age.According to common sense, as a college student, it is impossible to work month by month and receive a high salary while studying.In order to find out the truth, the prosecutor launched an investigation around Zhang Ming’s school status. They first went to the local archives and the education bureau to check the high school where Zhang Ming graduated, and then through the high school, they knew zhang Ming’s university and major.Prosecutors then went to Zhang’s university to check with teachers in zhang’s major about his school life.After the investigation, prosecutors learned that Zhang only graduated from the university in July 2011 and was unable to work at the chemical company at the same time.There is a clear conflict with the time stated on the back pay note.Zhang Ming sued the court with a false pay slip, which obviously constituted a false lawsuit.Zhang Ming’s situation has been found out, the prosecutor as a breakthrough, quickly expand the scope of inspection.After multi-party comparison and verification, the prosecutor found that the plaintiffs in these suspicious cases were not only Zhang jianmin’s two sisters, a wife sister, but also zhang Jianmin’s four old friends. The seven employees who sued Zhang Jianmin for unpaid wages were all his relatives and friends.Prosecutors believe that they are highly likely to have filed a false lawsuit by taking advantage of the provision that employees’ claims are paid first in bankruptcy proceedings.Taking into account the close relationship between these people and the possibility of collusion, the procuratorial organs quickly selected civil procuratorial backbone and criminal prosecutors with rich investigation experience to jointly form a false lawsuit investigation team, with the help of the investigation force of the public security organs to carry out the investigation.After analyzing the series of cases, the prosecutors determined the objects of inquiry and the order of inquiry, and discussed the possible situations such as the parties do not cooperate in the inquiry, and worked out a detailed work plan and inquiry outline.The investigation team first found the company’s payroll accounting Tang Liang and his son for questioning.In the face of the prosecutor’s inquiry, Tang Liang pretended to be confused at the beginning.When the prosecutor took out zhang Ming wages ious false evidence, as an accountant it is difficult for him to deny, had to admit their own wages also exist virtual increase.”Zhang Jianmin wrote some extra money on the IOU because the company went bankrupt and we were old friends. I guess he wanted me to get more money.”Prosecutors then followed suit and restored the rest of the false cases.It turned out that Zhang’s two sisters worked in the company canteen, and his wife’s sister was mainly responsible for taking care of his wife, which was part of the company’s debt.Although the three did not admit that the wages ious were false, they admitted that they had received part of their wages during their work.And the rest of zhang Jianmin’s many years of friends, long-term work for him, wages iOU also exist in the virtual increase situation.On the basis of the facts and evidence identified, the procuratorial organ dealt with the two cases according to the classification of the case, which zhang Ming and Tang Liang clearly admitted that the IOUS were false and the amount was large, and submitted a protest to the Procuratorate of Suzhou.After examination, suzhou Procuratorate lodged a protest to Suzhou Intermediate Court in accordance with the law. Suzhou Intermediate Court adopted the protest opinion and ordered Zhangjiagang Court to retry the case.The Procuratorate of Zhangjiagang city proposed a retrial to the city’s court in accordance with the law for another six similar cases of false lawsuits.On August 30, 2021, zhangjiagang City court made a retrial ruling on the eight false lawsuit cases, revoking the original judgment and rejecting the prosecution.When the dust settles on these eight cases, the prosecutors’ work is not over.For other cases found holding false wages iOU bankruptcy claims, Zhangjiagang City procuratorate will timely transfer the relevant clues to the public security organs.After the public security organs filed a case for investigation, Zhang Jianmin finally arrived at the case.After learning of the situation, the prosecutor promptly followed up and verified the situation with Zhang Jianmin. Subsequently, three more false lawsuits were found, and the procuratorial suggestion for a retrial was issued to the court again.In December 2021, the court replied that the parties gave up the artificially increased wage amount in iOU, and had corrected the declaration of workers’ claims to the bankruptcy administrator of the company.Based on the case has been corrected, it can not be retried, thus ending the review.At present, Zhang Jianmin is suspected of false lawsuit crime is still in further investigation.”Bankruptcy cases are a hotbed of bogus lawsuits.In the implementation of distribution, workers’ wages are the priority of the creditor’s rights, reflecting the state’s protection of workers’ rights and interests, but people with ulterior motives have taken advantage of the loopholes to obtain ill-gotten gains.We will give full play to the advantages of the prosecution, return facts to the truth, and safeguard the justice and authority of the judiciary.Liu Fen said.(All the parties in the article are pseudonyms) From: Procuratorial Daily Original title: handwritten IOUS exposed text: Chen Mengqing hou Tingting picture: Zhangjiagang City Procuratorate source: Jiangsu Procuratorial Online