Pay close attention to strictly prevent the transfer of benefits in the name of paying commercial services
The Discipline Inspection and Supervision committee of Jingxian County, Anhui Province, pays close attention to the additional transactions, directional procurement trade and other activities that complete the transfer of interests in the name of commercial services, and resolutely investigates new types of corruption and hidden corruption.
The Discipline inspection and supervision committee of Jurong City, Jiangsu Province, used a big data supervision platform to verify issues involving leading officials and their relatives running businesses illegally and seeking private gains through "shadow companies" and "shadow shareholders".
In the fierce market competition, grasping business opportunities often means more profit opportunities. In recent years, in the new types of corruption and hidden corruption cases investigated and investigated around the country,
individual leading cadres do not directly accept property, but instead accept or ask for business opportunities from the briber, and then hand over the business opportunities to the designated party or their own operation,
from which they obtain benefits. These specific business opportunities are either not actually operated only as a "cover" for the delivery of benefits, or the benefits are far beyond the normal range, and most do not bear market risk.
What are the characteristics of this kind of corruption, and how should such cases be investigated? How to accurately identify such corruption from normal business activities? The reporter conducted an interview.
Some ask the trustee to thank or seek the help of public officials, so that they can profit through the so-called "business activities"
In the second half of 2021, a real estate development company found Hong So-and-so, a member of the Party group and deputy director of the Xiaoshan District Government Office of Hangzhou City, Zhejiang Province,
to help coordinate the approval of existing housing sales records. Hong so-and-so introduced party so-and-so, a specific party involved in real estate sales to the company, party so-and-so signed a contract with the company in the name of intermediary introduction,
and then Hong so-and-so used his authority to help the company successfully complete the record matters, party so-and-so in accordance with the contract to help Hong so-and-so collected more than 1.6 million yuan of good fees. In the end, Hong was sentenced to four years and six months in prison for taking bribes and fined 400,000 yuan.
"On the surface, Fang is engaged in real estate sales work, and it is normal to sign contracts with real estate companies." However, the contractual land release coordination meeting, delivery of the record and other matters are not a real estate sales company can complete."
The investigators said that from the perspective of transaction necessity, the real estate company involved in the case does not have an objective demand for "third-party intermediaries";
From the point of view of the transaction price, obviously higher than the normal intermediary fees; From the perspective of transaction risk, Party XX does not need to pay costs and does not provide the substantive services agreed in the contract, but there is no risk to gain income.
"It is clear that these unnecessary, zero-cost and risk-free 'third-party intermediary' businesses violate the normal laws of market economic activities and are a means for bribed parties to trade power and money through inflated trading links." The case officer said.
"There is no opportunity, but business transactions are necessary to create opportunities." A number of interviewed discipline inspection and supervision officials said that some ask for public officials to thank or seek help, so that they can make profits through so-called "business activities", such corruption is essentially to pay "business services" in the name of consideration to transfer benefits.
"This kind of corruption generally adopts a 'roundabout' strategy, planning in advance, tailor-made, layers of 'prevention', with indirect, market, hidden and other characteristics,is a typical new type of corruption and hidden corruption." Said Hao Yang, director of the third examination and investigation room of Jurong City Discipline Inspection Commission, Jiangsu Province.
Hao Yang analyzed that the "new" of this new type of corruption is manifested in three aspects: First, the "new" means of bribery, the two sides of the bribery carefully designed the transaction process,
fund flow, income settlement, the means of profit embedded in the market transaction process, covering up the nature of power and money transactions; Second, the form of the object is "new", the expression of corruption interests is more complex and diversified,
no longer the real property interests, but the commercial opportunities that can actually profit after realization; Third, it involves "new" problems, such as project bidding, government purchase of services,
mining and other fields with large capital flow, relatively concentrated power and resource allocation vulnerable to administrative intervention are often deep and shady, such as behind-the-scenes manipulation, business opportunities "brokers" and other problems appear from time to time.
