Former president of San Guan Real Estate, Zeng Chengjie,
allegedly attracted funds with high interest rates.
He was later executed on July12.
Zeng Chengjie’s lawyer told NTD that the debate was not about
the death sentence, but about if he’s indeed guilty of a crime.
The lawyer indicated that the death sentence was a
cover up for the officials involved.
Both politburo committee Zhang Chunxian and Supreme People’s
Court president Zhou Qiang were said to be involved in the case.
The principal criminal, Zeng Chengjie, was charged
with illegal fund-raising of3.452 billion yuan.
His daughter, Zeng Shan issued a microblogging on
the12th,“Zeng Chengjie was executed by lethal injection.
The family did not even get to see him one last time!
The authorities failed to notify the family!”
Monday, Zeng Shan issued a few more microbloggings
between11 am and4 pm,“Finally received father’s ashes.
I can not believe father has really died!
Did not even get to see his body!”
Zeng Chengjie's second trial counsel was Wang Shaoguang,
an attorney from Sheng Ting law firm, Beijing.
He told NTD on July15th that even if guilty,
Zeng Chengjie’s crime was a very minor crime.
Attorney Wang Shaoguang:"Strictly speaking,
this is a case of illegal absorbing of public savings.
According to law, it is exempted from criminal punishment,
because his financing was supported, encouraged,
and participated by the government.
It belongs to a governmental key project.
If Zeng Chengjie has committed a crime as
illegal absorbing of public savings,
it means local government is an accomplice.
The governmental officials should also be punished."
Crimes of illegal absorbing public savings
is known to receive a maximum sentence of10 years.
Crimes of fraudulent fund raising will receive
a maximum of the death sentence.
However, for the crime of illegal absorbing public savings,
if all the money was returned, the offender
will not be held criminally responsible.
Zeng Chengjie owed1.25 billion in financing, while his
San Guan Real Estate had paid0.94 billion in interest
and0.11 billion of customer reward.
That means San Guan Real Estate still owed0.2 billion.
According to asset valuation done by the authorities,
San Guan was worth of2.38 billion, which was sufficient to pay off the debt.
Wang Shaoguang:"If the interest was subtracted,
he still owed1.25 billion.
San Guan Real Estate was worth of2.38 billion.
Where was the remaining1.1 billion?"
So, where did the San Guan remaining assets go?
Wang Shaoguang indicated that Hunan provincial
government forcibly took it away,
bypassing all legal procedures such as
asset evaluation, seizure, and disposal.
Wang Shaoguang:"Who gets to receive the remaining assets?
Yun Tai company, a Hunan-owned enterprise got it.
Yun Tai transferred the funds to Caixin company,
another Hunan-owned enterprise.
That means all the funds remain in Hunan provincial government.
The offender was then told that his company was worth nothing.
Without sufficient funds to pay off the debt,
the offender was executed.”
Wang Shaoguang explained, prior to March2008, Hunan
government was strongly supportive of private financing.
Ever since the new leadership took office,
private financing was cracked down upon.
Wang Shaoguang:"An internal document on June26,2008,
requested cadres withdraw from financing.
This order has subsequently broken the financing chain of
private financing. This is a governmental mistake.
Zeng Chengjie was sentenced to death to cover up
the fault of local government officials."
Wang Shaoguang also revealed a5-member team
was handling this financing case.
The5-member team was headed by Politburo committee
Zhang Chunxian.
Supreme People’s Court president Zhou Qiang
was also a member of the team.
Zeng Chengjie’s final note was circulated on the Internet.
It stated that Jishou municipal government had
organized the arrest of22 private business owners.
It accused the authorities were on top of the law.
He foresaw the injustice.
Wang Shaoguang said that this letter was personally
handed to him by Zeng Chengjie.
The Supreme Court approved the death penalty on June14
without informing the families or lawyers.
The family did not get to see Zeng before or
after his execution. The family only received his ashes.
According to the Chinese Law, both the criminal and the family
should be consulted for one last meeting prior to execution.
Up to date, Zeng Chengjie’s lawyer has not received
the death penalty approval order from the court.
