Chairman of the hottest private enterprise reporte

2022-08-24
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The chairman of a private enterprise reported that Beijing urban construction group had made financial fraud and defrauded loans of 300million

several audit figures "fought" for years, leading to disputes

the last name that people in Beijing urban construction group want to hear may be "Du Shuming"

for more than four years, because Du Shuming, a subsidiary of Beijing Urban Construction Group - Beijing urban construction No.4 Construction Engineering Co., Ltd. (hereinafter referred to as urban construction No.4 company), not only failed to reform, was entangled in lawsuits, but also further intensified the contradiction between employees, he has not obtained the annual inspection of the Department of industry and Commerce for three consecutive years

from November 27 to yesterday (December 13), Du Shuming continued to publish and upload a series of relevant materials listed and reported to urban construction group "financial fraud and loan fraud of 300million" on Sina Weibo through his real name - "chairman of Beijing Ruifeng Hengji Real Estate Development Co., Ltd., EMBA phase I of Changjiang business school, CEO class of China Europe Business School". In February and November this year, these materials have been reported to the CBRC

"he (DU Shuming) is a liar!" Li Fangyi, the Propaganda Department of the Party committee of Beijing Urban Construction Group, said angrily when he received the daily economy. Immediately, he refused the interview on the ground that "this case is an abnormal case"

this color changing material provides a new choice for the palette of automobile manufacturers. For four years, what kind of resentment is it, from the Beijing Intermediate People's court to the dispute between state-owned enterprises and private enterprises in the Supreme People's court? Who is right and who is wrong is still in a fog

the fourth urban construction company has participated in the construction of a series of landmark buildings such as the Olympic Sports Center and the new CCTV building. It can be called a "Star" construction team, and now it is beyond recognition

for several years, Du Shuming has always insisted on his own point of view and appealed to the outside world about how he, as a private enterprise, reorganized into the fourth urban construction company four years ago, and then found a black hole of making false accounts at a loss

Du Shuming said that he had not yet benefited from the 40million yuan capital restructuring injected into the fourth urban construction company in 2008, but was sentenced to terminate the agreement and "get out". At the same time, due to the dispute over the counter guarantee contract of Beijing Urban Construction Group Based on the bank loan of 195million yuan, the Court seized 34 sets of real estate companies with a total value of 250million yuan

origin of the incident:

Du Shuming joined the fourth urban construction company

Du Shuming said in his real name certified Sina Weibo on November 30 as the "chairman of the fourth urban construction company". According to his understanding, the fourth urban construction company currently owes up to 1billion yuan to migrant workers' wages, various project funds, material funds, taxes, etc. due to various expenses such as five insurances and one fund, fund-raising funds, overtime pay, white slip contract payment, and employee buyout seniority compensation, At the same time, according to the publicly available tax arrears announcement of Beijing Local Taxation Bureau at the end of 2009, as of November 30, 2009, the fourth urban construction company had a total tax arrears of 63.86 million yuan, ranking first in the "blacklist" of Beijing's tax arrears at that time. Since 2009, the fourth urban construction company has failed to pass the annual industrial and commercial inspection for three years

all this in front of us is not what Beijing Urban Construction Group and dushuming want to see

four years ago (2008), in order to deepen the reform of state-owned enterprises, revitalize the original stock assets, properly settle and stabilize the workforce, the fourth urban construction company, with the approval of relevant national departments, introduced private capital from Beijing Ruifeng Hengji Real Estate Development Co., Ltd. (hereinafter referred to as Ruifeng Hengji), the real estate company where Du Shuming belongs, for equity restructuring

after the restructuring, the registered capital of the fourth urban construction company is 300million yuan, with Beijing Urban Construction Group holding 20% shares, Ruifeng Hengji holding 74.5% shares, and natural person shareholders holding 5.5% shares. Therefore, the fourth urban construction company has completed the industrial and commercial registration procedures and become a private holding enterprise. Du Shuming also began to serve as the chairman of the fourth urban construction company

a real estate developer also owns a construction enterprise, which was also a perfect combination when Du Shuming wanted to come. However, it was such a beautiful dream originally conceived that became the beginning of Du Shuming's real "nightmare". The fourth urban construction company also began to fall into a deeper quagmire that had never been expected before the restructuring

initial contradiction:

two financial reports "fight"

"on my first day at work, workers of the group (the fourth urban construction company) told me that the company made fraud." In an interview with the daily economy, Du Shuming recalled that he clearly remembered that day as February 6, 2008. Less than a month ago, on January 18, 2008, they just held the unveiling ceremony of the restructuring of the fourth urban construction company in the Great Hall of the people

this seems to be a bad sign. At that time, dubious, accompanied by an email from an old employee on February 25th, 2008, made Du Shuming even more uneasy

"on the same day, Ma Xijun, the deputy director of the finance department appointed by the board of directors after the restructuring of the fourth urban construction company, received the e-mail of the financial information of the fourth urban construction company for the three years from 2005 to 2007 sent by Jiang Hairong, the then director of the Finance Department of the fourth urban construction company and also the fourth old employee of the fourth urban construction company, and asked Wang Wancheng, the accountant in charge, to send it." Du Shuming told the daily economy

according to the six e-mails notarized by Beijing CITIC notary office presented by Du Shuming at that time, in the "brief description of profits achieved in 2005", "request for instructions on the company's financial final accounts in 2006" and "request for instructions on the financial final accounts in 2007", it shows that the actual profits of the fourth urban construction company from 2005 to 2007 were -74.1722 million yuan, -115.0478 million yuan and -103.66 million yuan respectively

according to the information provided by Du Shuming, the above three-year financial statements of the fourth urban construction company issued by Lianda Xinlong Accounting Firm Co., Ltd. provided by Beijing urban construction group to Du Shuming at that time showed that the net profits of the company from 2005 to 2007 were 21961.57 yuan, 8238.19 yuan and 16 yuan

with these two completely different financial statements, Du Shuming did not know who to trust. The next thing that followed made Du Shuming have more questions about the audit report provided to him by Beijing urban construction group

in March 2008, Du Shuming organized a six person special audit team within the company, and the audit results of the "Tiantongyuan mixing plant" subordinate to the fourth urban construction company were also just released. At that time, the audit found that the financial statements of 2006 and 2007 were seriously false, with a false profit of at least 9.92 million yuan. At the same time, the Discipline Inspection Commission of the company organized interviews with relevant personnel and believed that the main management personnel of the mixing station were suspected of embezzling public funds and accepting commercial rebates. To this end, all six directors, including Du Shuming, Yu Tianen and Zhang Suoquan, signed the resolution and reported the case to the public security and procuratorial organs

there are many doubtful points:

the difference in net assets is 596million

if the above-mentioned one after another and staggering financial events, Du Shuming, who came to the fourth urban construction company with a good vision less than three months after he became the owner, is a blow in the head. Then, the release of the audit report of Zhongshen certified public accountants in December 2008 completely broke Du Shuming's beautiful assumption of the fourth urban construction company

dushuming told the daily economy that the two audit reports with great differences came from the special audit report on the financial status and business results of the former chairman and general manager of Beijing Urban Construction Fourth Construction Engineering Co., Ltd. Yu Tianen during his tenure, "zsz [2008] No. 8334" of Zhongshen certified public accountants, And the "Zheng Hong Ping Bao Zi [2007] No. 004" asset appraisal report on the proposed equity structure adjustment project of Beijing Urban Construction Fourth Construction Engineering Co., Ltd. issued by Beijing Zhenghong certified public accountants Co., Ltd

the audit results issued by Zhongshen certified public accountants in December 2008 for the fourth urban construction company showed that as of the benchmark date determined in the asset restructuring agreement, September 30, 2006, the net assets of the fourth urban construction company were about -559 million yuan

according to the asset restructuring agreement signed by Du Shuming and the fourth urban construction company in November 2007, as of the benchmark date of September 30, 2006, the total assets of the fourth urban construction company were 2.7178.9 billion yuan; Total liabilities are 2.681.8 billion yuan; The net assets are 36.81 million yuan. According to Du Shuming, the evaluation basis in the asset restructuring agreement is the same as that in the previous trading day; 62% of the CIF price of fine ore in Australia is 56.1 US dollars/ton, which is the appraisal report issued by the above-mentioned Beijing Zhenghong certified public accountants Co., Ltd

Beijing Urban Construction Group also obtained 20% of the shares of the restructured fourth urban construction company with the evaluated net assets of 36.81 million yuan and the estimated value of 30million yuan of a 5000 square meter office building at that time

"-559 million yuan (data issued by the intermediate audit) and 36.81 million yuan, with a difference of 596 million yuan!" Du Shuming exclaimed, and believed that "the 36.81 million yuan invested by urban construction group was a false investment"

what made Du Shuming even more upset was that the intermediate audit results also showed that as of the benchmark date of September 30, 2008, the net assets of Beijing Urban Construction Fourth Company were -694million yuan. Obviously, this is far from the expectation of Du Shuming before he joined the fourth urban construction company. So far, Du Shuming has injected 40million yuan into the fourth urban construction company through restructuring, borrowed 170million yuan, and provided 195million yuan of counter guarantee

dispute escalation:

the fourth urban construction company led to a counter guarantee lawsuit

although Du Shuming had questioned the financial statements of the fourth urban construction company, it was Du Shuming who was the first defendant in court

in March, 2009, Beijing No. 1 Intermediate Court accepted the lawsuit of Beijing Urban Construction Group for rescinding the asset restructuring agreement with dushuming Ruifeng Hengji company

the complaint of Beijing urban construction group at that time said that Ruifeng Hengji only fulfilled the payment obligation of 40.05552 million yuan of new capital contribution for the first time, and then refused to fulfill the obligation of capital contribution on schedule, in violation of the asset restructuring agreement and the articles of association, and maliciously created contradictions in the process of operation, causing serious damage to the fourth urban construction company by strictly letting the technical director decide whether to provide relevant resources to meet the requirements after the standard change

Dushuming argued that Beijing Urban Construction Group also made insufficient and false capital contributions, and filed a lawsuit with the Beijing Higher People's court to require Beijing urban construction group to make up the capital contribution, and filed an application to evaluate the assets of the fourth urban construction company at the time of handover

in October 2009, the Beijing first intermediate court finally ruled that Ruifeng Henderson did not inject capital as agreed, and the two parties rescinded the restructuring agreement. In May 2010 and may 2011, the Beijing Higher People's Court upheld the original judgment in both trials. Du Shuming immediately appealed to the Supreme People's court

at the same time, due to the failure of the fourth urban construction company to repay on schedule, the bank directly transferred the loan equivalent amount from the latter's account according to the guarantee contract signed with Beijing urban construction group. Subsequently, Beijing Urban Construction Group sued and required Ruifeng Hengji company, its affiliated enterprises and dushuming to undertake the loan counter guarantee guarantee

up to now, Beijing Urban Construction Group has applied to the court to seal up and execute 34 sets of real estate with a total value of 250million yuan of Ruifeng Hengji company based on the dispute over the bank loan counter guarantee contract of 195million yuan (plus 97million yuan of counter guarantee in another case)

focus of dispute:

dispute over the authenticity of audit reports

it is not difficult to see that all disputes originate from several different audit reports

exhausted

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