Leading the way in demolishing homes to defraud 3.48 million yuan in demolition funds! Demolition Cadres Forgery of "Empty Shell" Factory Buildings Working Group | Related | Empty Shell
Opening column language
Using people as mirrors can reveal gains and losses; Using a case as a mirror can lead to good conduct and discipline. The use of negative typical cases to carry out warning education is an important measure to promote the "three non corruption" in one body, and is a powerful lever to promote party members and cadres to build a strong ideological defense line. In order to make good use of the cases around us, do in-depth and practical education on discipline and law, and guide the majority of party members and cadres to be vigilant, know the bottom line, be in awe, and be wary, the "Clean Sichuan" website and WeChat official account will launch the column "Case as a mirror" from February 14, 2023.
This column focuses on the "fly greed and ant corruption" that occurs around the people and erodes their immediate interests. Through analyzing typical cases of disciplinary and illegal violations by grassroots party members, cadres, and public officials from multiple perspectives, it not only keeps the alarm ringing, but also carries out disciplinary and legal interpretations. It continues to play the role of educating and warning people around it through cases, and continuously promotes the comprehensive and strict governance of the party to develop in depth.
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Case file
Yang Dezhong, male, Han nationality, born in Lushan, Sichuan Province in January 1973, started work in March 1990, joined the CPC in December 2003, and served as the director of the Agricultural Comprehensive Service Center in Feixianguan Town, Lushan County, Ya'an City.
In June 2022, Yang Dezhong was subjected to disciplinary review and supervision investigation by the Lushan County Commission for Discipline Inspection and Supervision on suspicion of serious violations of discipline and law.
In September 2022, Yang Dezhong was expelled from the Party for serious violations of Party discipline, constituting illegal duties and suspected of corruption. The Lushan County Agriculture and Rural Bureau terminated his employment relationship in accordance with relevant management regulations.
In December 2022, Yang Dezhong was sentenced to 5 years in prison and fined 300000 yuan for the crime of corruption.
Case Investigation
"Rome wasn't built in a day, with a psychological imbalance and greed breeding, which led me to fall step by step and embark on the path of illegal crime." In the quiet of the night, facing the cold high wall, Yang Dezhong often recalled his own absurdity.
In September 2013, Lushan County launched the internal supporting infrastructure construction project for the Beichang Town Phase I resettlement housing in Feixianguan Town. Yang Dezhong, who was then the director of the Agricultural Technology Promotion Service Center in Feixianguan Town, was appointed as the deputy leader of the rural housing demolition work group by the Feixianguan Town government because he was a local cadre and familiar with public work.
Yang Dezhong, former director of the Agricultural Comprehensive Service Center in Feixianguan Town, Lushan County, is under investigation and review.
Due to the tight schedule of demolition work and the difficulty of public work, Yang Dezhong took the initiative to stand up and said, "I am a cadre, I will take the lead, starting from my home!" Under the leadership of Yang Dezhong, the surrounding people cooperated with the demolition. This time, Yang Dezhong earned himself a lot of reputation.
Little did they know that it was in this rural housing demolition work that Yang Dezhong was most aware of the compensation standards and other policies for demolition, and he actually had his own plan to take the lead in demolition. Originally, Yang Dezhong's "home" was just an idle site in Beichang Town that he purchased from others for over 30000 yuan a few years ago. The site only had a few dilapidated fiberglass tiled houses built by tenants at the time, and leading the way in demolition was just the "opening show" of his "cover up" plan.
When the demolition team conducted a physical indicator survey of Yang Dezhong's farmhouse, Yang Dezhong claimed that he did not have a house key and there was nothing inside. Out of trust in Yang Dezhong, the demolition team did not enter the house and did not register the physical items inside and outside the house. Subsequently, Yang Dezhong imitated his wife's handwriting and signed her name on the "Compensation and Resettlement Agreement for Rural Housing Demolition in Feixianguan Town, Lushan County", thus completing the housing demolition matter.
After the farmhouse was flattened, he immediately reported to the command center, falsely claiming that the house was not an ordinary farmhouse, but a meat processing plant. There was also an unregistered frozen storage room used for production and operation inside the house. However, in order to cooperate with the demolition work, all the physical objects had been demolished, causing him significant economic losses. Subsequently, the county enterprise demolition working group instructed the relevant departments of Feixianguan Town to complete the relevant procedures according to the enterprise demolition standards, and requested Yang Dezhong to provide relevant supporting materials for the operation of the meat processing plant in accordance with regulations.
In order to give the "processing factory" a "name", Yang Dezhong cleverly used the name of "Lushan County Xinyuan Meat Products Processing Factory" to forge business licenses and tax registration certificates, and fabricated a list of equipment installed in the freezer. Yang Dezhong even found a frozen storage facility in a neighboring county with a similar scale to his farmhouse, took photos of some infrastructure, and made his own image data of the frozen storage facility during operation, attempting to confuse it with real. In addition, as the deputy leader of the demolition team, he also requested the staff to sign on the relevant materials, "Sign as soon as you ask. These are all actual occurrences, and I have already reported them to the leadership."
These carefully planned images, equipment lists, and other materials were handed over to a third-party asset evaluation company for evaluation by the county enterprise demolition working group. The first evaluation price was over 1.3 million yuan, which did not meet Yang Dezhong's psychological expectations. On this basis, he also falsely listed compensation payments for buildings, machinery and equipment, and made a supplementary physical list to submit to the county enterprise demolition working group. Under his unremitting efforts, the final asset appraisal price reached over 1.78 million yuan.
In this way, the idle site that had been abandoned for many years transformed into a "meat processing plant".
"At first, I thought it would be enough to obtain a compensation of over one million yuan for producing false information. Later, I learned that there was also a subsidy policy for production enterprise shutdown losses. I think we can fight for it again, and in case we can compensate me a little." At this time, Yang Dezhong had already been blinded by money and resorted to any means to fabricate for personal gain.
After the asset appraisal price was recognized by the government of Feixianguan Town, the county enterprise demolition working group believed that the physical frozen storage had been demolished, and there was no information on production and operation. Therefore, the Feixianguan Town government and the rural housing demolition working group were responsible for the production and operation of the meat processing plant. Therefore, Yang Dezhong, as the person to be demolished, went to other places with the head of the rural housing demolition work group and the staff of the county enterprise demolition work group to understand the production and operation situation of the frozen storage. During this period, Yang Dezhong falsely claimed that his frozen storage scale, operational status, and inspection of the enterprise were similar. After negotiation, Yang Dezhong was granted a loss subsidy of 1.65 million yuan and a cooperative demolition reward of 50000 yuan, as he had hoped. In addition to the previous asset evaluation, the total amount was over 3.48 million yuan.
However, the unexpected wealth obtained from the demolition did not allow Yang Dezhong to live the expected happy life. He was both happy and afraid, afraid of being discovered for his illegal and criminal behavior. He was trembling all day and couldn't sleep at night, which led to depression. He needed medication to help him sleep.
When he was first detained, Yang Dezhong still held a lucky mentality, believing that the house had been demolished and that almost 9 years had passed, and no relevant evidence could be found. However, no matter how deep the truth is hidden, it will eventually be revealed, and their fraudulent behavior of obtaining compensation for demolition will be punished by the law.
"Looking back on the entire experience, I felt scared that I would have done such a foolish thing, causing such a huge loss to the country. I didn't know how to face my family, friends, and colleagues, all the regrets intertwined and kept me awake all night." At this time, Yang Dezhong could be said to have regretted it too late.
Case Analysis
This is a typical case of party members and cadres using their positions for personal gain. As an expert in land acquisition and demolition work, Yang Dezhong should have shouldered the trust of the masses and set an example in his work. However, he took advantage of his position to fraudulently obtain compensation funds for demolition, with a huge amount of money. His behavior has violated party discipline and national laws and regulations, and is suspected of corruption. The nature of his actions is serious and the impact is bad, and he should be dealt with seriously. According to the Regulations of the CPC on Disciplinary Punishment, the Supervision Law of the People's Republic of China and other relevant provisions, Yang Dezhong was expelled from the Party. According to the relevant provisions of the Criminal Law of the People's Republic of China, Yang Dezhong's behavior should be deemed to constitute the crime of corruption.
1. Regulations of the CPC on Disciplinary Actions
Article 83: Party and state officials or personnel entrusted with the management and operation of state-owned property who, taking advantage of their positions, embezzle, steal, defraud or illegally occupy public property by other means shall be given a warning or serious warning if the circumstances are relatively minor; If the circumstances are serious, the party shall be revoked of its position within the party or detained for observation; Those with serious circumstances shall be expelled from the Party.
Those who embezzle party dues, social security funds, disaster relief, disaster relief, flood prevention, preferential treatment, poverty alleviation, immigration, relief, and epidemic prevention funds and materials shall be given heavier or aggravated punishments in accordance with the provisions of the preceding paragraph, until they are expelled from the party.
2. Supervision Law of the People's Republic of China
Article 45: Supervisory organs shall, based on the results of supervision and investigation, make the following measures in accordance with the law:
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For those suspected of committing official crimes, if the supervisory organs, after investigation, believe that the facts of the crime are clear, the evidence is true and sufficient, they shall prepare a prosecution opinion, and together with the case file materials and evidence, transfer them to the People's Procuratorate for lawful examination and prosecution;
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Article 46: After investigation, the supervisory authority shall confiscate, recover or order the return or compensation of illegally obtained property in accordance with the law; The property obtained on suspicion of committing a crime shall be transferred to the People's Procuratorate along with the case.
3. The Criminal Law of the People's Republic of China
Article 382: State officials who, taking advantage of their positions, embezzle, steal, defraud or illegally occupy public property by other means are guilty of corruption.
Personnel entrusted by state organs, state-owned companies, enterprises, institutions, and people's organizations to manage and operate state-owned property who, taking advantage of their positions, embezzle, steal, defraud or illegally occupy state-owned property by other means shall be deemed as embezzlement.
Those who collude with the personnel listed in the first two paragraphs and collude with corruption shall be punished as accomplices.
