Multiple violations of accepting famous cigarettes and alcohol! The director of orthopedics personally smashed the "first knife" golden signboard, "greedy" into the bone marrow unit | bribery crime | famous cigarettes

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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

Li Xiaofu, male, born in June 1967 in Mianzhu, Sichuan, started working in July 1989. I have worked successively at the Affiliated Hospital of Luzhou Medical College and the People's Hospital of Mianzhu City. I have held positions such as Director of Orthopedics, Director of Orthopedics Department One, and Administrative Director of Orthopedics Department One Ward at the People's Hospital of Mianzhu City.

In March 2022, Li Xiaofu was under supervision and investigation by the Mianzhu Municipal Supervision Commission.

In June 2022, Li Xiaofu was dismissed from public office due to serious violations of national laws and regulations, constituting a violation of his duties and being suspected of bribery and unit bribery.

In September 2022, Li Xiaofu was sentenced to 3 years and 6 months in prison, fined 200000 yuan, and returned 1.8489 million yuan in illegal gains for committing the crimes of bribery and unit bribery. The orthopedic department of Mianzhu People's Hospital committed the crime of accepting bribes from a unit and was fined 400000 yuan. The illegal gains of 3.734 million yuan returned by relevant personnel were confiscated and turned over to the national treasury.

Case Investigation

"The organization has trained me step by step to become an orthopedic director. I should have been grateful to the organization and served patients well, but I let selfish desires' numb 'my thoughts and indulge hedonism' occupy 'my soul..." Due to the expansion of selfish desires and vanity, the sacred profession of a doctor was ashamed, and Li Xiaofu felt guilty in his confession.

Li Xiaofu, former administrative director of the orthopedics department of Mianzhu People's Hospital, accepted supervision and investigation.

When he first started working, Li Xiaofu still had the ideal and original intention of "saving lives, aiding injuries, treating illnesses, and saving people". He was diligent in research, down-to-earth, and hardworking. With the accumulation of clinical practice, his medical skills became increasingly exquisite. In September 2010, due to his outstanding performance, he became the Deputy Director of the Orthopedics Department of Mianzhu People's Hospital. Shortly thereafter, he was appointed as the Director of the Orthopedics Department and became the main head of the department. He devoted himself wholeheartedly to the medical profession and treated one patient after another. Many patients came to seek medical treatment through word of mouth. At that time, he had not yet abandoned his compassion as a doctor, and thus won the reputation of being the "first knife" in the field of orthopedics in Mianzhu.

With the promotion of their positions, more and more consumables suppliers are actively coming to make friends with Li Xiaofu. Seeing businessmen driving luxury cars and entering high-end hotels, Li Xiaofu's thoughts gradually changed: "I am also considered an expert, with first-class skills and abilities. It is only natural for me to have good cars for transportation and people to treat guests to meals."

In September 2011, as the head of orthopedics, Li Xiaofu naturally became a member of the orthopedic materials evaluation team. It was precisely because of this transformation that Zhang, the material delivery supplier of a medical device limited company in Sichuan, immediately approached him, hoping that he would provide assistance in the bidding and procurement of orthopedic consumables. He promised to pay a 30% rebate based on the sales ratio, of which 5% belonged to Li Xiaofu personally, and the remaining 25% was given to the orthopedic department. Li Xiaofu couldn't withstand the repeated persuasion of the consumables supplier, let alone the temptation of money, so he agreed to Zhang's suggestion.

So, in the 2011 orthopedic consumables evaluation process, Li Xiaofu gave a high score to the medical device company affiliated with Zhang, allowing him to win the bid smoothly. He not only received 34100 yuan personally, but also received another 48000 yuan from the department kickback.

This kind of cooperation continued until 2015. In October 2015, the orthopedics department of Mianzhu People's Hospital was divided into the first and second orthopedics departments, with Li Xiaofu serving as the director of the first orthopedics department.

To avoid his own risks, Li Xiaofu approached Zhang and requested that 30% of the kickbacks be given to the Department of Orthopedics, rather than individual kickbacks. At the same time, to cover up the situation, Li Xiaofu and Zhang reached an agreement, renaming the winning delivery company as five medical device suppliers and signing a orthopedic material procurement contract with Mianzhu People's Hospital.

After the long-term cooperation was achieved, Li Xiaofu began his path of corruption with even greater confidence and boldness. Despite frequently performing surgeries on patients, Li Xiaofu did not perform "anti-corruption" surgeries on himself, and the "toxins" of corruption gradually invaded the skin, heart, and bone marrow.

Departing from his original mission of saving lives and helping the injured, Li Xiaofu became a financial "slave" who relied on medicine to seek medical treatment. Eventually, he went into the abyss of illegality and personally smashed the golden signboard of his painstakingly crafted orthopedic "first knife".

After investigation, from September 2011 to December 2020, during his tenure as the Deputy Director and Director of the Orthopedics Department of Mianzhu People's Hospital, Li Xiaofu received a total of 416200 yuan in cash rebates from delivery providers. He also arranged for department doctors or representatives to receive a total of 5.1667 million yuan in cash rebates from delivery providers, of which Li Xiaofu himself received 1.4327 million yuan. At the same time, Li Xiaofu has repeatedly violated regulations by accepting and managing service objects such as cigarettes and alcohol.

Case Analysis

As an orthopedic doctor, Li Xiaofu should have been loyal to professional ethics and medical ethics, responsible for the health and life of patients. However, he has weak legal awareness and has repeatedly violated regulations by accepting gifts such as cigarettes and alcohol from management service recipients. He has used his position to seek benefits for others, illegally accepting kickbacks from others, and is suspected of bribery. As the head of the Orthopedic First Ward, Li Xiaofu jointly discussed the amount, payment method, and distribution plan within the department. He arranged for doctors or his own representative to receive huge kickbacks multiple times. He and the Orthopedic First Ward of Mianzhu People's Hospital are suspected of accepting bribes from their units and have not restrained or taken action after the 18th National Congress of the Communist Party of China. The nature of the situation is bad and the circumstances are serious, and they should be dealt with seriously. According to the relevant provisions of the Supervision Law of the People's Republic of China, Li Xiaofu was dismissed from public office; According to the relevant provisions of the Criminal Law of the People's Republic of China, Li Xiaofu's behavior should be recognized as constituting the crime of bribery and the crime of unit bribery. The orthopedic department of Mianzhu People's Hospital should be recognized as constituting the crime of unit bribery.

1. Supervision Law of the People's Republic of China

Article 15: Supervisory organs shall supervise the following public officials and related personnel:

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Personnel engaged in management in public education, scientific research, culture, medical and health, sports and other units;

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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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Make administrative sanctions such as warnings, demerits, major demerits, demotions, dismissals, and dismissals against illegal public officials in accordance with legal procedures;

2. The Criminal Law of the People's Republic of China

Article 385: State officials who, taking advantage of their positions, extort money or property from others, or illegally accept money or property from others to seek benefits for them, shall be guilty of bribery.

State officials who violate national regulations in economic transactions by accepting various forms of kickbacks and handling fees, which belong to themselves, shall be punished as accepting bribes.

Article 387: If a state organ, state-owned company, enterprise, institution, or people's organization solicits or illegally accepts money or property from others, seeks benefits for others, and the circumstances are serious, the unit shall be fined, and the person in charge and other directly responsible persons shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention.

The units listed in the preceding paragraph who, in economic transactions, secretly accept various forms of kickbacks and handling fees outside of their accounts shall be deemed as accepting bribes and punished in accordance with the provisions of the preceding paragraph.