Chapter 345 Throwing the Heavy Hammer
But the problem is that the exception to the legal personality denial system is easy to say, but very difficult to implement.
Because it has to go through very complicated legal procedures to determine that the shareholders are conducting illegal activities through the LLC, rather than the poor management of the LLC itself.
This provision is rarely used in real-world situations and is basically not feasible, so there is a reason why it is ignored by most lawyers.
Judging from Jin Dazhuang's 20 years of experience in the industry, he barely managed to win once, but both sides put in too much effort, and in the end the gains outweighed the losses.
Therefore, Jin Dazhuang was only stunned for a moment, and immediately lowered his face and said, "Okay, first you can prove that my client intends to conduct illegal activities through Dacheng Industry, and then go to court to sue and see what the judge decides!"
Zhang Baochen quickly said: "I have never done this before, I can swear it! I don't even know what Dacheng Industry is doing, and I have never intervened in its operation and management!"
"Did you hear that?" Jin Dazhuang sneered, "Don't think that you can tell me what to do if you know some legal provisions. If you have the guts, go and sue!"
Gu Nianzhi smiled, took out a stack of blue-marked materials, and put them in front of Jin Dazhuang.
"Lawyer Jin, please take a look, this is the contract for the military supplies business that the industry has done with the military department."
"Here is the serious loss caused by the products provided by the company in the training of the troops."
"This is the conclusion reached after the investigation by a third-party independent expert. Dacheng Industrial has consciously shoddy in the supply, filling its own pockets, making inappropriate huge profits from the military supply business, causing harm to soldiers, and harming our country. safety hazard.”
Jin Dazhuang's face was as white as paper, he took the materials provided by Gu Nianzhi, opened them one by one, and quickly checked the ins and outs.
"That's all, I can't say that my client has violated the law." Jin Dazhuang looked at it for a long time, but still bite the bullet and said: "It's too subjective to say that it's a good thing. If I go to court, I don't believe it." The judge will therefore judge my client to have violated the law."
"Really?" Gu Nianzhi smiled, and took out the materials provided by Huo Shaoheng. This is the most important evidence.
"Then what do you look at?" Gu Nianzhi handed it to Jin Dazhuang, "Zhao Da, Zhang Feng and Zhang Baochen, the shareholders of Dacheng Industry, have successively transferred the cash in the company to their private accounts by various means in the past two years, A shell company was set up to launder money by transferring money through Dacheng Industrial’s bank account.”
Jin Dazhuang slumped on the chair all of a sudden, and let out a long breath.
If the previous evidence, he can also argue that there is a 70% certainty that the court will favor Zhang Baochen.
But the evidence that Gu Nianzhi presented at the end could not be cleared up no matter what.
If you really go to sue, the court will definitely judge that the shareholders of Dacheng Industry used the LLC to conduct illegal activities to collect money after seeing the evidence of money laundering.
When the time comes for the crime to be committed, not only will the family be ruined and compensated, but they will also be imprisoned...
Jin Dazhuang swallowed a few mouthfuls of saliva with difficulty, and looked at Gu Nianzhi with dull eyes: "... What if we choose to reconcile?"
"It's very simple, just sign this." Gu Nianzhi pushed the asset survey form over with a smile, "Then auction off all the real estate on this survey form and return all the cash in the bank account to the military department, I will Plead with the military department not to prosecute your client."
Jin Dazhuang nodded with a pale face: "Okay, I agree."
Zhang Baochen immediately exploded, he jumped up, pointed at Jin Dazhuang's nose and cursed: "Did you take the wrong medicine?! You are my lawyer! Why do you listen to what she says?! These properties are mine! Mine! Why should I pay the debts for that broken company? I don't even know what they owe!"
Gu Nianzhi looked down from his own materials, found a copy of the document signed by Zhang Baochen, and pushed it to the other end of the conference table.
"Mr. Zhang, look for yourself, this document has your signature on it,
And fingerprints. "
"What document?" Zhang Baochen took it inexplicably, opened it to look at it, and immediately jumped up and shouted: "This, this, this... I don't remember that I signed such a document!"
This document is a power of attorney, authorizing Dacheng Industry to open a branch in Italy, and the sole purpose of that branch is to remit most of the property of the two companies abroad for money laundering in order to evade domestic audits.
"It doesn't matter if you don't remember, you just need to make sure that this is your autograph and the fingerprint here is your fingerprint." Gu Nianzhi said lightly, "The law only authenticates evidence. What do you think? It has nothing to do with this case."
Zhang Baochen's hands trembled, and the corners of his mouth kept twitching. He actually remembered that this was brought by his wife and asked him to sign. She said it was related to Dacheng Industry, so he signed it...
I didn't expect it to be a pit!
Zhang Baochen was so angry that he slapped the document on the table and said angrily, "My wife asked me to sign it! I don't know what's going on! How can I blame this?"
"Mr. Zhang, you are an adult, and you have to be responsible for your own words and deeds. You can shirk responsibility by saying that you don't know? Are you stupid and you have reason?" Gu Nianzhi resisted the urge to roll his eyes and ignored Zhang Baochen .
"Lawyer Jin, do you understand now?" Gu Nianzhi chose to communicate with Jin Dazhuang, "The Audit Office of the Military Ministry said that Dacheng Industry was 'insolvent', and asking them to use their private property to repay the debt is to give the chief face. Shareholders Mr. Zhao and Ms. Zhang intend to deceive the military’s fraud. Not only do they have to spit out the illegal profits they have eaten, but the military has to go to court, even if they declare the company bankrupt. Go to jail."
This is a criminal act, and you must bear legal responsibility. It does not mean that you are exempt from liability as a shareholder.
Only then did Zhang Baochen understand, and pulling Jin Dazhuang nervously said: "Lawyer Jin, I don't want to go to jail! I don't want to go to jail! You help me with the lawsuit! I'll give you whatever money you want!"
As long as he can stay out of jail, it doesn't matter if he goes bankrupt.
Gu Nianzhi sneered, and pushed the asset survey form again: "Mr. Zhang, you should sign it. According to your shares, you are responsible for 265 million of the military's 5.3 billion losses. All the properties are sold, add your bank balance, and you're pretty much done."
Jin Dazhuang sighed, and persuaded Zhang Baochen: "You have no other choice, just do what the young lady says. This way you will definitely not go to jail."
Because Zhang Baochen holds few shares and has not participated in the company's operation, he just needs to spit out the dividends he had eaten before.
The military will not go after a small shareholder.
Their main targets of accountability are Zhao Da and Zhang Feng.
Zhao Da's face turned pale when he heard it, and finally couldn't help calling Zhang Baochen: "Baochen, don't you go and ask the chief? Isn't he going to marry your mother?"
Zhang Baochen suddenly turned around and said, "Shut up! It's nothing! Don't talk nonsense!"
As soon as Zhao Da heard it, he understood that the marriage was probably a mess, and his face became even more ugly. His hands gradually became stronger, and the leather cover of the sofa was almost torn out.
"As long as I pay back the money, I really don't have to go to jail?!" Zhang Baochen ignored Zhao Da, turned around and looked at Jin Daxiang, his eyes almost protruding, "Lawyer Jin, can you guarantee it?"
Jin Dazhuang looked at Gu Nianzhi: "Miss Gu, if my client pays the compensation, can the military department give my client a waiver?"
That way he won't be charged.
Gu Nianzhi nodded affirmatively: "Sure, as long as I make up all the money, I will apply for a waiver of liability for him."
Only then did Zhang Baochen let out a long breath, and said to Jin Dazhuang, "Then please ask Lawyer Jin to help me calculate all my property."
Gu Nianzhi twitched her lips, secretly thinking that Zhang Feng could really make money, she was already a rich woman herself, and she gave her son a huge sum of money...
But if you eat something that doesn't belong to you, you must spit it out.
Zhang Baochen picked up a pen, signed the asset survey form, and also signed a power of attorney agreeing to auction the property.
Gu Nianzhi collected the documents and forms signed by Zhang Baochen, put them in his briefcase, stood up, said goodbye and left.
She and Zhao Liangze came out of the gate of Junlin Law Firm, stood still at the entrance of the elevator, chatted softly, and waited for the elevator to come up.
Not long after, the elevator jingled and the elevator doors opened. He Zhichu appeared in front of them tall and tall, wearing a camel-colored cashmere half-length coat.
Gu Nian subconsciously took a step back.
This was the first time she and He Zhichu had met since the last conflict at his house.
She was a little embarrassed.
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This is the second update.
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