What Kind Of Interest Disputes Are Hidden In The High-Intensity Confrontation Of Huatie'S Emergency Report Against Yibang International Prosecution And Reporting?
A sudden accident happened.
On the afternoon of August 8, Hu Dong, chairman of Ebon. Us, a US stock mining giant, made a statement to the outside world. On August 6, he reported to Zhejiang Securities Regulatory Bureau in his real name that Huatie was suspected of serious financial fraud, serious information disclosure violations, and that Hu Danfeng, the actual controller, and pan Qian, his spouse, were suspected of embezzlement and tunneling of assets of listed companies, There are many questions about the amount of custody fee paid by Huatie, the ownership of mining machinery and bitcoin assets.
On August 9, Huatie emergency (603300. SH), A-share listed company, had a one word limit on opening, and its total market value shrank to less than 10 billion yuan. Although the clarification announcement was issued in the morning, it could not stop falling. For a while, China Railway Emergency became the focus of public opinion.
The report of the mining machine boss came from a transaction three years ago.
In 2018, Yibang international subsidiary Zhejiang Yibang Communication Technology Co., Ltd. (hereinafter referred to as "Yibang technology") and Xinjiang Huatie HengAn Construction Safety Technology Co., Ltd. (hereinafter referred to as "Xinjiang Huatie") signed a sales contract with a total price of 403.2 million yuan and 80000 sets of "mining machines". Now, there are disputes over the payment for goods under this contract.
On August 8, Hu Dong, the chairman of Ebon. Us, told the 21st century economic report that "up to now, Xinjiang Huatie still has 282.4 million yuan of remaining money unpaid" since the delivery of 80000 mining machines.
Therefore, at the end of December 2020, Yibang technology filed a lawsuit against Zhejiang Qirui mechanical equipment Co., Ltd. ("Xinjiang Huatie" renamed main body), Huatie emergency and the company's actual controller Hu Danfeng. At present, the case is still under trial.
In response, Huatie emergency public response, "as of the end of December 2018, Xinjiang Huatie has actually received 24000 cloud computing servers... Yibang technology has not fulfilled the supply obligation of the remaining 56000 cloud computing servers to Xinjiang Huatie, and Xinjiang Huatie has no corresponding payment obligation, so it claims to terminate the contract.".
On the morning of August 9, 21st century economic reporter visited Huatie venture building located at 68 Shengkang road in Hangzhou. Guo Haibin, the emergency director of China Railway, received the reporter and said that he would hold a media briefing in the evening of the same day to further explain relevant matters.
Yibang international filed an emergency lawsuit against Huatie, and reported in real name that Huatie was suspected of serious financial fraud, serious information disclosure violations and other illegal activities. What kind of conspiracy, conspiracy and interests of both sides are hidden behind the fierce fighting?
It is worth noting that the 21st century economic reporter learned at the media meeting held by Huatie on the evening of August 9 that the company had reported a case to Hangzhou Public Security Bureau on that day, believing that Yibang international and its Chairman Hu Dong were suspected to constitute the crime of making trouble. The relevant false statements LED to a sharp drop in the company's shares and caused huge economic losses to the company and investors.
Under the huge conflict of interests, the intensity of emergency confrontation between Yibang international and Huatie has been greatly upgraded.
Yangmou: listing listed companies as co defendants
It is very normal for Yibang international to initiate legal proceedings against subsidiaries of Listed Companies in arrears of payment. However, the practice of listing Huatie as a co defendant has surprised many people.
The reason why Yibang international listed the listed company Huatie emergency as the co defendant is that "Xinjiang Huatie is a wholly-owned subsidiary of Huatie emergency, that is, one person limited liability company... It was established by raising funds from the non-public issuance of shares of Huatie emergency Co., Ltd., and its registered capital of 170 million yuan was invested by the raised funds". In this transaction, Hu Danfeng, Hu Danfeng, the emergency staff of Huatie, and Dong Junna played a central role.
In addition, it is worth mentioning that Hu Danfeng, the emergency controller of Huatie, said at the press conference on August 8 that "after buying Yibang's mining machinery, it has lost 30% and now it can only wait for the currency price (rise), but there is no (money) in the company's account. If Xinjiang Huatie wants to take money, I can only bankrupt Xinjiang Huatie, and the listed company will not pay this money, We didn't do it. "
However, Huatie emergency gave a different view.
In the morning Clarification Announcement on August 9, Huatie emergency said, "according to the capital verification report of Xinjiang Huatie HengAn Construction Safety Technology Co., Ltd. issued by Lixin certified public accountants, the registered capital of Xinjiang Huatie HengAn Construction Safety Technology Co., Ltd. is in place and the assets are completely independent, which can be clearly distinguished from the emergency assets of Huatie. Therefore, the two companies are independent of each other, and Huatie emergency should not bear joint and several liability for Xinjiang Huatie. "
In addition, Huatie emergency also mentioned in the announcement that Hu Danfeng, the controlling shareholder of the company, made a commitment in the reply to the inquiry letter after the review of the 2018 annual report that "it shall be jointly and severally liable for the losses that may be caused to the company by the above-mentioned contract disputes. If Huatie HengAn requests Yibang technology to continue to perform or exercise the right to terminate the contract, it will cause emergency economic losses of Huatie, Hu Danfeng assumes joint and several liability.
"In the case I came into contact with, a wholly-owned subsidiary of a listed company defaulted on our customers' payment. We also sued the listed company and preserved the property of the listed company." A lawyer in Hangzhou pointed out to the 21st century economic reporter that there must be some reasons and evidence for Yibang international to list listed companies as defendants, but further material judgment is needed.
Some analysts said that the reason why Yibang international listed the listed company Huatie emergency as co defendant is to add a safety cushion to its litigation claim, and further claim against the listed company with strong payment ability when the first defendant is unable to make compensation.
Behind the assassin's mace: real name report high pressure deterrent
Hu Dong, chairman of Yibang international, reported to Zhejiang Securities Regulatory Bureau three major illegal behaviors, including serious financial fraud, serious information disclosure violations, and the actual controller Hu Danfeng and his spouse pan Qian suspected of embezzlement and hollowing out the assets of listed companies
One is suspected of financial fraud. Yibang international pointed out that Xinjiang Huatie actually paid a total of 86.3548 million yuan of custody fees (Hu Dong, chairman of Yibang international, showed the trust fee transfer and remittance voucher paid by Xinjiang Huatie and its related parties to the trusteeship party to the 21st century economic news reporter). According to the data disclosed by Huatie in emergency, the trust fees paid by Xinjiang Huatie cloud computing business amounted to 54.6379 million yuan, Huatie intentionally undercharged the cost of 31.7169 million yuan.
Second, the letter is illegal. Yibang international pointed out that as early as March this year, Hangzhou intermediate people's Court issued the (2021) ZH01 zhebao No. 3 notice on property preservation matters, confirming that measures had been taken to protect the emergency property of China Railway, 6 bank accounts of Huatie emergency were frozen, and the equity of Zhejiang Huatie yushuo construction Support Equipment Co., Ltd., a wholly-owned subsidiary of China railway emergency, was frozen. It was not until August 3 this year that Huatie disclosed the above-mentioned lawsuit.
In April 2019, Beijing Borui space-time, the trustee of mining machinery, sued Xinjiang Huatie and Huatie for emergency in Wuhai, Inner Mongolia, because Xinjiang Huatie was in arrears with electricity charges for mining machine. Huatie emergency letter did not mention this. 80% equity of Xinjiang Huatie was frozen by Wuhai Hainan District Court of Inner Mongolia.
Thirdly, Hu Danfeng, the actual emergency controller of Huatie, and his spouse pan Qian are suspected of occupying a huge amount of positions. According to relevant evidence, one of the bitcoin mining pool, miner number, bitcoin income and bitcoin wallet address corresponding to the mining machine purchased by Xinjiang Huatie all belong to the mobile phone user with the number of 139xxxx9886, and the mobile phone user happens to be pan Qian, wife of Hu Danfeng, the emergency controller of Huatie, The five bitcoin wallet addresses corresponding to pan Qian's mobile phone number, as well as the specific sub account number, payment time and payment address, were demonstrated at the press conference). Based on these five bitcoin addresses, as of March 2019, the number of bitcoin coins mined by Pan Qian reached 4418.895748.
According to the bitcoin price quotation on August 3, 2021, the value of bitcoin held by Hu Danfeng, the emergency controller of Huatie, and pan Qian, his wife, is as high as 1.08 billion yuan.
In response to the above-mentioned real name report by Hu Dong, chairman of Yibang international, Huatie emergency issued a clarification notice on the morning of August 9, saying, "after verification by the company, and confirmation with the actual controller Hu Danfeng and his spouse pan Qian, the company has no suspected serious financial fraud Serious information disclosure violations, as well as the actual controller Hu Danfeng and his spouse pan Qian are suspected of occupying huge amounts of positions and tunneling the assets of listed companies
Huatie emergency stressed that, one year after the establishment of Xinjiang Huatie in March 2018, in April 2019, the company had sold 100% equity of Xinjiang Huatie for 12.28 million yuan, and changed its name to "Zhejiang Qirui mechanical equipment Co., Ltd." in September of that year, Huatie emergency stressed that due to the overall transfer of all equity of Xinjiang Huatie, "subsequent creditor's rights and debts have nothing to do with the company".
According to the announcement, in March 2019, Huatie emergency announcement transferred 100% equity of Xinjiang Huatie to natural person Chen Wanlong.
The endless entanglement of interests
It is not complicated to look at the emergency payment transaction between Yibang international and Huatie.
According to the "product sales contract" and "contract supplementary agreement" obtained by the reporter of 21st century economic report, on May 7, 2018, Xinjiang Huatie, a wholly-owned emergency subsidiary of Huatie, signed a "cloud computing server" procurement contract with Yibang technology, with the quantity of 80000 units, the unit price of 5040 yuan / set, and the total price of 403.2 million yuan.
On May 30, 2018, the time node of payment for goods was adjusted in the supplementary agreement to the contract. It was agreed that Huatie should pay off a total of 403.2 million yuan before October 20, 2018, of which 80.64 million yuan was agreed to be paid on May 7; On May 30, 10.08 million yuan was paid and 20000 mining machines were put on line; On June 15, 25.2 million yuan was paid and 50000 units were put online; On June 20, 5.04 million yuan was paid and 10000 units were put on line; The remaining RMB 2822.4 million will be paid before October 20.
On August 8, Yibang science and technology personage told the 21st century economic report that after Xinjiang Huatie had paid the first four payments totaling 120.96 million yuan, according to the requirements of Huatie, from the end of May to the end of July, it sent cloud computing servers to Inner Mongolia, Sichuan and other places, and completed the delivery of all cloud computing servers, And presented the receipt confirmation form of several Xinjiang Huatie employees on August 17, 2018.
However, Huatie emergency gave a different view.
In its reply to the Shanghai Stock Exchange's inquiry letter in November 2019, Huatie said, "as of the end of December 2018, Xinjiang Huatie actually received 24000 cloud computing servers... Yibang technology has not fulfilled the supply obligation of the remaining 56000 cloud computing servers to Xinjiang Huatie, and Xinjiang Huatie has no corresponding payment obligations".
"It is really difficult to confirm whether the mining machinery has actually delivered, because there is no third-party department to notarize the mining machinery industry. The main thing is to see whether the mining machinery trusteeship has actually received and launched the mining machine." on the afternoon of August 9, a person who has long been concerned about bitcoin circle told the 21st century economic report.
According to public information, the trusteeship of mining machinery is Beijing Borui time and Space Culture Communication Co., Ltd. on August 9, the reporter of 21st century economic report called Beijing Borui space-time public telephone, but no one answered.
In this process, at the end of December 2020, Yibang technology appealed to the court and listed Zhejiang Chery Machinery Equipment Co., Ltd. (the main body after the renamed Xinjiang Huatie), Huatie emergency and the company's actual controller Hu Danfeng as defendants, requiring them to pay the remaining 282.4 million yuan of loan, and requested the listed company and its actual controller to bear joint and several liability for settlement. The case has been heard twice in June this year.
Who signed up for 56000 bitcoin miners is still a mystery.
Interestingly, at the media briefing held on the evening of August 9, Huatie made it clear that the company had reported the case to Hangzhou Public Security Bureau on the same day, believing that Yibang international and its Chairman Hu Dong were suspected to constitute the crime of making trouble. The relevant false statements led to a sharp drop in the company's shares and caused huge economic losses to the company and investors.
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