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【新唐人2013年07月16日讯】前湖南三馆房地产开发集团公司总裁曾成杰，涉嫌以高额利息对外吸金，7月12被处死刑。曾成杰的律师告诉本台记者，曾成杰的争论焦点，不是该不该判死刑，而是有没有罪？律师 指出，当局为了掩盖过错处死曾成杰。同时律师披露，湘西集资案五人领导小组当中，一个是现今的政治局委员张春贤，一个是现任最高法院院长周强。
湘西非法集资案主犯曾成杰被控非法吸金34.52亿元人民币。曾成杰女儿曾珊12号在微博发布消息说：曾成杰已经被执行死刑了，家属连他的最后一面也没见到！当局没有通知家属！
周一，曾珊再连发几条微博表示，〝终于拿到了父亲的骨灰，我不敢相信父亲真的去世了！连尸体都看不到！〞
曾成杰的二审辩护人，北京市盛廷律师事务所律师王少光，7月15号告诉《新唐人》，如果说曾成杰有罪，那也是很轻的罪。
曾成杰辩护律师王少光：〝这个案件严格从法律来讲，它属于非法吸收公众存款罪。但是根据法律 规定，它应该属于免于刑事处罚的。因为他这个融资，是政府支持，政府鼓励，政府参与 的，做的政府重点工程，如果曾成杰构成了非法吸收公众存款罪，那么当地政府是同案犯也得判刑。政府的领导也要判刑。〞
据了解，非法吸收公众存款最多刑期是十年，而集资诈骗最高刑期是死刑。可是非法吸收公众存款，如果能够还清老百姓的钱的话，是不追究刑事责任的。
曾成杰所欠的融资本金为12.5亿，而曾成杰的三馆公司已经支付了9.4亿的利息和1.1亿的客户奖励，也就是说，三馆欠群众的绝对本金是2亿元。根据当时当局对三馆资产所做的资产评估，资产价值为23.8亿，足以抵债。
王少光：〝如果不扣除利息呢，他也只欠12.5亿，当时三馆公司的资产价值是23.8亿，那还剩11个亿呢？〞
那么，三馆公司的资产到哪里去了呢？王少光说，湖南省政府没有经过任何法定手续，包括资产评估法律文书，扣押法律文书，处置法律文书，就把公司财产给强行拿走了。
王少光：〝拿走以后把这个财产给谁呢？给了自己的独资企业云泰公司，独资企业云泰公司又把这几十个亿资产给了谁呢？给了湖南省的独资企业财信公司，也就是说，转来转去，把企业的资产抢走以后，都没有跑出他湖南省政府的腰包。然后就说你的财产不值钱，你资不抵债，然后把人给你枪毙了。〞
王少光介绍，在2008年三月以前，湘西政府大力鼓励支持民间融资，自从更换当局领导以后，却开始打击民间融资。
王少光：〝特别是2008年6月26号，发了一个内部文件 ，要求它的党政干部退出融资，这样党政干部就提前退出融资，一退出融资，自然就造成民间融资，企业资金炼断裂 ，完全是政府的错误行为造成的。它判决曾成杰死刑，就是为了掩盖当地政府官员的过错。〞
王少光还透露，当局当时处理湘西集资案件的五人小组名单当中，组长是现任中央政治局委员的张春贤，副组长中有一位是目前的最高法院院长周强。
网上流传曾成杰遗书，其中讲述吉首市政府设套抓捕22名民营企业老板，遗书控诉当局权大于法，曾成杰预感等不到司法公正的那一天。王少光表示，这封信是曾成杰亲手交给他的。
最高法院6月14号核准曾成杰死刑，但没有告诉家属和律师，执行死刑前后也不让家属见面，家属最后只领到曾成杰的骨灰。
法律规定，执行死刑之前不但应征求本人意见要不要见家属，也要征询家属的意见。而且，曾成杰的律师表示，至今没有收到高院核准死刑的通知。
采访编辑/秦雪 后制/李月
Lawyer: The Regime Kills Zeng Chengjie to Cover up Mistake
Former president of San Guan Real Estate, Zeng Chengjie,
allegedly attracted funds with high interest rates.
He was later executed on July 12.
Zeng Chengjie’s lawyer told NTD that the debate was not about
the death sentence, but about if he’s indeed guilty of a crime.
The lawyer indicated that the death sentence was a
cover up for the officials involved.
Both politburo committee Zhang Chunxian and Supreme People’s
Court president Zhou Qiang were said to be involved in the case.
The principal criminal, Zeng Chengjie, was charged
with illegal fund-raising of 3.452 billion yuan.
His daughter, Zeng Shan issued a microblogging on
the 12th, “Zeng Chengjie was executed by lethal injection.
The family did not even get to see him one last time!
The authorities failed to notify the family!”
Monday, Zeng Shan issued a few more microbloggings
between 11 am and 4 pm, “Finally received father’s ashes.
I can not believe father has really died!
Did not even get to see his body!”
Zeng Chengjie’s second trial counsel was Wang Shaoguang,
an attorney from Sheng Ting law firm, Beijing.
He told NTD on July 15th that even if guilty,
Zeng Chengjie’s crime was a very minor crime.
Attorney Wang Shaoguang: “Strictly speaking,
this is a case of illegal absorbing of public savings.
According to law, it is exempted from criminal punishment,
because his financing was supported, encouraged,
and participated by the government.
It belongs to a governmental key project.
If Zeng Chengjie has committed a crime as
illegal absorbing of public savings,
it means local government is an accomplice.
The governmental officials should also be punished.”
Crimes of illegal absorbing public savings
is known to receive a maximum sentence of 10 years.
Crimes of fraudulent fund raising will receive
a maximum of the death sentence.
However, for the crime of illegal absorbing public savings,
if all the money was returned, the offender
will not be held criminally responsible.
Zeng Chengjie owed 1.25 billion in financing, while his
San Guan Real Estate had paid 0.94 billion in interest
and 0.11 billion of customer reward.
That means San Guan Real Estate still owed 0.2 billion.
According to asset valuation done by the authorities,
San Guan was worth of 2.38 billion, which was sufficient to pay off the debt.
Wang Shaoguang: “If the interest was subtracted,
he still owed 1.25 billion.
San Guan Real Estate was worth of 2.38 billion.
Where was the remaining 1.1 billion?”
So, where did the San Guan remaining assets go?
Wang Shaoguang indicated that Hunan provincial
government forcibly took it away,
bypassing all legal procedures such as
asset evaluation, seizure, and disposal.
Wang Shaoguang: “Who gets to receive the remaining assets?
Yun Tai company, a Hunan-owned enterprise got it.
Yun Tai transferred the funds to Caixin company,
another Hunan-owned enterprise.
That means all the funds remain in Hunan provincial government.
The offender was then told that his company was worth nothing.
Without sufficient funds to pay off the debt,
the offender was executed.”
Wang Shaoguang explained, prior to March 2008, Hunan
government was strongly supportive of private financing.
Ever since the new leadership took office,
private financing was cracked down upon.
Wang Shaoguang: “An internal document on June 26, 2008,
requested cadres withdraw from financing.
This order has subsequently broken the financing chain of
private financing. This is a governmental mistake.
Zeng Chengjie was sentenced to death to cover up
the fault of local government officials.”
Wang Shaoguang also revealed a 5-member team
was handling this financing case.
The 5-member team was headed by Politburo committee
Zhang Chunxian.
Supreme People’s Court president Zhou Qiang
was also a member of the team.
Zeng Chengjie’s final note was circulated on the Internet.
It stated that Jishou municipal government had
organized the arrest of 22 private business owners.
It accused the authorities were on top of the law.
He foresaw the injustice.
Wang Shaoguang said that this letter was personally
handed to him by Zeng Chengjie.
The Supreme Court approved the death penalty on June 14
without informing the families or lawyers.
The family did not get to see Zeng before or
after his execution. The family only received his ashes.
According to the Chinese Law, both the criminal and the family
should be consulted for one last meeting prior to execution.
Up to date, Zeng Chengjie’s lawyer has not received
the death penalty approval order from the court.
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本文标签：
中共,
党,
周强,
张春贤,
律师,
政府,
政治,
政治局委员,
新唐人,
最高法院,
最高法院院长,
法律
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