Since the establishment of Beijing Kexing Biological Products Co., Ltd. (hereinafter referred to as Beijing Kexing Biological Products) 200 1, its general manager Yin Xb has paid bribes to the director of the Biological Products Division of the Drug Registration Department of the State Drug Administration and the director of the Biological Products Division of the National Drug Registration Department to help the drug declaration and approval, and paid a total of 550,000 yuan to the couple.
In the daily operation and sales of the company, its salesmen also paid bribes to the relevant heads of health bureaus, hospitals, disease control centers and even hospital head nurses all over the country to expand their business, and each vaccine gave a 2-5 yuan commission, which led to the dismissal of many officials.
Lawyer verified 18 Beijing Kexing's bribery judgment. But online judgment is only a part, especially in recent years, criminal judgments are less and less online. What percentage of bribery cases were actually caught?
Beijing Higher People's Court (20 17) Criminal RulingNo. 15.
Appellant (defendant in the original trial) Yin Hongzhang, male, aged 59. From 2002 to 2065438+05, he served as director of the Biological Products Division of the Drug Registration Department of the State Drug Administration, director of the Biological Products Division of the Drug Registration Department of the State Food and Drug Administration of the United States, and deputy director of the Drug Evaluation Center.
It was found through trial that:
5. from 2002 to 20 14, the defendant took advantage of his position as the director of the biological products division of the drug registration department of the state drug administration and the director of the biological products division of the national drug registration department, and accepted the entrustment of Yin× b, the general manager of Beijing Kexing Biological Products Co., Ltd., to provide assistance for the company's drug declaration and approval, and illegally accepted RMB200,000 from Yin× b alone.
Defendant's statement: I met Yin X B around 1995. Because of my working relationship, I often have meetings together, so I am familiar with it. In 2000, Yin X B established Beijing Kexing Biological Products Co., Ltd. In 2002, after he was transferred to the Director of Biological Products Division of Drug Registration Department, Yin X B's company applied for hepatitis A vaccine, SARS vaccine, avian influenza vaccine, hand-foot-mouth disease vaccine, influenza A vaccine and other projects. In order to get care in drug approval, Yin X B has always had economic contacts with him.
In 2002, he mentioned to Yin X B that he wanted to buy a car. Yin X B gave him 65,438+10,000 yuan in cash and gave it to Guo X A for safekeeping after returning home.
In the first half of 2006, before the renovation of the house in Guangquan Community, Yin X B gave him an envelope containing 50,000 yuan in cash when he and Guo X A visited the newly renovated residence of Yin X B, and gave it directly to Guo X A ... In the same year, after the renovation of his house was completed, Yin X B was invited as a guest, and Yin X B gave him 65,438+10,000 yuan in cash, which he gave to Guo X A for safekeeping.
20 1 1 During her purchase of the villa with small property rights, she asked Yin X B for 300,000 yuan in the name of loan. At that time, her family had money, but it was kept by Guo X A. She didn't want to use it, so she asked her to find a way, so she asked Yin X B for 300,000. Yin X B signed a loan agreement with another person Guo X A found through another person, and Guo X A got the sum of 300,000 yuan.
Yin X B gave him money because he used his authority as the director of the Biological Products Division and the deputy director of the Drug Evaluation Center to help his company to carry out drug approval, which really helped his company advance the approval process.
2. The testimony of witness Yin× B proves that she met with at 1995. The vaccine produced by Beijing Kexing Biological Products Co., Ltd. belongs to biological products, and Yin Hongzhang has always been the leader of the US Food and Drug Administration in charge of the approval of biological products, so he has many contacts with Yin Hongzhang. One of them gave Yin Hongzhang 550,000 yuan.
When Zhang Gang was the director of biological products department in Yin Hong, he mentioned that he wanted to buy a car. He felt that he should express it, so he took 654.38 million yuan in cash from home and gave it to Yin Hongzhang. In 2006, his house had just been renovated. Yin Hongzhang and Guo Xjia visited his house, and he gave or Guo Xjia 50,000 yuan in cash.
In the same year, after Yin Hongzhang's house was renovated, he was invited to be a guest at home. He prepared 654.38 million yuan in cash for Yin Hongzhang as a housewarming gift. All the above funds are reimbursed by the financial department. One day on 20 1 1, Yin Hongzhang told him that he wanted to buy a house in Huairou and borrow 300,000 yuan from him.
Because Yin Hongzhang was the deputy director of the Drug Evaluation Center at that time, he had a supervisory relationship with his company, so he had to agree to borrow money from him. He also knew that although Yin Hongzhang borrowed money verbally, he actually asked for money. Fearing that there would be trouble in sending money, he and his wife Chen X discussed how to avoid trouble without hurting their face. Finally, it was agreed that Liu X B would lend Guo X A 300,000 yuan and sign a loan agreement. The reason why it sent money to Yin Hongzhang was to let Yin Hongzhang take care of its company in drug approval.
5. Evidence such as business license and employment certificate prove that Yin has been the general manager of Beijing Kexing Biological Products Co., Ltd. since 200 1 and Yin is the legal representative of Tangshan Yi 'an Biological Engineering Co., Ltd.
6. Evidence such as the drug registration approval of the US Food and Drug Administration and the drug clinical trial approval prove that in April 20 10, Kexing (Dalian) Vaccine Technology Co., Ltd. applied for the domestic registration of live attenuated mumps vaccine injection, and Yin Hongzhang issued the comprehensive evaluation opinions of the Drug Evaluation Center in February 20 10 and 16.
In May, 2009, Beijing Kexing Biological Products Co., Ltd. applied for the registration of the new drug of split vaccine injection of epidemic influenza virus, and Yin Hongzhang issued a comprehensive evaluation opinion on the drug on April 27th, 20 1 19. The drug was approved by the state reserve on February 27th, 20119.
20 1 1, Kexing (Dalian) Vaccine Technology Co., Ltd. applied for the registration of a new drug of live attenuated rubella vaccine (human diploid cells) injection, and Yin Hongzhang issued a comprehensive evaluation opinion on the drug on 20 14 12.29, and the drug was released on 2014/kloc.
The verdict is as follows:
1. Defendant Yin Hongzhang was convicted of accepting bribes, sentenced to 10 years' imprisonment and fined 500,000 yuan.
2. The RMB 3.382 million involved and the ivory 1 root seized shall be confiscated according to law.
Examples of local cases
Xiashan district People's Court, Zhanjiang City, Guangdong Province (20 17) No.3 1 5, Guangdong Province-It was found through trial that since 2008, the defendant Yang1has been working as XXX in X People's Hospital of Zhanjiang City, mainly responsible for the prevention and treatment of infectious diseases, health education, publicity and the overall work of vaccination clinic (comprehensive vaccination clinic). During the period, Yang 1 agreed that head nurse Liang 4 illegally accepted vaccine kickbacks from salesmen Yang 2 and Pan 2, totaling RMB120,365,438+064.
Chikan District People's Court, Zhanjiang City, Guangdong Province (20 17) Guangdong 0802 Chu Zi No.20 1 criminal judgment-Defendant Yang Junwei, male,/KLOC-0, born on April 7, 1980, senior sales representative of Han nationality ... Beijing Kexing Biological Products Co., Ltd. (hereinafter referred to as Kexing Company). It was found through trial that during his tenure as the senior sales representative of Kexing Company, the defendant Yang Junwei took advantage of business convenience to give benefits to relevant personnel1416,000 yuan in order to promote and expand the vaccine sales of Kexing Company in Zhanjiang.
Criminal judgment, No.468, People's Court of Lizhou District, Guangyuan City, Sichuan Province —— Defendant Sam Sion, male, 1974, born on February 20th, university culture, was formerly the deputy director of the Health and Family Planning Bureau of Chaotian District, Guangyuan City.
It was found through trial that during the period from 2009 to 20 14, the defendant Sam Sion took advantage of his position to receive vaccine sales kickbacks from Zhong Moumou, a vaccine salesman of Beijing Kexing Biological Products Co., Ltd., during his tenure as the deputy director (presiding) and director of Chaotian District CDC, with a total amount of RMB 1063000.
3 ..... 20 1 1 May and June, Chaotian CDC purchased 9885 hepatitis A and B combined vaccines from Zhong Moumou of Beijing Kexing Biological Products Co., Ltd. Before the Mid-Autumn Festival, the defendant Sam Sion received a rebate of RMB 50,000 from Zhong Moumou, a salesman of Beijing Kexing Company. 20 1 1 Defendant Sam Sion * * * received a vaccine rebate of RMB185,000 yuan.
3. Zhong Moumou's testimony confirmed that this fact is consistent with the relevant facts alleged in the indictment. It was confirmed that in May and June of 20 1 1, Chaotian CDC purchased 9885 hepatitis A and B combined vaccines from Zhong Moumou of Beijing Kexing Biological Products Co., Ltd. and gave them to the defendant before the Mid-Autumn Festival of 201/.
Cao Moumou, senior manager of Beijing Kexing Bio-government, died at the age of 45. He graduated from the US Centers for Disease Control with a doctorate in epidemiology and health statistics.
An online article once traced the equity of Kexing Bio with an enterprise survey, revealing that the ultimate beneficiary of China's vaccination was Japanese Softbank (see screenshot 1).
Through the complicated ownership relationship, China Biopharmaceutical, the second shareholder of vaccine manufacturer Kexing Zhongwei and the actual controller of Lingjun in Hong Kong, is very strange. The company was registered at this critical moment in June 2020, playing the role of the state (see screenshot 2). The five major shareholders are all foreign investors such as French capital. The investment is so precise that it is in sharp contrast with the state-owned assets!
Turning the serious problem of serving the national economy and people's livelihood into a capital player, state-owned assets are generally absent. When the people of the whole country unite to fight the epidemic, it is useless for state-owned investment to let international private capital pick peaches from the socialist tree in China. At least it is a vegetarian, right?
Many people still remember the 20 18 Changchun longevity vaccine case. The State Administration of Pharmaceutical Products and the US Food and Drug Administration of Jilin Province imposed administrative penalties on Changchun Changsheng for illegally producing rabies vaccine according to law. The administrative penalty decision stated that Changchun Changsheng Company had eight illegal facts.
According to the relevant provisions on the jurisdiction of administrative punishment, the State Administration of Pharmaceutical Products and the American Food and Drug Administration of Jilin Province respectively imposed a number of administrative penalties on Changchun Changsheng Company. The State Medical and Drug Administration revoked the drug approval certificate of rabies vaccine (national drug standard) of Changchun Changsheng Company; The certificate issued by the batch of biological products involved in the case was revoked, and a fine of 6.5438+0.203 million yuan was imposed.
Jilin US Food and Drug Administration revoked its drug production license; Confiscation of illegally produced vaccines and illegal income of 65.438+89 billion yuan, confiscation of illegally produced and sold goods of 726.5438+0 billion yuan, and total fines and confiscations of 96.5438+0 billion yuan; In addition, the 14 directly responsible persons in charge and other directly responsible personnel involved in the case were given administrative sanctions not to engage in pharmaceutical production and business activities according to law. Suspected of committing a crime, criminal responsibility shall be investigated by judicial organs according to law.