Nuclear Titanium Dioxide Was "Manipulated" &Nbsp; 18 Shareholders Were Finally Prosecuted.
It is reported that 18 shareholders have complained about Wenshui, Liu Yanze and others.
ST titanium dioxide
[10.45 3.16% share bar]002145) the civil compensation case for stock prices was filed on the court of the second intermediate people's court in Beijing recently.
It is reported that the total amount of Appeals in the above cases is about 1 million 354 thousand yuan.
Song Yixin, lawyer of Shanghai new Wang Da Da law firm and lawyer Xue Hongzeng of Hebei Gong Cheng Law Company jointly accepted the case.
As early as the beginning of July 2009, lawyer Song Yixin presented two cases to the second middle court of Beijing, becoming the first case in China's stock market to handle the civil compensation case of stock price manipulation.
In September 2010, lawyer Song Yixin presented 12 cases to Beijing second middle court again.
At the end of March 2011 and early April, Song Yixin and Xue Hongzeng lawyers presented 4 cases in Beijing second middle court.
Cheng Wenshui, Liu Yanze and other suspected manipulation
April 16, 2009, China
SFC
Cheng Wenshui and Liu Yanze decided to make administrative penalty on the basis of their behavior of controlling the price of nuclear titanium dioxide.
The facts identified by the China Securities Regulatory Commission are as follows: Cheng Wenshui and Liu Yanze, as the actual controllers, actually control the five companies of Beijing Jiali Kowloon mall, Tianjin Liansheng Weiye Technology Development Co., Ltd., Xi'an Hao Tuo Trade Co., Ltd., Gansu Xin Qin long Cci Capital Ltd, Hainan Tai Hao Trading Co., Ltd. and through the stock account established by the five companies, the paction involved in controlling the price of nuclear titanium dioxide.
Hebei Xia Chenglong zipper limited has lent its business license to Cheng Wenshui and Liu Yanze to handle securities accounts, and the individuals ordered by Cheng Wenshui and Liu Yanze carried out stock trading activities involving the price of nuclear titanium dioxide.
Therefore, during the period from September 10, 2008 to September 12th, Cheng Wenshui and Liu Yanze manipulated and influenced the trading price and trading volume of the nuclear titanium dioxide trading stocks by means of continuous trading and buying and selling stocks in their own actual account groups.
According to statistics, in the pactions between September 10, 2008 and September 12th, the book income of the account group in the nuclear titanium dioxide stock was -580.65 million yuan.
Therefore, the China Securities Regulatory Commission finds that the above acts of Cheng Wenshui and Liu Yanze are in violation of the seventy-seventh article of the securities law, "prohibiting any person to manipulate the securities market by means of any of the following means: (1) manipulating the price of securities trading or the volume of securities trading by collusion alone, concentrating capital advantages, holding shares or using information superiority or continuous trading."
(three) the provision of securities pactions between the actual control accounts and the trading prices of securities or the volume of securities pactions constitutes a violation of the "manipulation of the securities market" mentioned in the 203rd article of the securities law.
Therefore, according to the 203rd provision of the securities law, the CSRC decided to impose a fine of 3 million yuan on Cheng Wenshui and impose a fine of 2 million yuan on Liu Yanze.
Cheng Wenshui and Liu Yanze did not mention administrative reconsideration and administrative litigation on the decision of the CSRC.
The CSRC's illegal activities against Cheng Wenshui and Liu Yanze have not been pferred to the public security organs for criminal investigation, so there is no criminal procedure either sentenced or pending.
The limitation of action expires on Saturday.
According to the speech of Xi Xiaoming, vice president of the Supreme People's Court on from May 30 to 31, 2007 at the national civil and commercial trial Conference (Nanjing Conference), the revised Securities Law has clearly stipulated the tort liability for insider trading and market manipulation.
Song Yixin lawyer said that for the civil action brought by the investor to the infringer, the court should confirm the case acceptance according to the provisions of the prejudicial procedure of the judicial interpretation of the false statement, and determine the jurisdiction according to the provisions of the relevant jurisdiction.
Therefore, during the manipulation of stock prices by Cheng Wenshui and Liu Yanze, the relevant investors were infringed upon and led to investment losses, all of them could be prosecuted according to law, requiring the two party to bear civil liability for infringement and to compensate for investment losses.
At the same time, the relevant 6 companies may be required to undertake corresponding joint and several liability.
The scope of investment losses can include loss of investment balance, stamp duty, commission and interest.
It is worth mentioning that Cheng Wenshui and Liu Yanze used 6 company account groups to control nuclear titanium dioxide.
shares
Shortly after the price, the company issued the announcement of abnormal fluctuation of stock prices in September 17, 2008, and concluded that the closing price deviation value accumulated more than 20% in 3 consecutive trading days in September 11, 2008, September 12th and September 16th.
According to the relevant provisions of the trading rules of the Shenzhen stock exchange, it belongs to abnormal fluctuations in stock pactions. This announcement has attracted the attention of investors in China.
After that, the volume of shares is rapidly enlarged. "For this date, it can be considered as the manipulation day of stock price manipulation in the civil compensation case.
The base date for the corresponding investment margin loss is October 6, 2008. "
Lawyer Xue Hongzeng said.
It is understood that in early June 2009, Song Yixin lawyer and Xue Hongzeng lawyer jointly solicited the principal agent for the rights and interests of the nuclear titanium dioxide investors, and thought that the investors who met the prosecution conditions in the manipulation of the company's share price civil compensation lawsuit were investors who bought or held shares and lost money between September 10, 2008 and 16.
"These investors, as plaintiffs, should be good investors in reverse pactions at the same time.
However, due to the expiration of the case on Saturday, which expires on April 16th, the collection of the principal agent for the case has ended.
Two at the same time, the lawyer said, "no new proxy application will be accepted in the future."
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