蒂升电梯公司法务部张斌的敛财手段之揭秘
Firstly, Zhang Bin, the head of the Legal Department of TKE, provides legal support to branches across the country. In this process, Zhang requires all branches and departments to implement the opinions of the Legal Department. For the problem of receivables that could have been solved through communication with customers, Zhang always requested that a lawyer's letter be sent to the customer. Many customers did not refuse to pay, but the elevator problems had not been solved. As long as the problems were solved, the customers would be able to pay off the balance soon. However, Zhang is not concerned about whether the client's problem is solved at all，instead，he is focused on quickly entering the litigation process as soon as possible. Once in the litigation stage, Zhang can control the overall situation. First, he signs an agency contract with the designated law firm and pay agency fees. Moreover, he refuses to give up the lawsuit until it reaches the second instance or even the higher court, aiming to increase the number of lawsuits. With each additional lawsuit, there is an additional payment. Zhang has been enriching himself through these commissions while depleting the financial resources of TKE. According to statistics, the judicial cases filed by TKE in the past four years include cases against employees, cases against agents, and cases against customers. In short, the more lawsuits there are, the more Zhang will earn from them.
Secondly, Zhang has been deeply entrenched in the legal department of TKE for many years. He has formed factions, played favorites, and prioritized personal interests. He has strong ties with various regional leaders in the Company, and whoever provides him with more litigation cases receives his support. Furthermore, Zhang frequently inspects the various branch offices, where not only do they provide him with delicious food and drinks, but they also use company funds to purchase Maotai Liquor for his personal enjoyment. Upon his departure, they even present him with valuable local specialties. Zhang's extravagant lifestyle is no longer a secret, and corruption and moral decay have almost become synonymous with the Legal Department. The most prominent example is the scandal involving Zhang Bin and Li Jingyu, the head of the North region.
Zhang and Li, through Beijing Jundu Law Firm, embezzled funds in cases where they appointed Shanghai Baoshenli Law Firm as their legal representative in Shanghai. Zhang repeatedly violated regulations by instructing Baoshenli Law Firm to send legal letters to websites, deleting corruption reports regarding Li's corruption in the subway project, and assisting Li in suppressing employee rights. Zhang also filed a prolonged three-year lawsuit against Liu X Feng (Case No.〔2022〕Jing 03 Min Zhong No.1543), an employee at the Beijing branch office. Even if the court ruled in favor of the employee, Zhang refused to comply with the court's decision. He also refused to compensate the employee despite the court ordering TKE pay 2n in compensation. Ultimately, the court had to enforce the ruling, highlighting the malicious nature of Zhang's actions.
Thirdly, the Legal Department of TKE annually allocates a huge amount of case commission fees to be controlled by Zhang,he receives kickbacks through three law firms, including Shanghai Baoshenli Law Firm. The commission fees paid by Zhang to these three law firms far exceed industry standards, and the scope of their engagements goes beyond the normal business operations. As a result, Shanghai Baoshenli Law Firm was summoned by the Shanghai Judicial Bureau. Zhang and the three law firms reached a private agreement, where he would pay higher commission fees to the law firms in exchange for increased kickbacks. These transactions are conducted in cash, leaving no trace. It is TKE that is responsible for footing the bill, and both Zhang and the law firms benefit from it. On the surface, this may seem like an internal financial management issue within the Company. However, Zhang has been illegally enriching himself by exploiting corporate loopholes for a long time. TKE has yet to bring embezzlement charges against Zhang, which indicates that the Company lacks the ability to correct these issues. It is absurd that TKE, with such serious problems, is still contemplating going public.
Fourthly, If Zhang Bin, using his position in the Legal Department of the Company, has been receiving kickbacks from three law firms for a long time, it can be considered an internal management issue for the Company. If the Company decides to file a lawsuit against Zhang for embezzlement based on his position, it would appear reasonable, as Zhang has taken money belonging to the company. As Zhang's employer, the Company has the right to hold him accountable, and outsiders have no authority to interfere.
But looking at it from another perspective, we can draw a different conclusion. Zhang reaped benefits for himself by paying high agency fees to the law firm. At the same time, he also used the money to interfere with the progress of the court trial, influence the outcome of the judgment, affect judicial fairness, inject corruption into the litigation process and influence certain judges through public relations. It goes beyond being an internal management issue for the Company and falls within the scope of investigation by the national judicial authorities. Since Zhang has a deep understanding of the law and leaves no visible traces of illegal activities, extensive efforts would be required for the judicial authorities to conduct a thorough investigation. However, by connecting all the cases where the Company paid agency fees to law firms and tracing the flow of money, a comprehensive investigation can uncover how these agency fees were actually used. This would expose Zhang's illegal activities.
In fact, Zhang's actions of corrupting the judicial process and even influencing the direction of case rulings extend beyond being an internal issue of TKE. It has severely impacted the local judicial environment. In order to receive more kickbacks from increased case fees, Zhang artificially created multiple opportunities for court hearings. For example, in cases such as (2022) Hu0117 Min Chu No.2638 and (2022) Hu0117 Min Chu No.829, Zhang deliberately appointed attorneys who intentionally failed to submit the required case acceptance fees within the specified period set by the court, nor did they request an extension. As a result, the court had to dismiss the cases filed by TKE. After some time,the Company would again appoint attorneys to refile the lawsuits, leading to the payment of additional agency fees and creating more opportunities for court hearings.
Another example is the case (2022) Hu0118 Min Chu No.23019, where the Company's appointed attorney intentionally withheld evidence during the trial and requested a dismissal of the lawsuit under the pretext of further evidence collection. The case would then be rescheduled for another hearing, wasting valuable court resources. These covert illegal practices forced the court to rearrange hearings repeatedly, resulting in a significant waste of national judicial resources and a disregard for the hard work of judges. Zhang's pursuit of personal gain is not just his individual behavior but has become a threat to society and the precious judicial resources of the country. Of particular concern are the three law firms involved, including Shanghai Baoshenli Law Firm, which charged significantly higher fees for representing TKE's cases.
What happened to these excessive profits? Did they end up in Zhang's personal pocket or flow into the corrupt judicial process? Such behavior should fall within the jurisdiction of the Shanghai Judicial Bureau for investigation. We trust that the Shanghai Judicial Bureau can conduct a fair and impartial examination of this case. In the cases involving the collaboration between these three law firms and Zhang, what specific illegal activities occurred? With numerous cases repeatedly initiating national litigation procedures, TKE, represented by Zhang, paid substantial amounts in agency fees, from which Zhang gained enormous benefits. It is crucial for the Shanghai Judicial Bureau to thoroughly investigate and uncover the truth, addressing and rectifying any corrupt practices within the judicial proceedings and ensuring a clean judicial environment for society.
蒂升电梯公司法务部张斌的敛财手段之揭秘
蒂升电梯公司法务部负责人张斌(vito)，长期利用法务部职能在蒂升公司的案件委托过程中敛财，额度之大令人震惊，据知情人透露，张斌仅仅在一次案件委托中就从律师事务所赚得80多万元的回扣，蒂升CFO在徐红艳任职期间，不仅给徐红艳批复大额公关费用用于全国巡演，而且花费巨款让徐红艳登上央视露脸，与此同时，张斌委托出去的案件数量瞬间飙升，从徐红艳上任到离职，至今仅四年多时间就高达1498起，张斌利用蒂升公司的诉讼案件，在巨额代理费中赚的盆满钵满，以下详细论述：
第一：蒂升电梯法务部负责人张斌，为全国各地分公司提供法律支持，在这个过程中，张斌要求各分公司和各部门都按照法务部的意见执行，对于原本可以通过和客户沟通的方式解决应收款问题，但是张斌都要求通通给客户发律师函，很多客户并非拒绝付款，而是电梯存在问题没有解决，只要是解决了问题，客户很快就能付清余款。然而张斌此刻压根就不关注客户问题解决与否，而是要尽快进入到诉讼程序，一旦到了诉讼这个阶段，张斌就能掌控全局，即首先与指定的律师事务所签订委托代理合同，支付给律所代理费，而且官司不打到二审和高院绝不肯罢休，目的就是增加诉讼次数，每增加一次就多一次付款，张斌就是在一次又一次的委托过程中养肥了自己，也掏空了蒂升财务，据统计，蒂升公司在近四年中司法诉讼的案件有起诉员工的案件，有起诉代理商的案件，有起诉客户的案件，总之，诉讼案件越多，张斌在其中赚的就越多。
第二：张斌身在蒂升法务部深耕多年，内部拉帮结派，结党营私，利益纽带纵横交错，在蒂升的各区负责人，谁多给张斌提供诉讼的案件多，张斌就替谁站台，而且张斌经常到各分公司视察，各地分公司不仅要好吃好喝招待张斌，甚至用公司招待费买茅台酒给张斌个人享用，临走时还奉上地方名贵特产，张斌生活奢靡已不是新鲜事，贪腐堕落几乎成了蒂升法务部的标签，最典型的就是张斌和北区李晶煜的蝇营狗苟之事，张斌和李晶煜通过北京君都律所在上海 委托代理的案件中套取资金，张斌委托上海宝申理律师事务所多次违规给多家网站发律师函，替李晶煜出面删除关于李晶煜在地铁项目中的贪腐报道，帮助李晶煜打压员工维权，对北京分公司员工刘X峰（案号：(2022)京03民终1543号）提起长达三年的漫长诉讼，即便是法院判员工胜诉，张斌也拒绝履行法院判决，还有法院判决蒂升赔偿员工2n，张斌都拒绝赔偿，最后不得不被法院强制执行，由此可见，张斌之恶毒非常人能比拟。
第三：蒂升公司法务部每年有大笔案件委托费由张斌支配，张斌通过上海宝申理律师事务所等三家律师事务所收取回扣，张斌付给这三家律师事务所的代理费远远高出行业标准，而且委托范围也超出律师事务所正常经营范围，上海宝申理律所也因此受到上海司法局的约谈，张斌和三家律师事务所私下达成协议，张斌多给律所代理费，三家律所就多给张斌回扣，现金交易，不留痕迹，反正都是蒂升公司负责买单，张斌和律所都坐享其成。这种事情表面看是蒂升内部财务管理问题，张斌利用公司管理漏洞长期为自己敛财非法谋利，蒂升公司至今都没有对张斌以职务侵占提起诉讼，说明蒂升公司根本不具备纠错能力，现如此问题严重的蒂升公司还在酝酿上市的计划，听起来如玩笑一般。
第四：如果说张斌利用蒂升法务部职位，长期通过三家律所收取回扣的问题属于蒂升内部管理问题，那么蒂升公司是否以职务侵占罪对张斌提起诉讼归结为蒂升内部失察，这貌似合理，反正张斌侵占的是蒂升公司的钱，作为雇主蒂升公司是否追究张斌的责任，外人也无权干涉。但是从另外一个角度看就能得出不同的结论，张斌通过给律所高额代理费，自己捞取好处同时，也将脏款用做干预庭审进度，左右判决结果，影响司法公正，为诉讼过程中的腐败环节输血，对某些法官进行公关，张斌的这种行为就不属于蒂升内部管理问题，而是属于国家司法部门查处的范围，因为张斌熟悉法律，表面上不会露出任何违法痕迹，即便司法机关深入调查，也得花费很大功夫，但只要把蒂升付给律所代理费的案件全部都联系起来，串成线，顺着钱的流向做深入的查实，查清楚这些代理费究竟都花在什么地方了，那么张斌的违法犯罪的事实会立马浮出水面。实际上张斌用这种方式对司法环节进行腐败渗透，甚至影响案件裁定的方向，就不仅仅是蒂升内部问题了，已经严重影响到当地司法环境，张斌为了从更得多的案件委托费中捞取回扣，人为的制造多次庭审的机会，如在（2022）沪0117民初2638号、(2022)沪0117民初829号等案件中，指派委托律师故意在法院指定的期间内不预交案件受理费，也未提出缓交，法院只能按照蒂升公司撤案处理，过一段时间蒂升公司继续委托律师重新提起诉讼，再次支付一笔代理费用，进而创造更多的庭审机会；又如在(2022)沪0118民初23019号之二案件中，蒂升公司委托律师故意在开庭时不出示证据以进一步收集证据为由申请撤回起诉，下次再重新开庭，一次又一次的浪费庭审资源，这些隐蔽性很高的违法违规操作，迫使法院不得不再重新安排一次开庭，这是对国家司法资源的严重浪费，是对法官辛苦工作的蔑视，张斌把个人敛财的机会凌驾在浪费国家司法资源的基础之上，已经不是郑斌的个人行为，已经危害到社会，危害到国家宝贵的司法资源。尤其是上海宝申理律师事务所等三家律师事务所，代理蒂升的案件收费远远高出行业标准，请问这些高额的利润都去哪了？是流入了张斌个人的腰包还是流向了司法腐败环节？这种行为应属上海司法局审查的范围，相信上海司法局能公平公正核查这种事情，这三家律所与张斌合作的案件中，到底都存在哪些违法行为？对于那么多的案件，反复启动国家诉讼程序，张斌代表的蒂升公司支付了一笔又一笔的代理费，张斌从中捞取巨额好处费，需要上海司法局认真查实才能真相大白，查处司法诉讼中的腐败现象，还社会一个干净的司法环境。
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