China: 京都瞿丽红律师团队助工商银行新疆分行获三亿赔偿,为百亿金融大案仓

Last Updated: 7 October 2019
Article by King & Capital Law Firm

京都瞿丽红律师团队助工商银行新疆分行获三亿赔偿,为百亿金融大案仓单全赔首例

在涉案金额高达数百亿元的系列金融大案中,在汇丰、花旗、渣打及其他十数家国字头银行纷纷败诉、折戟沉沙的背景下,经京都律师事务所瞿丽红律师组织牵头,由周兴月律师、肖永成律师、张小峰律师、潘辛律师等组成精英团队,代理的中国工商银行新疆分行最终胜诉,并全额获得仓单监管人青岛港集团支付三亿元巨额赔偿款,成为这一金融大案中极少数成功获得全额赔偿的个例。

数百亿金融大案风波始末

2014年,金融圈很少有人不知道陈基鸿和他的德正系众多公司,这个在2010年成功入选福布斯中国富豪榜的寒门子弟在2014年再次震惊了中国金融圈,但这次是以相反的方式,以巨额骗贷、合同诈骗的嫌疑人的身份重新站上了风口浪尖。

随着2014年4月青海省原常委毛小兵的落马,曾经向毛小兵行贿800余万元的陈基鸿和他的德正系69家公司的信用证诈骗、合同诈骗系列大案被引爆。经查明,自2012年11月至2014年5月,在"德正系公司"明显不具备还款及履行合同能力的情况下,陈基鸿及其同案人通过多种手段,先后骗取多家公司120多亿元巨额资金,并通过重复质押货权凭证、或直接伪造青岛港集团下属大港分公司仓单类货权凭证进行质押等方式,先后骗取13家银行贷款、信用证、承兑汇票等共计36亿余元资金。此外,汇丰、荷兰银行、渣打、花旗、南非标准银行等多家知名外资银行向德正系公司的相关贷款总额总计也近10多亿美元。

受青岛港爆发的此次融资骗贷丑闻影响,银行对金属质押融资贷款的需求减弱,多家知名外资银行部分或全部的抛弃了旗下的当地商品交易部门。随着该案调查,以及银行减少进口金属相关贷款,2014年6月中国的精炼铜进口量同比下滑8%,创当时13个月最低水平。

众多银行在向仓单监管人索赔程序中折戟沉沙

陈基鸿和德正系公司的骗贷大案引爆后,众多在该案中作为受害人的知名外资、国字头银行第一反应是尽快止损,然而经办案机关采取查封、冻结等程序,犯罪嫌疑人陈基鸿和德正系公司的查封冻结财产远不足以全额清偿全部受害人的损失,资金缺口巨大。此种背景下,受害人能否行使抵押、质押等担保权利成为众受害银行能否弥补自身巨额损失的关键所在。

有鉴于此,众多受害银行纷纷对包括青岛港集团、大港分公司在内的货物保管人提起民事诉讼,希冀通过追究其作为仓单出具人、货物监管人的违约责任,实现担保权利,最终弥补自身损失。然而因为民事诉讼与刑事案件密切相关,且案情错综复杂等多种原因,最终众多银行纷纷败诉、折戟沉沙。

五年披荆斩棘,终获全面胜诉

在多家知名外资银行、其他国字头银行纷纷败诉的背景下,京都律师事务所瞿丽红律师牵头,由周兴月律师、肖永成律师、张小峰律师、潘辛律师等组成精英团队,接受中国工商银行新疆分行委托,毅然向青岛港集团、大港分公司提起诉讼,追究其作为仓单监管人的违约责任。

案件难度巨大、阻力重重,其中涉及刑事责任、协议效力部分的难关更是曾让多家知名外资银行、国字头银行饮恨败诉。但团队律师精诚合作,深层研究案件争议焦点,围绕《仓单质押监管协议》效力、有偿委托监管合同关系、仓单出具行为效力、委托人穷尽法律手段认定、未实现债权认定、"德正系"公司偿债能力认定、《ICC跟单信用证统一惯例(UCP600)》规则等案件核心争议,与委托人反复研讨,深挖、调研、组织证据,形成完整证据链条,通过无数次专家论证,构建最优选诉讼策略,与被告方激烈交锋、寸土必争。

五年披荆斩棘,团队经历新疆高院管辖异议一审胜诉、最高院管辖异议二审胜诉、新疆高院一审胜诉、最高院二审发回重审、新疆高院重审一审胜诉等一波三折,通过不懈努力,最终由最高院二审终审维持原判,我方获得全面胜诉!目前青岛港集团及大港分公司已经遵照判决,全额向工行新疆分行支付了近三亿元赔偿款,并全额承担案件受理费150余万元。委托人工行新疆分行成为在该起数百亿金融大案中,对仓单监管人提起诉讼的众多受害银行里,仅有的获得全面胜诉的赢家!

京都律师们通过实际行动践行执业理念,无论艰难险阻,必砥砺前行,维护委托人的合法权利。

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