On the construction of a large deposit cheated case prevention and control system of commercial banks

On the construction of a large deposit cheated case prevention and control system of commercial banks

ZhangIn theChen

(in 2010 09 months 10 days)

MeshRecord

A preface

One, face deceived bank case

(a) more money in prone to fraud cases

(two) everyone has the possibility of crime

(three) features a large deposit cheated case

Two, to play the function of anti money laundering

(a) use of anti money laundering and case relation

(two) the case prevention from the source strict account

(three) insist on the implementation of anti money laundering measures

Three, to strengthen the comprehensive management of deposit

(a) to strengthen the deposit into the bank management

(two) pay attention to the management of the deposit business

(three) to strengthen the deposit outflow of bank management

Four, to guard against the risk of employee fraud

(a) to establish a correct concept of human resources

(two) to explore the prevention and control measures of employee fraud

(three) especially wary of the employee

Five, bank enterprise linkage control case

(a) understanding of deposit form of debit and credit

(two) to guard against malicious deposit risk

(three) the bank deposit being linkage control

Six, severely crack down on illegal financing

(a) large deposits have substantial case

(two) opened a deposit fraud veil

(three) national legislation to punish money brokers

Seven, the case against the establishment of

(a) the system to prevent human weaknesses

(two) design case control points

(three) to improve the execution of the system

Eight, relying on scientific and technological control case

(a) the use of science and technology against external fraud

(two) the use of science and technology of prevention and control of internal fraud

(three) as soon as possible the implementation of the law case preventing repair technology

Nine, compliance steady management

(a) must adhere to the law compliance management

(two) to strengthen legal education to promote the case prevention

(three) a good case against cultural atmosphere

Ten, establish a scientific view of the case prevention

(a) adhere to the scientific concept of development of the business

(two) draw lessons of steady development case

(three) multi linkage common case prevention and control

A conclusion

A preface

In recent years, commercial bank certificates of deposit cheated cases occur frequently, as a highly destructive gas bomb after the explosion of smoke hung over the banking industry, become the lingering haze. What is the hardest thing for bankers? It is "don't know what happens in the case" what links. As a Chinese banking practitioners, especially legal and compliance staff have to ponder prevention cases. This paper from the "face deceived bank case, play the anti money laundering function, strengthen management, employee fraud risk prevention of deposit, bank enterprise linkage control cases, severely crack down on illegal financing, the case against the ten aspects of the establishment of the case prevention and control, rely on science and technology, compliance steady management, establish the scientific case preventing view" and so, on "how to build a large deposit cheated case prevention and control system of commercial banks" problem, thinking superficially, to express the author concerns prevention work on Chinese banking case.

One, face deceived bank case

(a) more money in prone to fraud cases

In 1924 the British mountaineering team member George Mallory was not discouraged and to the northern slope of Mount Everest, some comrades retreat, but he still insisted on, like a pilgrim pious. When American New York Times team reporter asked why he would also like to climb Mount Everest, he is very impatient. As soon as possible in order to send a reporter, he did not hesitate to say: "Because it is there!" Although Mallory had answered a perfunctory reporter meaning, but to create a mountaineering classic dictum "because it is there!" Why banks always criminals about the place? The money the most primitive truth is "the bank". As the Shanghai Municipal Public Security Bureau Corps economic leaders asserted: "economic crime is always the goal at financial institutions, never give up." Rich local natural there will be fraud, money much more vulnerable to fraud cases. Mr. Zhang Qu, former vice president of ICBC China words "wealth is not, the bank never will there be days of peace." Since the case is destined to happen, commercial banks have to face cheated cases, bravely face bleak life like Mr. Lu Xun's ", dare to face up to the dripping blood".

(two) everyone has the possibility of crime

From the China banking information, many criminals are not in the former is "bad", but is "the backbone of marketing", "person" or "governor", so that after the incident, we also wonder "how can such a good person crime", "how he can hurt us all staff?" It seems the case prevention, can not avoid the problem of good and evil of human nature. The famous physicist Stephen Hocking said: "the human gene with the genetic code of the selfish greed." British writer Joseph Conrad said: "the evil factors have attributed to supernatural is not necessary, men alone are quite capable of every wickedness." Engels said: "the man from the animal world this fact has decided people never get out of the beast, so the problem will always be in get rid of more or less, to differences in animal or human extent." British playwright Ben Jonsson said: "all the beasts of the wild is tantamount to the oak forest in." The author thinks, not everyone necessarily sinful, but everyone has the possibility of committing crime. "There are some people who, if not personally see it, we could not believe their evil deeds, but in fact it is not what we should get excited over a little thing." ("moral proverbs"). So, the bank internal "good man" crime is not strange. About an employee commits a crime, not only all staff follow unlucky, also affected the local regulatory agencies and their personnel problems, Mr. Mark Twin has long been said: "in all the animal, man is the only one that is cruel. They are the only animal will delight in the manufacture of pain." Just imagine, a potential offenders have lax supervision of money, what will be the result?

(three) features a large deposit cheated case

A large deposit fraud often has the following characteristics: 1, relates to the number of parties, gang crime, mainly banks and their employees, deposits of enterprises (investors, many state-owned and listing Corporation and its subsidiaries) and its employees, fraudsters (with investors, for companies and their control of the private enterprise owners and employees) (often including bank employee), money brokers, illegal seal engraving personnel; 2, criminal activity, is mainly used to lure investors high spreads several deposits of enterprises to open a bank account and steal account signature information, fraud molecules in various guises requires enterprises to deposit large amounts of money and agreed in a certain period of time is not money the signature information copied, stolen deposits of enterprises seal or directly using false chapter false seal will enterprise deposits divided strokes go; 3, the name of business, mainly using the bank name and deposits of enterprises signed agreement deposit agreement, trust management protocol; 4, capital import carrier, mainly through the bill, financial vouchers, credit vouchers payment certificate; 5, cheated the flow of funds, mainly by the investors to pay depositors high spreads, buy deposits of enterprises and banks Work, pay the money broker intermediary costs, debt, investment projects, for business, purchase a car etc. waste; 6, the key link, seal deposits of enterprises in opening or after being stolen and according to now making false chapter or account opening process is changing; 7, enterprise and bank deposit business history is not long, for the non bank long-term customers, even without the bank marketing initiative open settlement accounts, shorter time frequent and large sums; 8, deposit companies charge high interest and executive and financial personnel bribery, to whom and how to draw in the payment amount "know"; 9, the bank staff negligence or intentional committing illegal account procedures, to leave a signature card, providing blank voucher, no check out false chapter, intercept or change request, relax on the bill, acceptance of commissions and other activities; 10, criminals often don't "cheat is to escape". Understand the characteristics of crime, to an antidote against the disease prevention.

Two, to play the function of anti money laundering

(a) use of anti money laundering and case relation

Money laundering criminals to ensure that the proceeds of crime means, and is closely related to almost all financial fraud and criminal activities, is the procedure of derivative financial fraud crime "". Financial fraud is a criminal law amendment (six) model "upstream crimes" of the provisions of the crime of money laundering. Financial fraud crime of bills defraud crime and crime of financial certificate fraud is the main form of large deposits of fraud crime. The anti money laundering monitoring function, that is, from the source investigation and various upstream crime is associated with abnormal and suspicious transactions, timely find and truncated crime survival chain of funds, for the detection, control and tracking criminals hiding illegal income transfer and win the initiative. According to the "Anti Money Laundering Law", China's commercial banks shall establish and improve the client identity identification system, client ID information and transaction recording system, large and suspicious transactions reporting system, perform the obligation of anti money laundering. Therefore, the implementation of anti money laundering measures, not only conducive to the prevention and control of the case, and to cut off and cracking the case. With China's anti money laundering to comprehensive and in-depth development stage, the anti money laundering will be more effective prevention and combat including large deposit fraud, financial fraud and criminal activities.

(two) the case prevention from the source strict account

Based on the work of anti money laundering will "know your customer" as a financial institution against money laundering. The client identity identification to account management as the core is a key link of anti money laundering. I heard many times, offers a head office of governor of Chinese funded banks in Shanghai, could not resist a bank of Hongkong governor agreed to open an account, did not think of is the Bank of Hongkong review time race lasted more than two months. How many people can afford, entrepreneurs? It may seem strange but very scientific. Bank certificates of deposit fraud proved repeatedly, is the key to the case against the account. If the bank account deposit into the bank vault door, so enterprises in the bank deposit reserve the signature card is the key to open the door. Commercial Bank wholesale funding was often associated with signature card related case. Therefore, the prevention and control of deposit cheated case must seize the signature card the key weak link, from the source gatekeeper account. In order to prevent the "invite wolves into the house", the bank will "qingjunce", no not participate in deposit business account opening, an attendant to also be no good, less of a party is not a. Be sure to make clear to handle the business personnel and legal identity documents, to accurately identify the account status, especially the effectiveness of agency accounts of authorization. Keep in mind the "business card" has no legal effect. Strictly implement the account opening procedures, "I do, one on one, face to face, uninterrupted, I pay." The bank audit of enterprises account reservation and seal materials, are not allowed by the enterprise or other handling, no bank internal breached, copy and use. A high degree of vigilance and caution in dealing with the account information change matters. If the data in the bank audit of enterprises to a certain reason is retrieved or handled, the account is considered invalid. The enterprise again to return the data, all the formalities and procedures according to the new account, take strict precautions against the relevant information is substitution. To the local branch of the people's Bank of Chinese procedures are also essential. If the credit risk management exist many uncertain factors is difficult to achieve the precise guidance, and resolve the credit risk means will be complex, the bank account management is to the most seriously. The account is no small matter, the program is priceless. Bank account management is a prerequisite for the case prevention and control.

(three) insist on the implementation of anti money laundering measures

Bank to carry out anti money laundering, bound to increase the credit to customers, the qualification review, so that the original relatively loose management become rigid and complicated, may be part of the loss of customers. In the fight for savings and deposits under pressure, some banks in particular branches at the expense of the basic requirements of internal control, one-sided emphasis on business development, ignoring the risk control of customer deposits. Coupled with the anti money laundering lack of professionals, the anti money laundering internal control system is not perfect, the client identity identification system is not strict, suspicious transaction reporting system enforced. It is reported, the punishment of anti money laundering of financial institutions, 90% attributed to customer identification is not doing a good job. In this regard, foreign banks go ahead, they will be anti money laundering and anti fraud together. Since the anti money laundering is conducive to the prevention and control of cases, commercial banks should adhere to the implementation of a series of anti money laundering measures. Moreover, the anti money laundering is the national statutory business bank must fulfill legal requirements. In fact, the real name system, account management system implementation, and resolutely implement have benefited from the anti money laundering measures in the very great degree. Ensure that the large value and suspicious transactions reporting data is accurate and complete, and effectively improve the ability to identify and report suspicious transactions, and enhance the effectiveness of suspicious transaction reporting, and strengthen their ability to analyze large deposits frequently problems, will undoubtedly increase case intercept capability.

Three, strengthen the management of deposit

(a) to strengthen the deposit into the bank management

"Know your account" principle, with particular emphasis on the first bank to trade with the customers, understand the customer's true identity. Large amounts of money of many banks cheated cases occurred, the most basic reason is not understanding the customer. The only way to know the customer is through service. The author thinks, the best service is the best supervision. Bank employees must understand the customer, understand the customer's business, but also to keep "arm's length" with customers, so that we can guarantee is not used by the customer. Customer manager or administrator must understand the analysis of deposit deposit, deposit funds from the source of the good case prevention, do not think that "picked up the basket of vegetables are". For high risk customers or high-risk account holder, should understand the sources of funds, the use of funds, information, economic status or operating status, to strengthen the monitoring and analysis of financial transactions. Banks should pay special attention to the following situations: the short-term funds dispersed into, out of or into, centralized dispersed out, and the identity of the customer, the financial status, business is inconsistent; account causes long-term idle unknown suddenly enabled or normal flow of funds small account suddenly abnormal capital inflows, and the emergence of a large number of short-term the receipt and payment of funds; non bank long-term cooperation customers open settlement accounts, bank without marketing initiative to open and immediate payment account, large sums of money by non bank enterprise personnel agent to open an account; bank without marketing, by the intermediate people lead the enterprise personnel to the bank counter and help enterprises to deposit procedures. Deposit into bank management is the first line of defense in cases of prevention and control.

(two) pay attention to the management of the deposit business

For commercial banks, credit risk is without controversy; if the said deposit also has a risk, some people may not agree. Fraud and theft, in recent years have diverted deposits cases, especially a large deposit cheated cases further sounded the alarm: "deposit risk, import and caution!" Although the deposit account, interest rates, access, cashier, reconciliation, supervise, audit, investigation, inspection, statistics, report analysis, loan to deposit ratio etc have different levels of management, but from a large deposit fraud cases, total feel bank deposit business management is not in place, it seems the deposit management more responsibility fell on the counter and settlement line. Last year the rolling inspection system for deposit risks, is defined as an important part of the internal control system of the banking financial institutions, is the internal inspection system deposit business operation compliance. The author thinks that the complete meaning of "comprehensive management" deposit system, in addition to the auxiliary "after the check and management of" outside, also should consider the large deposit marketing, analysis, assessment, pricing, use, audit and other core "in management" work. Implementation of comprehensive management system of deposit, is attached importance to and is conducive to the absorption to embrace saves and other marketing work. Through the bank to interview and interactive activities, bank executives, managers and deposit business executives, financial officers have face-to-face contact, the bank can catch the detailed customer information, including business requirement, deposit growth, business expansion, to touch the clearing deposit unit of the family property, all-round understanding of enterprise business needs, to achieve the bank business expansion. This year, the CBRC is the national organization to carry out "bank internal control and the case prevention system implementation year" activity, clearly put forward the liability business management system, such as "a large deposit management system", it is necessary to. To further define the connotation, the better. The author thinks, deposit deposit settlement cashier management is not the core sense, like loans also need clearing cashier management. Can you use "censoring" mode, implement the "marketing" and "management" dual control of large deposits? Management deposit business in is the second line of defense case control.

(three) to strengthen the deposit outflow of bank management

In the management of the bank, have kind of feeling "loans and deposits compared, heavy credit not heavy deposit; deposit, and heavy not heavy". Therefore, it is necessary to strengthen the deposit outflow account management. In the case of large deposit was widespread, often with banking history is not long deposits of enterprises and even without the bank marketing initiative open settlement accounts, often pay large sums of money in a very short period of time. When large deposits from the deposit business bank account set aside, the bank shall strictly implement the important blank vouchers to purchase and use system, large amounts of funds transfer and deposits of enterprises more than two supervisor Lane link verification system, payment voucher seal verification system, big money transfer double double check system, the reconciliation system and deposit risk the rolling inspection system, to ensure customer funds real payment. Particular emphasis is on, the person in charge of the enterprise, the person in charge of Finance telephone (including fixed telephone and mobile phone real name) is the enterprise must set aside when opening an account and the bank staff in handling accounts personally phone check correct telephone for enterprises. Accounting personnel and reconciliation staff should sector from or post separation. Also may entrust the third party to reconciliation on key accounts reconciliation, improve efficiency. Unit time deposit account, deal with the account of agreement savings deposit account, other account, the account by business institutions and depositors agreed reconciliation method, but not fixed specific reconciliation date or personnel, not in the home to send the bill before the telephone booking send sb. In the mail client to increase the reconciliation bill receipt envelope, to facilitate customer feedback. In "reconciliation" in the unit did not fill out the deposit receipt check results, to re organize the reconciliation; to fail account, to timely find the reason, and must have the operation trace; the cover of "reconciliation" deposit receipt in the seal of the entity must yanyin. Implementation of large value funds transfer the reconciliation, the abnormal customers or abnormal withdrawal timely reconciliation. In dealing with the suspicious deposit outflow of bank problems, should remember the French writer Hugo said "more cautious than to have the power to the bold." A large deposit fraud cases warned the bank reconciliation, not fixed at the end of the month, the end of the season or the end of the first half of the fixed time. The core purpose of reconciliation is control deposit funds misappropriated being stolen, the effect should be "to the criminals to be taken by surprise, by surprise" impact, crushing their criminal plan, rather than to pursue what meets the requirements. The deposit outflow of bank management is the third line of defence case prevention and control.

Four, to guard against the risk of employee fraud

(a) to establish a correct concept of human resources

Now the bank had to take as a precious human resources staff, but the bank fraud case fact relentlessly prove the criminal crime in the internal staff. Large deposits of fraud cases in the banking industry Chinese, rarely without bank employee involvement. "Those who do not make great evil people are not easy to perceive other people's evil. Do not deceive people will make us are often cheated "(" moral proverbs "). Employee fraud presents one must face the risk of human resources of the bank management, "the heart of man is not". French bank Societe Generale trader Kerviel made financial history the biggest trading losses involving an amount of 4900000000 euros, the aged less than 100000 euros, equivalent to almost lost 50000 years of income. Jack Welch's words, may express many bank executives say: "in fact is not GE business makes me worry, but what people do look very stupid things from the law and to the company's reputation and enable the company to be destroyed on one day." Merrill Lynch chief executive John Sen puncture a fallacy with one remark the risk prevention: the difficulty of employee fraud "fraud traders is the most horrible nightmare ceo. You can have the most perfect system in the world, but you still cannot prevent fraud." On the one hand, should be clear is between the bank and the crime of "ghost" is a kind of contradictions between ourselves and the enemy. Although the "white-collar crime" in China is still an emerging topic of criminal law, but USA criminologists Edwin Sutherland in 1939 has begun to study; on the other hand, after all, very few people still crime, few cases, should believe and most of the staff is good. Banks should be aware of, "a lack of knowledge, can be used to make up for the personality, but a person personality defect, knowledge is not enough to make up" (Italy poet but Latin). For some jobs, good staff is the most valuable wealth, misbehavior is the greatest risk.

(two) to explore the prevention and control measures of employee fraud

In the bank's internal employee fraud cases, very few employees "I hate eternal", most employees went through quite a long time to prepare before the implementation of the. However, in most cases the criminal behavior or "Its loopholes appeared one after another.", the main links are being normal management activities cut may be, it "be in grave", as long as a little prevention can be see. In recent years, China's banking industry to explore many aspects, for the prevention work case, summarizes systematically is Minsheng Bank Shanghai branch of the staff "five not" code of conduct: one is to strengthen staff business level and skills training, improve staff ability to identify, the risk guard ability and the ability to resolve, do "not mistaken for"; two is to strengthen the ideological and moral education of staff, improve staff awareness of self-discipline, do not appear "a wrong thought in passing", more not intentional illegal, "do not want to do"; three is through the warning education and strict accountability, to form a strong deterrent, do "dare not"; four is the dynamic monitoring through strict internal control mechanism and the staff's thought and behavior, for any illegal behavior can immediately stop, do "not"; five is to train staff consciously with all kinds of illegal acts as a fighting spirit, for violations must be in the right and self-confident to intercept stop, do "don't let".

(three) especially wary of the employee

One of the characteristics of bank deposits was case, is the criminals often include bank staff, these people in general as a fraud (for private enterprise employees), to assist the deposits of enterprises for bank account opening bank, by means of cracks in the system and the operation, took the opportunity to steal or exchange in the bank deposits of enterprises reserved seal card; some also use was once a bank employee identity, through or cheat once bank colleagues trust crime; some use the once familiar with the operation process in the bank to facilitate the work of foreign conceal the truth, have been dismissed as the bank, bank staff name in the implementation of fraud; some not only directly commit the crime, but also corrupting bank employees involved in the crime. In response, banks must raise vigilance, for staff to handle or the business, should be strictly to identify and audit. In addition, banks in the staff to apply for leave procedures, should be timely to carry out the relevant post from the bank audit work, when necessary, can be commissioned audit. Counter settlement personnel must transfer formalities for transfer left off or other reasons. On a few counter service personnel, human instead of system, not in strict accordance with the operation process and system for business, for business acquaintance green, provide information and convenience, which causes the bank reputation damaged, this year Chinese Banking Association "close watch on the bank staff to prevent acquaintance culture risk guidance" warned: "attention should be paid to out, dismissal, resignation staff, strict employee work handover, auditing system; to establish employee internal ledger system, a detailed record of its turnover, bad records and now what unit working conditions; should pay close attention to the relationship between the bank, strengthen information feedback, where the bank staff to do business, to carry out risk reporting system, strictly prevent acquaintances handle business generated risks." Therefore, breakthrough human customs, strict compliance, according to the law, is the best strategy for prevention and control of bank fraud risk staff turnover.

Five, bank enterprise linkage control case

(a) understanding of deposit form of debit and credit

In 1997, at that time, there are a large number of "certificate of deposit in the form of illegal lending" the circumstances of the case, the Supreme People's Court issued "on the trial of cases of disputes of certain provisions of the" clear ": in the investor will direct the money and capital use, or by financial institutions will the money and capital use, financial institutions to issue certificates of deposit or investor Jinzhangchan, who signed the deposit contract statement or investment, investors from the investor or acquired from financial institutions or agreed produce high spreads in the behavior of the deposit receipt dispute case, to save the single form of loan cases." Certificate of deposit in the form of borrowing, belong to illegal lending spreads, the high capital charge should offset the principal, investors, financial institutions and investors for participation in illegal lending, the corresponding civil liability respectively for D. situation. Among them, third cases is the investor funds will be delivered to the financial institutions, financial institutions to investors issued a certificate or statements, who signed the deposit contract statement or and investor, investor and designated financial institutions put money to spend money people, first of all by the investment return of principal and interest on the capital. Financial institutions because of their help illegal lending fault, should the investor cannot repay investor principal part of liability, but not exceeding cannot repay the principal part of the forty percent; fourth is contributive person not delivery of funds to financial institutions, but to be used directly to fund investors, financial institutions to investors issue a certificate or statements, who signed the bill or deposit contract and contribution, first by the capital return of principal and interest of investor. Financial institutions because of their help illegal lending fault, should the investor cannot repay investor principal part of liability, but not exceeding cannot repay the principal part of the twenty percent. Obviously, with investors may not fully repaid, the banks only bear part of the responsibility, investors (depositors) loss is inevitable. This rules out, such cases can disappear from the scene, but in a more virulent form of reproduction.

(two) to guard against malicious deposit risk

By understanding the "certificate of deposit in the form of illegal lending" case, a key link is not difficult to understand the case of many large deposit cheated in recent years Chinese banking erupted: depositors (investors) in the money banks deliberately let the bank failure from the bank. In this way, the investor to charge higher spreads, the capital people into jail or sent to the guillotine, allow the banks to deposit payment responsibility one hundred percent. How poisonous. May slightly analysis of bank deposits was only from the criminal cases: (with investors) using false chapter Pirates of the designated deposits of enterprises at this basic fact in the bank, in the state agency under the current legal framework of criminal investigation, prosecution, trial started, the judicial process, it is necessary to deposit in a bank business competition; very intense, the bank and the two sides before strangers, a few nervous, busy with several business cards even if that "employees" or "President" the identity of the person, the money broker's guidance, to deposit business office to sign a few words, covered a few chapters, together with the account opening procedures and tens of millions or even billion yuan deposit contract signing, procedures, complete with only ten minutes, is not in line with bank marketing sense; only bank employees or executives card as proof of identity, there is no legal basis; deposit business executives or financial staff that will be deposited into bank deposits, in before and after the investors received millions or even tens of millions of high yields, cannot be explained by capital; knowing that people will not through legal means delimit from the bank itself Deposits of enterprises and pretend to be ignorant of sth. to follow one's own inclination, is obviously wrong; enterprise bank deposit information as an important commercial secrets, deliberately leaked through direct or indirect leaked to funds brokers by investors, this fault and losses are inevitable causal relationship; with high spreads, allowing for investors to draw bank deposits, bank seal recognition errors an excuse to shirk responsibility, there is a bank of malicious harm; trial proved that, those who have malicious deposits "victim", is not to appear in court for confrontation "; when you are honest to yourself, no one in the world can deceive you", this sentence to malicious deposits of enterprises, is very applicable. To sum up, the bank staff as much as possible to understand the deposit business situation, through individual deposits of enterprises "malicious deposit" trap, is the basis for prevention and control of large deposit fraud cases.

(three) the bank deposit being linkage control

"The customer is God" service philosophy has been deeply bank people. The father of modern management Peter Drucker said: "the customer is the foundation of an enterprise, is the enterprise survival life." But a handful of criminals is to the identity of the customer into the bank. Is "into also customer, also the customer". The great leader Mao Zedong told us: "who is our enemy? Who are our friends? This is a question of the first importance." A large deposit cheated cases show, molecular covet crime executives or financial officers have deposits of enterprises of high interest, enterprises will be idle funds deposited in the designated bank, and requires no withdrawals in a certain period of time according to the criminals, to provide convenient and fraud. In the final analysis, the vast majority of deposits of enterprises are very concerned about the safety of some deposits, deposits of enterprises also take the initiative to the bank reconciliation, whether due to internal personnel changes what reason, I hope enterprises will be reconciled as the main measure of internal control, institutionalized, regular; what's more in the management of bill business and bank issued letter of commitment, the legal responsibility to clear the fact both sides; can you further explore the bank enterprise control mechanism? This year the Ministry of finance developed guidelines 18 "Application of internal control". Among them, "No. sixth" -- Capital Provisions shall at least one of the four major risk concerns, is "capital control is not strict, may lead to capital embezzlement, embezzlement, withdrawing or fraud". Extracorporeal circulation enterprises prohibited funds; fund payment business, content should be clear, the amount of payments purposes, budget, amount, payment methods, and attached to the original document or relevant proof, strict licensing procedures, can arrange capital expenditures; for the receipt and payment of funds business, it shall abide by the relevant provisions of cash and bank account management, not one person for the whole process of monetary funds business, no seal and bill will fund payment business focused a safekeeping. Bank enterprise linkage is a basic strategy of prevention and control of deposit cheated.

Six, severely crack down on illegal financing

(a) large deposits have substantial case

Some people may ask, China's current law allows between enterprises can be handled by the bank loans, why not to malicious activity through the bank deposit some deposits of enterprises? From a successful 60 years of the twentieth Century the world's richest oil magnate Paul Geti experience - find the answer. People put a piece of land rent at the end of 1915, he went to see after feel very promising, but could not take those so much money to dig wells or old oil businessman can take out. He asked a bank sent a representative to he bid, produced a good effect. Many independent businessmen hope that the auction bid to see banks were tender, like if the bank to participate in the auction, is representative of what the giant oil companies, like any price to rent the land, the bid will be wasted heart. The results, Getty $500 to rent it out, this is very cheap price. This example is from the front on the bank credit power. And those malicious deposits of enterprises is "anti bank credit", they are very clear "to the certificate in the form of illegal lending" activity, is likely to cause significant loss of deposit, has won't work; if the funds entrusted to the bank loans to enterprises with good credit enterprise, with low interest rates and credit is not good for enterprise risk. So, either directly or through money brokers indirectly paid by high spreads funded enterprises, and the funds on deposit at the bank, and then through the use of foreign enterprise employee theft signature card will change the criminal fraud responsibility to use funded enterprises or employees of the bank, the cash deposit to bank. The bank is operating credit credit, deposit was stolen on the bank, the bank assumes no responsibility if payment, okay? Therefore, the essence and through "malicious deposit" transformation of a large deposit of being deceived, is funded enterprises (business loans) and foreign enterprises (enterprises) into a form of illegal lending risk between the. Many banks now bear the operational risk, credit risk transfer from society and. Large amounts of money being cases of bank why repeated? If not from the strategy to realize this point, case prevention and control work is difficult to fundamentally changed.

(two) opened a deposit fraud veil

Under normal circumstances, at the end of a large deposit criminal fraud cases, often occur between enterprise and bank deposit a deposit payment dispute case, but requires a high degree of vigilance is, in front of a criminal fraud case has a decisive influence on the civil dispute cases subsequent out. In the handling of criminal cases of fraud in the process, the incidence of bank outlets to accept the branch or head office, regulators, and the judicial organs repeated audit, investigation, inspection, investigation, verification, being upside down state, did not have to hide what. But, should be in the right and self-confident deposit business, but did not move, even tremble with fear in one's boots. Of course there are deposits of enterprises aware of the wrong after the incident, seek truth from facts and deposit bank reached an agreement, properly handle the problem of deposit payment disputes. For those with malicious deposits deposits of enterprises behavior and refused to admit, as long as the contributed enterprises (deposits of enterprises with foreign enterprises) directly from (the suspect) to obtain high spreads, in the subsequent trial of deposit payment dispute lawsuit, be presumed deposits of enterprises with foreign enterprises to use subjective deposit belongs to knowingly, shall bear the liability. If you identify the deposits of enterprises and their employees there is clear dissimulate, assist the suspect theft for deposits of enterprises signature card acts, shall reap what one has sown. As for the deposit business executives and financial personnel receiving the high spreads funded enterprises will cover the true seal credit voucher, voucher to use foreign enterprises to the bank payment after use and agreed to return, even if the banks do not norms, nor the presumption funded enterprises fraud deposits of enterprises and banks, not normative financing activities between the essence is the enterprise. Of course, if the bank staff help deposits of enterprises and foreign enterprises illegal lending, banks are also at fault, it shall bear corresponding liabilities for compensation. Therefore, the subsequent deposit payment of civil disputes, I could borrow company law general "piercing the corporate veil" principle, opened a large deposit fraud "veil", deposits of enterprises and banks should bear civil liability according to the size of the fault.

(three) national legislation to punish money brokers

Since the reform and opening up, with high interest financing for illegal occupation of funds brokers, after "hand in hand", deposit and loan "to false certificates," malicious Piandai "deposit" and "certificate of deposit in the form of illegal loans" and other illegal, illegal, criminal activities of the "test", is enduring, evergreen. Especially in the stock market downturn, monetary tightening, rush into danger, quench a thirst with poison financing difficulties of small and medium-sized enterprises, some deposits of enterprises for hungry, be blinded by lust for money case, its business has become more and more Xinglong. The high fees charged by foreign enterprises in the crazy money brokers try every trick to mislead the public, particularly illegal activities by foreign enterprises to charge high interest to pay the deposit business, money brokers knowing that their actions would have rights against the bank or deposit business results, but all hope or indulge the occurrence of these results, some also participate directly in the the crime of fraud, which has become the main cause of large deposit fraud cases occur frequently. In a large deposit fraud, almost without exception, the existence of illegal intermediary activities of money brokers. In 2010 Third Economic and financial situation briefing issued "to prohibit all forms of deposits will President Liu Mingkang during the mobilization, banned all kinds of deposits intermediary", is the collateral damage. Chinese banking deposit business self-discipline recently issued "notice" China CBRC is working on standardizing market competition is tight Lancun and "Shanghai city bank deposit business self-discipline convention" and China Banking Association "(Draft)", to seek bank strictly in accordance with the relevant provisions of the deposit business, if it is really necessary. Commercial banks should be highly vigilant money broker activities, the prohibition of illegal intermediary activities for employees to participate in the fund brokers. Suggested that all banks in the account agreement, statement, the deposit contract documents, written warning depositors: "when you get extra interest from bank deposits outside the security risks, are you." Because of the existing laws and regulations on money brokers whether the act constitutes a crime, there is no specific provisions, they more secure to rely on, swollen with arrogance, the harm is great, the recommendations as soon as possible illegal intermediary acts money brokers into crimes of disrupting the financial order, severely punished.

Seven, the case against the establishment of

(a) the system to prevent human weaknesses

In the large amount of deposits in the bank fraud cases, the staff showed the weakness of human nature is obvious: trust, light control, heavy human sentiment, the light system, power, light, heavy, light control, business. The most terrible is accepting the leadership of express or implied, laissez faire false chapter clearance or trapping on the bill "and so on can be tolerated, what fatal irregularities", actually can be many employees understand. The ancient Greek thinker Aristotle pointed out in these treatment than men: "human nature is give oneself over to blind emotions problem, law is the total no feelings." The previous bank system, focuses on the management of a business or events. The cruel fact that political father Maki Japheth Leigh's view: "no matter who want to build a nation, and set it for the law, he should assume that people are ferocious." This should be one of the basic starting point for commercial banks to establish rules and regulations. "Commercial bank law" stipulates that "commercial banks should, in accordance with the relevant provisions, formulate their own business rules, establish, improve their risk management and internal control system." "Commercial bank's internal control guidelines" also stipulates: "internal control should each business process and each operation link permeability of commercial banks, covering all the departments and posts, with the participation of all staff, any decision or action shall have records that can be referred to." Of course, in order to prevent the bad for the purpose of the system, often will bring side effects to the good man, this is also the inevitable price. "We don't have enough strength to follow our mind" ("moral proverbs"). The effectiveness of a serious lack of internal control of the Bank of Bahrain and the French bank Societe Generale case, confirmed: "no matter how good you are, how advanced training methods, have strict rules and regulations to ensure the" ("no excuses").

(two) design case control points

Humanity cannot withstand the challenge, the desire for wealth and power and possessive, world without end. The great French jurist Montesquieu pointed out long ago, "power without constraint will inevitably lead to corruption". Bank staff illegal crime is the most significant feature is the duty and intelligence. The objective of internal control, is to strengthen the position control and supervision mechanisms, prevent employee crime. The most typical is strictly incompatible positions to one person much hillock. A farmer as saying: "I just want to know the future, I will die in what place, so I would never go there." Therefore, searching for a "death", "bleeding" or "weak link is the key of". Management fables below, vividly tells us carefully set up internal control points is so important: one day the zoo administrators found kangaroos run away from the cage, and then met to discuss, it is the height of the cage is too low. So they decided to cage height from 10 meters to 20 meters in height. The results of the second day they discover a kangaroo or come out, so they decided to be highly to 30 meters in height. Did not expect the incredibly saw the kangaroos run outside, so administrators are nervous, decided to do not have two, the height basket height to 100 meters. A day of giraffe and a few kangaroos in the chat, "you see, these people will go on raising your cage?" Giraffe asked. It's hard to say. The kangaroo said: "if they continue to forget to close the door!" For large deposits cheated case, the "zoo gate" is "bank account", the key is "reserved in the bank signature card".

(three) to improve the execution of the system

Ten case of ten violations, not through the chapter, the nominal system, is an important cause of crime of financial fraud. According to the law, improve the execution of the system, is the basic requirement for the case prevention and control work. The following case, tell people how to do everything by rule is "bank". On October 1, 1949 at two thirty in the afternoon the founding ceremony of the period, the working people's cultural palace entrance, who was not wearing the ceremony certificate no representative certificate and middle-aged lady with the sentinels to Tiananmen gate for Chairman Mao's quarrel. The guards quickly report, Peiping picket Corps brigade deputy political commissar Luo Ji hurried, discovery is Madam Chairman Jiang Qing, he hurriedly to the founding ceremony Guard commander in chief minister of public security Luo Ruiqing report. Luo Ruiqing listened, didn't want to answer, very simply, spoke only 4 words: "do everything by rule!" Just imagine, how many cases as long as bank staff do everything by rule, what will happen? As a general rule, people know that if the middle of the room with a strong fire, sat around him if only he and not with great care, it is possible to hand touch and burned, this is the famous "hot stove rule": one is the red, general everyone does not touch all know that is -- warning principle hot; two whenever you run hot stove, will burn -- verification principle; three when burning stove, it immediately -- instant principle; four is no matter who run the stove, will certainly be burned -- the principle of equality. In the same way, improve the execution of the system, the key to do: make the trip, there is no check, the Zhang Yan, illegal!

Eight, relying on scientific and technological control case

(a) the use of science and technology against external fraud

In the whole financial industry must take the full range of IT high speed train times, banks use payment cipher block external fraud is particularly urgent. With the development of electronic scanning, laser engraving technology, not only the traditional "corner Yanyin" manual comparison, even to the enterprise computer Yanyin reserve bank seal recognition of seal the authenticity of the way, also appeared to be inadequate. In 2006, Sichuan series of financial fraud proof, banks use "angle Yanyin" mode, it is difficult to identify criminals through false seal computer technology forged, and brought great difficulties to the financial institution identification and prevention of financial fraud and the crime of money laundering, the normal business activities contain huge risk. The payment password is the inevitable trend of development of information. The payment password is used to verify the payment of deposit certificate signature auxiliary measures of authenticity, which refers to the payment voucher code elements by payment cipher system in accordance with the provisions of the algorithms, and fill in to pay a password data, documents for bank check payment password length is not less than 16 digits. Enterprise financial personnel through the operation of payment cipher units of the calculation of each bill payment password, and fill in the bill, the bank only needs to check for this group of payment password, can identify the authenticity of the bill, change any one of a number of nominal, not by bank check. Because each bill payment password, the one and only, only banks can effectively prevent the drawer or the payment behavior, criminals also cannot the forged, altered and replication, from the source to eradicate the use of forged seal and alter the bill for financial fraud may. The funds reached 1125000000 yuan in Shanxi since the creation of financial fraud of the most "7 · 28" large financial fraud, the Shanxi provincial capital of Taiyuan City Commercial Bank "The whole army was wiped out. almost", the four major state-owned commercial banks have benefited from the use of industrial and commercial bank payment password spared, is a typical example. In addition, measures to prevent the network check of citizen identity information, electronic bank reconciliation, reconciliation of SMS notification, USBKEY electronic signature technology is also very effective. This cheers the people greatly. is, last year the electronic commercial draft system in our country has been put into operation. Electronic commercial draft is stored in the electronic commercial draft system, through the use of electronic signature and reliable security authentication mechanism, can guarantee the uniqueness, integrity, security, paper bills inevitably carry transfer risk, loss damage and risk, fraud and cloning of ticket delivery risk will no longer exist, can effectively prevent the bill cheating crime. Also can use information technology systems to account trading frequency, amount and time preset anomaly characteristics analysis of the conditions of the abnormal data screening, regularly check, increase drain query strength, blocking external fraud.

(two) the use of science and technology of prevention and control of internal fraud

Banks pay more attention to the construction of regulations, known as the iron, iron abacus books, iron rules "delta". Theoretically speaking, if a bank insiders, to strictly abide by the relevant rules and regulations, strengthen the prevention consciousness, molecular crime of fraud is hard to succeed. In reality, the "rules" difficult execution is a difficult problem for most of enterprises and institutions, the bank is no exception. Countless facts prove, the self-control and resist ability is very limited. The great philosopher Russell said: "the reason people have moral, because they are tempted too little." Compared with the general staff, some bank staff of the temptation may be more. "People are flesh and blood, to resist the temptation of the devil, easier said than done?" ("Bible") is the most reliable, the most unreliable is. The author thinks, the use of information technology, the bank internal processes and internal control points, especially the rigid regulations case prevention and control, embedded computer system is locked, to the "iron bottom, iron abacus and iron rules" on the high voltage, cast the criminals can think of but can't touch control network! Do not implement the system of aliasing, execution system can't be flexible, resolutely curb the power system regulation way, way of human wanton violations, "science and technology with inhuman strength", let the robot control the natural person, the prevention and control of the bank employee fraud. Such as bill payment password payment cipher can only be held by the enterprise, the bank can pay by check system to automatically verify password authentication, cannot take the place of the account opening entity generate bill password, so the bank insiders can't predict what is each bill payment password, the bank internal staff can not collude commit the crime and the external the criminals. Notable is, science and technology and also to perform self-service machine key or password is not at the same time by single custody, are not allowed to borrow or sharing system user number, have the right to audit the authorization provisions must be authorized, in order to guard against the risk of new technology. To strengthen the remote video monitoring system, video monitoring, internal enterprise to open an account, open the cabinet counter panoramic and personal wealth cabinet and other important parts of the cash counter, not only kept for a period of not less than 90 days standard, the key is to timing, timely, timely observation of video analysis, operation supervision and related personnel. Of course, if possible, to enable the fingerprint login system, abolishing the counter staff by cabinet employee number and password of bank operating system model, to borrow, steal cabinet employee number phenomenon, more conducive to the prevention and control of internal staff.

(three) as soon as possible the implementation of the law case preventing repair technology

Pieces of rubber stamp unexpectedly trapped horn strong financial industry, a pile of large financial fraud has shocked the whole. It is reported, individual banks are still using manual inspection method inspection, low accuracy, causing the internal staff repeatedly used forged seal crime are. It is deplorable! As a warning for the future, the only way to eradicate the scourge of fake seal must be scientific prevention and control! China banking regulators to look far ahead from a high plane, from the beginning of the late 90's in our part of the city to promote the pilot payment password, has been in many city the successful application of bills defraud crime, prevention effect is very remarkable. But, at present the related payment cipher individual norms mainly scattered in the approval of the State Council in 1997 by the people's Bank issued the "measures for the implementation of administration." in 1997, the people's Bank "payment and settlement measures", in 1997 the people's Bank "about the payment password using and management notice", in 2000 the people's Bank "on standardizing and promoting the payment password to use the notification in 2006 the people's Bank" and "the national check image exchange system operational approach (Trial)" and other departmental rules and normative documents. In 2003 the people's Bank "payment cipher system business management guidelines", to pay a password to make comprehensive and systematic regulation, but the regulation level still belongs to the departmental rules. Despite the financial system time and again many a person of noble aspirations, the relevant payment password special laws or administrative regulations or laws or judicial interpretation provisions have not yet introduced. The payment password requirements, in addition to legal level is low, there are deposits voluntary use of payment instruments, the applicable scope is narrow, the function is defined as the verification of payment certificate deposit signature of the authenticity of the "measures". Once a dispute, there are legal risks. Therefore, revise and improve the "negotiable instruments law" and other payment as soon as possible, clear the legal effect of electronic signature in the payment password and payment and settlement business, and improve financial fraud, anti risk ability. Notable is, like Shanghai to build an international financial center and financial center, should be the implementation of the model of the payment password.

Nine, compliance steady management

(a) must adhere to the law compliance management

Since money is hair hanging ingot industry business, rather than take the stability, don't risk taking when. The bank's most of the money is the creditors, management should be in accordance with the law compliance, must be subject to special supervision. Former Bank of Bahrain trader Nick Rison on SocGen illegal trading case, said: "I think the illegal transactions, financial market is homely food. What you see now is still a system is not perfect, the market supervision is not enough." Visible that banks must adhere to the principle of necessary compliance management. Compliance risk management has a rigid, if in compliance violations, operator also think that as long as the illegal low cost, operating income sufficient to cover the risk of loss can be considered, that is very dangerous. Sometimes illegal seems to have surgery also effective, however limited, this long runs a good bank, had No. We cannot exclude the possibility that some criminal cases, the beginning of subjective factors indeed with complete business indicators. Reportedly, Shanxi "7 · 28" after the incident, a personage of local financial systems analysis said, may not exist completely deceived in this case, the parties are to know some inside information, but the parties for their own interests, also have luck, eventually form an alliance. Stalin to Mao Zedong said "the winner is not blamed" and Lincoln in the civil war once said "necessity knows no law", are not suitable for illegal operators tolerance. In the final analysis, finally, protect the legitimate rights and interests of our bank and its employees or law. The more complex society, legal system and more important, the law is the bottom line. The more intense competition, the more the judicial corruption, the more compliance! Of course, the bank management department should understand marketing knowledge, knowledge of marketing, marketing innovation, hard support to marketing problems, alleviate the pressure of risk marketing staff. "In the fierce competition market, the absence of effective system, rules and regulations, and staff to, is tantamount to Dutch act, this is any one company unshakable rule" ("no excuses"). "The market is brutal, who is not standard who make money" (the State Council Development Research Center researcher Liao Yingmin evaluation of Cao sentiment language). "Discipline is not good is to give his grave" (Deng Xiaoping said at the "big mountain" in advance don't). Maybe the individual factors have cheated cases, deposits, important information security to disregard the account information of depositors, to their money stolen hidden cost, expressed to the large customer "enthusiastic" service. However, once the deposit cheated cases, one can imagine the results. The so-called "people die for money, birds die for food." Special emphasis is given to the "good intentions is also illegal illegal". All the irregularities, all are the cause of risk, will pay a different price, will affect the overall situation also hurt yourself. The Education Committee of Lawyers Association China only foreign expert Lv Lishan lawyers said: "the implementation of the world first-class compliance management system, will enable enterprises to benefit from the infinite."

(two) to strengthen legal education to promote the case prevention

May be due to a professional perspective because, all commercial banks to legal work, soon found the legal content of commercial bank is very high. But, along with the working time is extended and the banking business contact understanding gradually grow with each passing day, this kind of feeling. If the general half "wealth is the contract", then the "bank deposit contract is all wealth", including a large deposit fraud, financial fraud cases, from first to last involves every aspect of legal essentials. There is a bank branch staff said "a lot of risks, in the final analysis is not or not fully understand the. Because the ability and experience is limited, the information asymmetry or investigating the lack of channel, customer manager sometimes encounter some problems really helpless, some will seek help, some may also follow your instinct." In the banking industry financial fraud cases show that, in the elaborate design, many financial or legal advisors, front gang crime premeditated fraud, bank employee occupation accomplishment, especially the legal literacy is very short, almost "ignorance is fearless". The author deeply, the law is on the road to gold, the State encourages people to freely use it. The law is not the feelings of wisdom. Can say, the consequences if early know some illegal acts so serious, employees are not enforced the wrong command. Our company law, the company shall adopt various forms to strengthen the staff and workers of the company, the occupation education and job training, improve staff quality. Needs to be pointed out is, the bank for legal training credit personnel basically have more attention, for legal training counter settlement line staff shortage. Recommends banks more counter settlement of personnel to the court to attend the financial fraud cases in court, but also to visit or listen to the criminals from prison. Banks in the conduct of staff training and further training, must be combined with business to build and perfect the legal system of training. In fact, the bank staff to follow the bank regulations, similar to comply with traffic regulations, not to violate the rules and regulations seriously, once a traffic accident occurs, it is too late. The author deeply, compliance is not only the basic requirements for bank management, it is mandatory to protect the legitimate rights and interests of employees. Warned the bank employees "no free lunch", not to "a bowl of red bean soup" penny wise and pound foolish. Shanghai City Public Security Bureau leaders on how to prevent the street fraud said: "little interest Bimenghan medicine makes dizzy." A philosopher said: "you can take part in the time of Inner Mongolia of fool all the people all the time, you can fool some people, but you will never be in all the time for all." No investigation shows, is in prison (former) bank staff is not a not regret.

(three) a good case against cultural atmosphere

"A bank failure, often is not due to the lack of system, but because of the lack of a good culture" (Huang Lanmin "Hongkong bank management details"). The bank must build "operating risk is everywhere, the case prevention and control is everybody's" case preventing cultural atmosphere, the diffuse case prevention component all outlets in the air, let customers enjoy quality services at the same time, also let cherish evil thoughts "customer" smell to smell a strong case prevention, but also let the lurking in the bank the ghost always feel "like rats, no place to hide." As Mr. Pan Yue said at the "top" China Trust: "law-abiding people legitimate business, everywhere is convenient, do not feel who is in charge of him; do something illegal, illegal everywhere blocked, many links in him." Such a situation will daily work, employees in order to cover a small chance failure, may be deliberately make a few or even a larger series of errors. In this case, the employee should report, resist and cut off, find fraud with a roar, the hand on hand; at the same time, the bank shall reward meritorious staff. Banks should avoid USA political scientist Wilson and criminologist Karin reveals the "broken window effect": if someone broke a piece of glass of a building, and no repair in time, others may be subject to indulge some suggestive, to break the glass more. In the course of time, these windows will give people a disorderly feeling, in this be petrified atmosphere, crime will spread. A small failure disaster. Need advice is, if the staff effectively suspended and accusation against criminal activities, without consequences, can be protective leniency. Regulators repeatedly stressed, strengthen the banking financial institutions, staff management, in the strict implementation of various rules and regulations at the same time, also frequently must abide by the rules and regulations of education for employees, truly in the education and prevention primarily, auxiliary by necessity of punishment. Regulators such as commercial banks have cudgeled one's brains, the employee should own, for family, for banks, in every drop of blood, in every cell, every gene, in the depths of the soul, firmly branded never fading case anti india.

Ten, establish a scientific view of the case prevention

(a) adhere to the scientific concept of development of the business

For commercial banks, "meaning Scientific Outlook on Development" is quite rich, involving the vertical line of thought, strategic positioning, development planning, risk management, operation index and many other content. From the case prevention and control point of view, the main problem is how to deal with the relationship between risk control and business development. Adhering to the basic requirements of scientific management concept of development, is to ensure that banks compliance, prudent, coordinated, sustainable development. Looks like a pay attention to risk management era, but who can get rid of the development index of sorrow? "Development" fast and good, easy to say, hard to do! Development is the hard truth, however, edema is ill. Safety is benefit. Report data show: from 2006 June to 2008 January, 11 risk control system for various SocGen trade Coover automatic issued 75 warning. Coover told investigators confession, when he is profitable, although he is aware of the violation, but this one eye open, one eye shut. This led to him have proved effective every time. As CITIC Group Chairman Wang Jun said: "without the development of internal control is equal to chronic kill, and no internal control development is the development of faster the bigger loss." Many involved in the large deposits of crime of fraud by bank employees or leadership, in court with "complete deposit index" as an excuse for their criminal acts, excuse. But, as the deposit in the bank account, in a very short period of time to draw the deposit in the bank account. President Liu Mingkang will be the third time this year the economic situation briefing stressed that "the establishment of assessment incentive and risk control system of reward and punishment mechanism of Science in banking, to strengthen risk control, prudent operation on the basis of improving operating efficiency", adhere to the scientific development view is an embodiment of.

(two) draw lessons of steady development case

Once a bank has a large sum of money was cheated case, like a person has an infectious disease, not only the family jittery, even the neighbors are very nervous. As a result of such cases, banks can only "" impossible to guard against "anti and anti", the whole line, reputation, confidence, workload increases, pressure, check and inspection are suffering and pain can not tell. Can imagine, when the director of a famous listed banks stand on the podium due to fraud inquiry and bowed to the customers and investors said the apology, bitterness! In fact, the bank outlets in a period of time often occur in deposits, loans, the loss of employees job hopping depression atrophy. Zhong Nanshan pointed out: "the disease panic mentality, worse than the disease itself!" In the very difficult days, the authorities need to rethink of repentance, should be accountability, more need care and help. At this point, any fear, escape, fortunately, remorse, blame and other negative attitude can It doesn't help the situation., should take strands "fear of disease case", into a burst of "control case" wind, encourage employee morale! Inamori Kazuo said: "the disaster is committed in the past, their sins. If you do not bring disaster to the lives, so far enough, that is something worth celebrating." Repent what's past, avoid what is to come. Engels has a famous saying: "no a huge historical disaster, not to historical progress for compensation." Alternatively, a bank, case event will sublimate into the never disappearing wealth, cases, should be the "enjoy" the lesson of. Should avoid is the most intolerable, similar cases, especially the cases of low level, repeated. Don't fulfilled Buffett's words: "we learn from the lessons of history, is that people actually never learn a lesson from history."

(three) multi linkage common case prevention and control

The prevention of crime of financial fraud, must be comprehensive treatment. First, banks of serious self-examination, especially to the audit department serious doubts, bite not to relax, to investigate or critical blocking large deposit cheated cases. Secondly, the bank now has attached great importance to the prevention and control of the case, and to create a strong case against atmosphere, all kinds of case supervision institutions to carry out anti warning education activities cannot be done not have, such as this year, the CBRC is the national development of the "banking internal control and the case prevention system implementation year" activities; last year the CBRC organization "Chinese banking institutions anti-corruption warning education exhibition", used in the form of pictures introduced 100 typical cases of illegal crime; the first half of this year, the banking regulatory bureau organized the "banking financial institutions the case prevention and control knowledge quiz", the second half of this year, the banking regulatory bureau is organized "Shanghai banking case prevention education reader" last year; the Shanghai Higher People's court, the Shanghai financial work committee, China CBRC Shanghai authority jointly launched the "establishment of the cadre of Chinese banks employees law-abiding compliance business, cooperation mechanism," the trial of educational activities, and in March 10th this year, according to the cooperation mechanism of organized for the first time in the Xuhui District court staff of a Shanghai City Commercial Bank's case of misappropriation of public funds; especially admirable is, Chinese CBRC accurately judge the situation, Take decisive measures, the large-scale case risks, pay close attention to cases in the banking industry risk prevention and control, to effectively control the first half of last year the banking case high trend, make the case prevention situation towards a good direction. Once again, the public security, procuratorial, judicial organs to minimize deposits of enterprises and bank losses and investigation, prosecution, trial, crime of financial fraud made distinctions won in battle. In the future, in the multi linkage joint prevention and control cases, there is a lot of work to do: as if by the CBRC and the people's Bank of China compiled comprehensive system "China banking case prevention and control program" and amended from time to time, on this basis by the commercial banks "true"; government departments to carry out national financial legal sense and anti sense. Education; government departments, the people's Bank, the Banking Bureau, the banking financial institutions and enterprises to promote the use of electronic signature, pay a password and electronic commercial draft, establish new mechanism to prevent bank bank fraud fraud; the legislature revised and improved as soon as possible "negotiable instruments law" and other payment laws and regulations, clear the legal effect of electronic payment cipher, signature and electronic bill in payment and settlement business in public security organs in the investigation; whether the financial fraud crime case process to deposit fault verification, and solve crimes he committed with the case related to the crime of feigned investment and withdrawing capital crime, created the preconditions for the bank to recover the loss in the subsequent civil action make "deposits"; law of the people's Republic of China standard legal relationship of deposit, circle "Malicious deposit act" and its legal liability, illegal intermediary activities punish money brokers. News reports in August 25th eleven session of the National People's Congress Standing Committee of the sixteenth session of the criminal law amendment (eight) (Draft), the paper proposes for the first time to cancel the 13 death penalty charges existing, including related fraud bank notes fraud, financial documents fraud, credit card fraud. In the crime of financial fraud is rampant in the background, really worrying! "To one hundred percent of the profits, it dares to trample on all human laws; three hundred percent of the profits, it dares to commit any crime, even at the risk of the gallows." This section of the Marx once cited a nineteenth Century British critic, seem to indicate that the death penalty is a deterrent to punish the crime of financial fraud. Abolition of death penalty of crime of financial fraud, ever.

A conclusion

Bank deposits were case event, will give the bank left forever pain, in the depths of the soul cover lingering shadow, leaving the imprint is engraved on my heart. memory in employee heart. This kind of case form reflects the operational risk of banks, essentially by shifting the social credit risk to the commercial bank, further verify the operational risk, and risk prevention is always no bottom. According to ancient Rome military scientist Vegetii said: "you want peace, prepare for war." Therefore, the banking industry must firmly establish the long-term "war" thought. "Most unfortunate people are evil, overwhelming misfortune" ("moral proverbs"). Bankers should face financial crime on the strategy, in the tactical importance to the prevention of financial crime. If there is no SARS, who will pay attention to the health and epidemic prevention? Case prevention and control work should speak every day, month, year, and to prevent the emergence of "emotional inspection". Despite a series of remedial measures after the incident and not too late, but not a rainy day to construct the case prevention and control system is more important. To the steady development of banking industry, from the perspective of the banks, we should improve the long-term mechanism of large sums of money being the case prevention and control; from the national point of view, we must construct the case prevention and control system of banks have large deposits. Needs to be emphasized is, use of electronic payment cipher technology measures, strengthen internal management, enterprise deposit legislation to punish illegal intermediary, if funds brokers malicious depositors fault liability in accordance with the law, it is urgent to solve the major problems facing large deposit fraud cases China banking control.

[note]

In this paper, to participate in the Shanghai Financial Law Research Institute, Chinese Communist Party Shanghai Finance Commission for Discipline Inspection, the Legislative Council of the Shanghai Institute, Shanghai financial legal system of Finance Committee in 2010 October Office of procuratorial work "under the new situation of financial crime coping mechanism" seminar sign and write text;

In this paper, part of the "construction of large deposits of commercial banks cheated control system" as the title of the total, to "face the deceived bank case", "give full play to the functions of anti money laundering", "strengthen the deposit management", "prevention of staff fraud risk", "bank enterprise linkage control case", "severely crack down on illegal financing for small" etc. the title, in 2011 January 4th, in January 11 days, 25 days, 8 days, 15 days in February 1st, the "Shanghai newspaper" (financial institutions / legal);

The content of this paper has to "on the construction of a large deposit cheated case prevention and control system of commercial banks (on)" in the title, contained in the "city bank" (Shanghai bank journal) 2010 third and "on the construction of a large deposit cheated case prevention and control system of commercial banks on the (under)" in the title, contained in the "city bank" (Shanghai bank journal) 2011 first.

This paper (part of) the title to "thinking" to build large deposit cheated case prevention and control system of commercial bank, contained in the Shanghai Financial Law Research Institute, the Shanghai City Commission for Discipline Inspection, Shanghai Financial Legislation Research Institute, Shanghai financial legal system of Procuratorial Work Committee of the financial group, with Ni Weiyao as the chief editor, deputy editor Wu Hong, Liu Xiaoming, new under the situation of financial crime response mechanism of the Shanghai University of Finance and Economics Press published "" (ISBN 978-7-5642-0989-6/F.0989), in 2011 07 months first, 581st - 594 pages.