2024: Guizhou Contractor Tried to Collect Local Government Debt, Prosecuted for Causing Trouble

When I worked in Chengdu 2007 – 2012, I noticed that many cases of workers protesting (sometimes sending a delegation to petition for redress at higher levels, embarrassing the local government) because of back wages arose when local government failed to pay a construction company. Then it comes back at the local government as a local ‘social stability problem‘. In this case the contractor took on loans on her home and car to pay her migrant workers in full, but still owes large sums to suppliers yet the local government refuses to pay and is being prosecuted to pursuing debt collection against it.

Not a great business climate, though things generally things are worse in an impoverished interior province like Guizhou.

Local governments in China still have big fiscal problems, perhaps much bigger lately. The story translated below from Guizhou is a current example. Interesting that it makes it into the press. Sometimes when that happens, the Center is ready to crack down. Or journalists are brave.

See:

Thank you to Li Qianren on Twitter for sharing this story.

[Baidu online encyclopedia derived note: Shuicheng District, part of Liupanshui City, Guizhou Province; located inthe western part of Guizhou Province, [8] neighboring Liuzizhi Special ZoneandNayong County in the east,Weining County and Xuanwei Countyin the west,Panxian CountyandPu’an Countyin the south, and Hezhang County in the north. [1] The total area is 3054.92 square kilometers. [8] In 2022, the resident population of Shuicheng District was 622,500 people. [9] As of June 2023, Shuicheng District is under the jurisdiction of 9 streets, 11 towns, 10 townships, [7] The district government is stationed at No. 1 Shuangshui Avenue, Shuangshui Street; [2]


Business Woman arrested for “provoking trouble” over $100 million in debt, government only willing to pay $12 million

女企业家讨工程款陷“寻衅滋事”被批捕 过亿债务政府只愿给1200万

China Business (a Beijing newspaper)

February 26, 2024

Beijing, capital of People’s Republic of China

By Hao Cheng Beijing

Ethnic minority businesswoman Ma Yi Jia Yi 马艺珈伊, after building 10 government projects for Liupanshui, Guizhou Province, including a relocation project for poverty alleviation (a project funded by the central government for poverty alleviation), kindergartens, and elementary school, continued to demand payment for the projects for eight years. At the end of 2023, on the day of a hearing before the Guizhou Provincial Higher People’s Court, she was criminally detained by local public security officers on suspicion of provoking trouble.

The China Business News reporter verified that before her, more than 10 people, including lawyers and paralegals, who represented her in debt enforcement, had been criminally detained, and the suspected crimes were all provocative crimes. The matters involved, namely, the lawyer and others had been in microblogging, jitterbugging release of relevant debt and litigation information. The lawyer had also mailed a letter reporting an official of the Shui Cheng District Government to the official himself. The report, on the other hand, concerned the non-payment of debts, illegal unfreezing, and the whereabouts of a large amount of money.

The Shuicheng District government 水城区政府 refused to pay on the grounds that part of the project had not been audited. The enforcement attorney retrieved bank information through a court investigation order and found that the government platform company had taken out a loan of 580 million yuan at two State-owned banks, which had not been used for the purpose for which it was borrowed and had been transferred to a number of affiliated companies, suspected of fraudulently obtaining the loan. The enforcement attorney suspected that the prolonged absence of audits was related to the suspected fraudulent lending practices.

[Note: government platform company (via Baidu) : State-owned financing platform companies mainly refer to “local investment and financing platforms”, which, unless otherwise specified, are investment and financing platform companies specifically established by local governments at all levels.]

Effective judgments, execution rulings and other materials show that at least four litigated debts totaling 69,546,300 yuan. And enterprise statistics believe that another project owes 152,476,600 yuan, that is, Liupanshui City ShuiCheng District Government owes the enterprise a total of about 220 million yuan. And a reporting document from the local government acknowledges that more than 90 million yuan is owed.

Multiple parties confirmed that before Ma Yi Jia Yi and others were arrested, the district government once proposed to 12 million yuan to resolve all the debts, was rejected by her and her attorney, and then the case. Reporters have contacted the relevant person in charge of the water city district on the debt, criminal case, but as of press time, no positive response.

“Investigative Errors”

Ma Yijay, 47, studied law and at one point wanted to practice law.

After rejecting the district government’s program to resolve the debt, Ma Yijiaoyi feared that she would be arrested, left a letter to her family, detailing her debt collection experience: “I had a court document with two court seals on it. Why wouldn’t anyone pay attention? Why did the enforcement judge privately unfreeze the frozen money? Why didn’t the president of the instruction see this as illegal? Why does no one dare audit the accounts of the forest company? Where did the hundreds of millions of dollars of fraudulent loans go? Why has the Forest Company become an empty shell of a rogue, where did the money go?”

She did not think she was “provoking trouble”, but that some people wanted to “criminalize debt”.

Yijay Ma Interviewee’s photo

The debt originated from the construction for the government – from 2016, Ma Yijiaoy with Guizhou Yijiaxu Construction Engineering Company Limited (hereinafter referred to as “Yijiaxu Company”) and Guizhou Hongruiteng Construction Engineering Company Limited (hereinafter referred to as “Hongruiteng Company”) two companies successively undertook the construction of Liupanshui Shucheng Yushe Forest Tourism Co. (hereinafter referred to as “Hong Ruiteng Company”), successively undertook the construction of Liupanshui City Shucheng District Yushe Forest Tourism Company Limited (Shucheng District Government’s platform company, hereinafter referred to as “Forest Company”) and Liupanshui City Noyu Hai Mountain Tourism Resort Management Committee (hereinafter referred to as “Noyu Hai Management Committee”), and the construction of the construction of a new mountain resort in Liupanshui City. (hereinafter referred to as “Forest Company”) and Liupanshui Nuyu Hai Mountain Resort Management Committee (hereinafter referred to as “Nuyu Hai Management Committee”).

These projects include: Shucheng District Yushe Township Haiping Resettlement Point Relocation Project of Poverty Alleviation and Relocation of the Fourth Bid Project (Central Special Poverty Alleviation Funds, hereinafter referred to as the “Relocation Project”), Shucheng District Yushe Township Haiping Kindergarten, Haiping Elementary School, Noyu Hai Holiday Resort Whiplash Township, the World Whiplash Culture Museum, the Noyu Hai Bicycle Raceway, the Ximojia Yi history and culture museum, green forest hotel, monorail elevated excursion bus, etc..

“Eight projects were handed over to all put into use on August 13, 2019, respectively, and two (Whiplash Town Project, Bicycle Track) were notified to slow down the construction due to the contractor’s forest company, Noyu Hai Management Committee does not pay for the project in accordance with the contract and has not paid the people’s compensation for the land, the occupancy of the forest land, and other reasons… … “Ma Yijai said in the letter.

Few visit Noyuhai Mountain Tourism Resort in Shucheng District, Liupanshui City. Interviewee’s photo

Public information shows that the previous MaYiJiaYi company constructed “Haiping thousand household village” in 2016 after the handover, had been rated as the poverty alleviation benchmark in Guizhou province, with its “Whip Tuo Folk Exercise Museum” was rated as “the world’s largest whip tuo museum “. However, due to reasons such as being owed project payments, on January 22, 2020, two enterprises under the name of Ma Yi Jia Yi completely withdrew from the construction of the Wild Jade Sea project, and handed over the information to request an audit settlement.

However, after waiting for nearly a year, December 6, 2020, Ma Yijia Yi suddenly arrested to the Water District Public Security Bureau, suspected of “refusing to pay wages to migrant workers” as the reason for being criminally detained, and then do a bail pending trial. 2021 March police to “investigative errors” In March 2021, the police released the suspects on the grounds of “investigative errors”.

The Haiping Primary School in Yushe Town, Shucheng District, Liupanshui City, which has been put into use. Photo by the interviewee

“In order to pay wages to the migrant workers, she put took out loans on her house and car, scrambled to borrow money to pay wages. The company does not owe wages to migrant workers, but still owes a lot to material suppliers. She has said that even if all the project money comes in, she’ll have to give it all to the material suppliers, because the arrears of interest in the past few years have to be counted in what is owed them.” Mr. Zhang told reporters.

Ma Yi Jia Yi also recounted in the letter that he was forced to go through the debt: “2020 February began, machinery, materials and construction groups began to force the recovery of arrears, I sold my car and house is a drop in the bucket, and even the Wild Jade Sea Management Committee so-and-so, the forest company leader so-and-so and others have repeatedly led dozens of material traders and other debtors, abusing me, spitting, house arrest me, to my office drinking, urinating, vandalism, throwing paint. Pissing, smashing, splashing paint. However, it is clear that the Shuicheng District government owes money but won’t pay ah. On August 20, 2022 I was beaten all over the body soft tissue contusion, left rib fracture, and my right leg knee was hurt so much that I still can’t walk normally.”

A number of documents show that into 2021, in the Ma Yi Jia Yi to Liupanshui City, Guizhou Province to reflect the relevant situation, the forest company, the Wild Jade Sea Management Committee were issued documents to prove that owed two enterprises under the name of Ma Yi Jia Yi project payment is true, and explains that the project has not been audited is the reason for the contractor.2021 September 3, CCTV network made a report on this, the local government responded that it will pay the debt as soon as possible.

“Provocations”

Documents show that in June 2021, Forest had a repayment plan in place, acknowledging that three audited projects had not been paid for their work (which included projects funded by the Central Poverty Alleviation Fund (CPAPF)), and that another seven projects would be actively financed, but that this was not ultimately fulfilled.

In 2022, a number of lawsuits filed by Hong Ruiteng and Yijiaxu under the name of Ma Yijiaoy against the Forest Company and the Noyu Hai Administrative Committee for defaulting on the project payments entered the execution stage one after another. in August 2022, Ma Yijiaoy hired Hou (former lawyer of a certain Beijing law firm) and Tang, a lawyer of Beijing (Kunming) Law Firm, to follow up on the execution.

Haiping Kindergarten, Yushe Town, Shucheng District, Liupanshui City. Interviewee’s picture

However, Ma Yijai and her lawyers found that the Forest Company’s property had been transferred and turned into a shell company, while the Noyu Hai Management Committee had been canceled. At the same time, they also discovered that the local government had begun to deceive their superiors and subordinates in the reported documents – Ma Yijayi claimed that an official of the ShuiCheng District Government had repeatedly lied to his superiors that he had already paid for the project, and did not register Ma Yijayi’s company’s claims in the reported materials.

In September 2022, during negotiations, representatives of the Shui Cheng District Government and leaders of the Shui Cheng District Culture and Tourism Investment Group stated that they did not recognize the amount determined by the effective judgment and arbitration, and said that the district government would immediately set aside the arbitration award. And when the land-based poverty alleviation project entered the implementation stage three years after the lawsuit was initiated, the local government went so far as to claim that the project had earlier been overpaid by 9 million yuan.

The World Whiptuo Culture Museum, located in the Noyuhai Resort in Shucheng District, Liupanshui City, was completed and delivered in 2017. Photo by the interviewee

With the efforts of the lawyers, in March 2023, the Liupanshui Intermediate People’s Court made a final decision to uphold the award of the Liupanshui Arbitration Commission, and in April 2023, Ma Yijiai applied to the Liupanshui Intermediate People’s Court for compulsory execution. The public number “Liupanshui Intermediate Court” had issued two bounty announcements on September 22, 2023, because the property under the name of the forest company could not cover the subject matter of the execution, offering a reward of 100,000 yuan for its property clues.

All along, Forest Company and the Noyu Hai Management Committee have refused to pay on the grounds that the project has not been audited.

However, Tang through the court issued an investigation order to access the bank water, loan information found that the Forest company had a large state-owned bank in Liupanshui branch loan 400 million yuan, another large state-owned bank in Liupanshui branch loan 180 million yuan, but these loans were not used for the purpose of borrowing, but to a number of affiliated companies, suspected of fraudulent loan crimes. Tang suspected that the forest company refused to audit, and the suspected fraudulent loan behavior.

At the same time, Tang also discovered that the bike course, which was contracted by the Wild Jade Sea Management Committee, had been fined by the Shui Cheng County Forestry Bureau in November 2018 for illegally occupying 4.87 acres of forest land.

On March 21, 2023, at Tang’s request, the Shuicheng District Court froze $15 million of the executor’s money. However, by April 11, the Shuicheng District Court suddenly lifted the freeze without reason. According to a person surnamed Hou, Tang repeatedly with the court responsible for the implementation of the judge, the other side said that the court leadership instructed by the district leadership of the decision, they can not help.

MaYiJiaYi mentioned in the letter, due to the water city government leaders, the court staff repeatedly backtracked, and ask “you have a video recording to prove it”, so the lawyer in the late case, are taken to record the video recording to retain evidence.

2023 Beginning in September, Hou and Tang reflected to all levels and posted information via Weibo and Jitterbug, criticizing the ShuiCheng District Government and the ShuiCheng District Court for illegally unfreezing the case, which made it impossible to execute. Hou Moumou had been handcuffed by bailiffs when he went to the Liupanshui Intermediate People’s Court to negotiate – he posted the above video on Weibo and Jitterbug.

On November 20, 2023, Ma Yijai went to Kunming and negotiated the case with Tang downstairs at the law firm. The Shuicheng District Public Security Bureau arrested Tang in front of Ma Yijiaoy, but did not arrest Ma Yijiaoy on the spot. Friends and relatives confirmed that after the water city government again and Ma Yijiajie negotiation, asked to 12 million yuan to level the accounts, all the remaining debt is canceled, was Ma Yijiajie refused.

Ma Yijayi was placed in criminal detention on November 27, 2023 Hou Moumou was arrested at the end of December 2023 after hiding for several days. Eventually, the Liupanshui Shucheng District Public Security Bureau criminally detained Ma Yijiai, a person surnamed Hou, a person surnamed. Tang, and nine paralegals, and in January 2024, Ma Yijiai, Hou, and Tang were approved for arrest, and the nine paralegals were released on bail pending trial.

Criminal detention and approval of arrest were both for the crime of picking quarrels and provoking trouble, and the facts of the crime, namely, posting microblogs, jitterbugs and retweets, as well as mailing a letter of report against a leader of the government of the city of Suicheng District.

At present, the case materials have been transferred to the Liupanshui City Shucheng District Procuratorate for examination and prosecution.

Excerpts from a letter from Yijay Ma:

In September and October 2023, Chairman Zhu, Chairman Liu, and Shui Cheng District legal advisors Han and Chen repeatedly approached Attorney Tang and Hou to negotiate, saying that “the district will settle all the $200 million-plus debt for $15 million,” and later said, “The district will just give $12 million to settle the More than 200 million dollars of debt.” They even slandered my Ma Yi Jia Yi “many times to go to Macao to gamble, gambling loss of tens of millions of dollars, etc.”, I, Ma Yi Jia Yi has never been to Macao, never out of the border, you can go to the immigration center to check. As the government’s public leaders and legal counselor of ShuiCheng District, he openly slandered the person concerned, Ma Yi Jia Yi 马艺珈伊, for escaping debts. (Negotiation participants Hou Moumou, Qu Moumou have recordings, cell phones were detained by the Shuicheng District Public Security Bureau.)

I am an ethnic minority women entrepreneurs, during the epidemic to Liupanshui City made a contribution to the anti-epidemic, and won the Guizhou Provincial Federation of Industry and Commerce to the awards and other commendations, Liupanshui Daily and Liupanshui government public recognition, funding countless impoverished students to go to school, drive the disabled and veterans employment, Liupanshui City, contribute to the tax Liupanshui City, Liupanshui City, ShuiCheng County, contribute to the poverty alleviation, Liupanshui City, the Wild Jade Scenic Area rated as a contribution to the 4A level. Icy weather, New Year’s Eve, still with hundreds of workers adhere to the construction post construction, 24 hours a day and night to grab the schedule, and ultimately was over the bridge, the enterprise was owed project payments, debt, borrowing money from all over the place, employees are unemployed, corporate bankruptcy into a defaulter, the workers have no work to do coupled with an epidemic, the elderly have no money to pay for treatment, the children have no money to go to school, the debt is high, the displacement, I was beaten and fractured the left rib so far, the right leg can’t I was beaten left rib fracture so far, the right leg can not walk normally, hiding, living in fear nightmare, the contractor government public leaders deceived the top and bottom of the people surrounded me, spit, house arrest me, when entrusted to the Tang Mou, Hou Moumou lawyers, I hope that they can use the law to protect the weak.

Why are 2 official seals of a court left unattended? Why did the enforcement judge unfreeze the frozen money on his own? Isn’t the president’s instruction illegal? Why are Forestry’s accounts not audited? Where did the hundreds of millions of dollars in fraudulent loans go? Why has Forest become an empty shell? Where’s the money?

The pen to this point, tears falling like rain, the heart is not willing, the law does not rule the crowd Yi hard to convince. In a few days I am likely to be arrested, but as long as it is not the death penalty, today living with the purpose is: “must ask for a statement, unless I am put to death.”

(Editing: Meng Qingwei Proofreading: Yan Jingning)


女企业家讨工程款陷“寻衅滋事”被批捕 过亿债务政府只愿给1200万

中国经营报2024-02-26 10:04北京

本报记者 郝成 北京报道

少数民族女企业家马艺珈伊,为贵州六盘水承建易地扶贫搬迁工程(中央专项扶贫资金项目)、幼儿园、小学等10个政府项目后,持续讨要工程款8年。2023年年末,在贵州省高级人民法院听证会召开当天,她被地方公安以涉嫌寻衅滋事罪刑事拘留。

《中国经营报》记者核实,在她之前,为她代理债务执行的律师、律师助理等10余人已被刑事拘留,涉嫌罪名均为寻衅滋事罪。所涉事项,即律师等人曾在微博、抖音发布相关债务、诉讼信息。律师还曾将举报水城区政府某官员的信,邮寄给了这位官员本人。举报内容则涉及欠债不还、非法解冻、大量资金去向等问题。

水城区政府拒绝支付的理由是部分项目未审计。执行代理律师通过法院调查令调取银行资料发现,政府平台公司在两家国有银行贷款5.8亿元,并未用于借款用途,并转入多家关联公司,涉嫌骗取贷款。执行代理律师怀疑长期未审计,与该涉嫌骗取贷款行为有关。

生效判决、执行裁定等材料显示,至少有4笔经诉讼确定的债务总额为6954.63万元。而企业统计认为,另有项目欠款15247.66万元,即六盘水市水城区政府共欠企业约2.2亿元。而地方政府一份汇报文件则承认有9000余万元欠款。

多方证实,马艺珈伊等人被抓前,区政府一度提出以1200万元化解所有债务,被她和代理律师拒绝,随即案发。记者曾就债务、刑案等问题联系水城区相关负责人,但截至发稿,未获正面回应。

“侦查失误”

现年47岁的马艺珈伊,曾学习法律,更一度想要从事法律工作。

在拒绝区政府化债方案后,马艺珈伊担心自己被抓,给家人留下了一封信,详述了自己的讨债经历:“一个法院2个公章为何无人过问?执行法官为何私自解冻冻结款?院长指示不违法吗?森林公司账务为何不敢审计?骗贷数亿去哪了?为何森林公司成老赖空壳,钱呢?”

她认为自己并未“寻衅滋事”,而是有些人想要“以刑化债”。

马艺珈伊 受访者供图

债务源自给政府施工——从2016年开始,马艺珈伊以贵州艺珈旭建筑工程有限公司(以下简称“艺珈旭公司”)和贵州鸿瑞腾建筑工程有限公司(以下简称“鸿瑞腾公司”)两家公司,陆续承建了六盘水市水城区玉舍森林旅游有限公司(水城区政府的平台公司,以下简称“森林公司”)和六盘水市野玉海山地旅游度假区管理委员会(以下简称“野玉海管委会”)发包的10个政府项目。

这些项目包括:水城区玉舍镇海坪安置点易地扶贫搬迁工程四标段项目(中央专项扶贫资金,以下简称“易地扶贫项目”)、水城区玉舍镇海坪幼儿园、海坪小学、野玉海度假区鞭陀小镇、世界鞭陀文化博物馆、野鸡坪自行车赛道、希慕遮彝族历史文化博物馆、绿色森林酒店、单轨高架游览车等。

“8个项目分别于2019年8月13日全部移交投入使用,2个(鞭陀小镇项目、自行车赛道)因发包人森林公司、野玉海管委会不依照合同支付工程款及未支付老百姓土地赔偿款、占用林地等原因通知施工人缓建……”马艺珈伊在信中称。

游人稀少的六盘水市水城区野玉海山地旅游度假区。 受访者供图

公开信息显示,此前马艺珈伊公司承建的“海坪千户寨”在2016年移交后,曾被评为贵州省脱贫标杆,“鞭陀博物馆”则被评为“世界最大鞭陀博物馆”。不过由于被拖欠工程款等原因,2020年1月22日,马艺珈伊名下两家企业彻底退出野玉海项目建设,并移交资料请求审计结算。

然而等待近一年后,2020年12月6日,马艺珈伊突然被抓到水城区公安局,以涉嫌“拒不支付农民工工资”为由被刑事拘留,后办取保候审。2021年3月警方以“侦查失误”解除嫌疑。

已投入使用的六盘水市水城区玉舍镇海坪小学。 受访者供图

“为了给农民工发放工资,她把房子、车子都抵出去了,东拼西凑借钱发工资。公司是不拖欠农民工工资的,但拖欠材料供应商很多。她说过,就算全部工程款要回来,也基本上又得拿去给材料商,因为这几年拖欠的利息也要算的。”知情人张先生告诉记者。

马艺珈伊也在信中讲述了自己被逼债的经过:“2020年2月开始,机械商、材料商及各施工组开始逼迫追要欠款,我卖车卖房也是杯水车薪,甚至野玉海管委会某某、森林公司领导某某等人多次带领材料商等债主几十人,辱骂我、吐口水、软禁我,到我办公室喝酒撒尿、打砸、泼油漆。可是,明明是水城区政府欠钱不给啊。2022年8月20日我被殴打全身软组织挫伤、左肋骨骨折,右腿膝关节至今不能正常行走。”

多份文件显示,进入2021年,在马艺珈伊向六盘水市、贵州省反映相关情况后,森林公司、野玉海管委会分别出具文件,证明拖欠马艺珈伊名下两家企业工程款属实,且说明项目未审计是发包人原因。2021年9月3日,央广网对此做了报道,当地政府回应称会尽快还债。

“寻衅滋事”

文件显示,2021年6月,森林公司曾制定还款计划,承认3个已审计项目未支付工程款(其中包括中央专项扶贫资金项目),另7个项目将积极筹资,但最终并未履行。

进入2022年,马艺珈伊名下鸿瑞腾公司、艺珈旭公司针对森林公司、野玉海管委会拖欠工程款的多项诉讼,陆续进入执行阶段。2022年8月,马艺珈伊聘请侯某某(原北京某某律师事务所律师)、北京某某(昆明)律师事务所唐某律师,跟进执行。

六盘水市水城区玉舍镇海坪幼儿园。 受访者供图

但马艺珈伊和律师发现,森林公司的财产被转移,有变为空壳公司之嫌,而野玉海管委会则被注销。与此同时,他们还发现当地在上报的文件中,开始欺上瞒下——马艺珈伊称,水城区政府某官员曾多次向上级谎称已结清工程款,在上报材料中不登记马艺珈伊公司的债权。

2022年9月,在谈判中,水城区政府代表、水城区文旅投集团领导表示,不认可生效判决和仲裁认定的金额,并称区政府会马上把仲裁的裁决书撤销。而易地扶贫项目在诉讼发起3年后进入执行阶段时,当地竟称该项目早前已超支付900万元。

位于六盘水市水城区野玉海度假区的世界鞭陀文化博物馆,于2017年竣工验收并交付使用。 受访者供图

在律师努力下,2023年3月,六盘水市中级人民法院终审裁定维持六盘水仲裁委的裁决书。2023年4月,马艺珈伊依法向六盘水市中级人民法院申请强制执行。公众号“六盘水中院”曾于2023年9月22日发布两份悬赏公告,因森林公司名下财产无法覆盖执行标的,悬赏10万元征求其财产线索。

一直以来,森林公司、野玉海管委会拒绝支付的理由是:项目未经审计。

但唐某通过法院开具的调查令调取银行流水、贷款资料发现,森林公司曾在某国有大行六盘水分行贷款4亿元、另一国有大行六盘水分行贷款1.8亿元,但这些贷款并未用于借款用途,而转入多家关联公司,涉嫌骗取贷款罪。唐某怀疑,森林公司拒绝审计,与该涉嫌骗取贷款行为有关。

同时,唐某还发现,野玉海管委会发包的自行车赛道,曾于2018年11月被水城县林业局因非法占用林地4.87亩,被处以罚款。

2023年3月21日,在唐某要求下,水城区法院冻结被执行人1500万元。但到4月11日,水城区法院却突然无理由解除冻结。侯某某、唐某多次与法院负责执行的法官交涉,对方称是法院领导受区领导指示的决定,自己也没办法。

马艺珈伊则在信中提到,由于水城区政府领导、法院人员多次出尔反尔,且问“你有录音录像证明吗”,因此,律师在后期办案时,均采取录音录像留存证据。

2023年9月开始,侯某某、唐某向各级部门反映,并通过微博、抖音发布信息,批评水城区政府与水城区法院非法解冻,导致无法执行。侯某某去六盘水中级人民法院交涉时,曾被法警戴上手铐——他把上述视频发布在微博和抖音。

2023年11月20日,马艺珈伊去昆明,在律所楼下和唐某协商案情。水城区公安局当着马艺珈伊的面,将唐某抓走,但未当场抓走马艺珈伊。亲友证实,此后水城区政府再次和马艺珈伊谈判,要求以1200万元平账,剩余所有欠债一笔勾销,被马艺珈伊拒绝。

马艺珈伊于2023年11月27日被刑事拘留。侯某某躲藏多日后,于2023年12月底被抓获。最终,办案单位六盘水市水城区公安局刑事拘留了马艺珈伊、侯某某、唐某,以及9名律师助理等人。2024年1月,马艺珈伊、侯某某、唐某等人被批准逮捕,9名律师助理则被取保候审。

刑事拘留和批准逮捕的罪名均为寻衅滋事罪,犯罪事实即为发布微博、抖音和转发,以及邮寄针对水城区政府某领导的举报信。

目前,该案材料已移送六盘水市水城区检察院审查起诉。

马艺珈伊来信摘录:

2023年9月、10月,朱某某董事长、刘某某董事长及水城区法律顾问韩某某、陈某某多次找唐律师、侯某某谈判,说“区里要以1500万化解所有2亿余元的债务”,后又说:“区里就给1200万元化解2亿余元的债务。”甚至污蔑我马艺珈伊“多次去澳门赌钱,赌输几千万元等”,我马艺珈伊至今从未去过澳门,从未出过境,可去出入境中心查询。作为政府公职领导及水城区法律顾问公开污蔑当事人马艺珈伊逃债务。(谈判参加人员侯某某、屈某某均有录音,手机被水城区公安局扣留。)

我是一名少数民族女企业家,疫情期间给六盘水市作了抗疫贡献,并获得贵州省工商联致以奖状等表彰,六盘水日报及六盘水政府公开表彰,资助无数贫困学生上学,带动残疾人与退伍军人就业,为六盘水市税收作贡献,为六盘水市水城县脱贫作贡献,为六盘水市野玉景区评为4A级作贡献。冰天雪地,大年三十,仍然带着上百工人坚守施工岗位施工,白天黑夜24小时抢工期,最终被过河拆桥,企业被拖欠工程款后,债务累累,四处借钱,员工失业,企业破产成失信人,工人无活干加之疫情,老人无钱治疗,孩子无钱上学,债台高筑,流离失所,我被殴打左肋骨折至今,右腿不能正常行走,东躲西藏,时时生活在恐惧噩梦中,发包人政府公职领导欺上瞒下带人围殴我,吐口水、软禁我,当委托到唐某、侯某某律师后,我希望他们能用法律保护弱者。

一个法院2个公章为何无人过问?执行法官为何私自解冻冻结款?院长指示不违法吗?森林公司账务为何不敢审计?骗贷数亿元去哪了?为何森林公司成老赖空壳,钱呢?

落笔至此,泪如雨下,心有不甘,法不治众伊难服。过几天我很可能被抓,但只要不是死刑,今生活着目的就是:“一定要讨个说法,除非置我于死地。”

(编辑:孟庆伟 校对:颜京宁)

About 高大伟 David Cowhig

After retirement translated, with wife Jessie, Liao Yiwu's 2019 "Bullets and Opium", and have been studying things 格物致知. Worked 25 years as a US State Department Foreign Service Officer including ten years at US Embassy Beijing and US Consulate General Chengdu and four years as a China Analyst in the Bureau of Intelligence and Research. Before State I translated Japanese and Chinese scientific and technical books and articles into English freelance for six years. Before that I taught English at Tunghai University in Taiwan for three years. And before that I worked two summers on Norwegian farms, milking cows and feeding chickens.
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