一、法律风险案例 Legal risk case
1.案例介绍 Case introduction
Recently, bank acceptance bill fraud cases occurred in several design institutes in Beijing, including one case whose involved amount is 1000000 yuan.
The owner payed 1000000 yuan design fee to XX design institute (hereinafter referred to as the design institute) by the Endorsement of a bank acceptance bill (hereinafter referred to as the bill), the expiration date is April 30th, 2012 and with 8 successive endorsements. February 15, 2012, the design institute endorsed the bill to the subcontractor to pay the contract price.
In February 16, 2012, the subcontractor held the bill to the bank for discount. In February 20th, the bank noticed the subcontractor that the bill is forged, and seized by the bank. Subsequently the subcontractor immediately recourse to the design Institute, and the design Institute also recourse to the owner. While the owner put forward settlement demands to its direct endorsement unit (the last unit). Now the case of forging bank acceptance bill is still in negotiations.
2.案例分析 Case analysis
The features of the case:
① large amount of money involved (the amount is 1000000 yuan); ②many times of endorsement (9 times); ③ many related units(10 related units).
Common fraud forms of bank acceptance bill:
①克隆银行承兑汇票诈↘骗（本案例）； Copy bank acceptance bill (just this case);
②假银行承兑汇票诈骗；Fake bank acceptance bill;
③银行承兑汇票贴现诈骗。Bank acceptance bill discount fraud.
二、预控→风险的建议 Recommendations to pre-control the risk
In order to pre-control the relevant risks, after the discussion by Group Security and Legal Department, Group Finance Department and outside counsel, they unanimously suggest:
Combining with the actual situation, please take appropriate methods of settlement in the following order:
1) Bank transfer 2) check 3) Domestic letter of credit 4) Bank acceptance bill 5) Commercial acceptance bill. For customers with bad credit, we suggest to take the first three methods of settlement of accounts.
For Bank acceptance bill, please take the following resolutions:
Check taker take the preliminary examination of the bill, if altered, mutilated, incomplete elements, missing signature, endorsement discontinuous check taker could directly rejected;
After Finance Department received the bill, they should check the bill carefully according to relevant regulations, copy and retain the signature of the endorser and bank acceptances and all transfers of money orders;
Financial department could inquire the bill information through a bank or through Trade and Industry inquiry system and other means, to check the credit status of the drawer and endorsers;
If bad credit status of the drawer or any endorser, or doubts about the credit status of the drawer or any endorser, it is recommended to apply for the discount to the bank;
Be there any disputes in acceptance; please resolve in the following procedures:
①尽快通知下家单位协商解决；Notify the next unit to discuss the resolutions as soon as possible;
Notify the last unit about the fake bill instantly, and demand the payment during the acceptable period of the next unit;
If could not come to agreements with the last unit, may discuss with legal departments about the resolutions.