【新唐人2013年07月16日訊】前湖南三館房地產開發集團公司總裁曾成傑，涉嫌以高額利息對外吸金，7月12被處死刑。曾成傑的律師告訴本臺記者，曾成傑的爭論焦點，不是該不該判死刑，而是有沒有罪？律師指出，當局為了掩蓋過錯處死曾成傑。同時律師披露，湘西集資案五人領導小組當中，一個是現今的政治局委員張春賢，一個是現任最高法院院長周強。
湘西非法集資案主犯曾成傑被控非法吸金34.52億元人民幣。曾成傑女兒曾珊12號在微博發佈消息說：曾成傑已經被執行死刑了，家屬連他的最後一面也沒見到！當局沒有通知家屬！
週一，曾珊再連發幾條微博表示，「終於拿到了父親的骨灰，我不敢相信父親真的去世了！連屍體都看不到！」
曾成傑的二審辯護人，北京市盛廷律師事務所律師王少光，7月15號告訴《新唐人》，如果說曾成傑有罪，那也是很輕的罪。
曾成傑辯護律師王少光：「這個案件嚴格從法律來講，它屬於非法吸收公眾存款罪。但是根據法律規定，它應該屬於免於刑事處罰的。因為他這個融資，是政府支持，政府鼓勵，政府參與的，做的政府重點工程，如果曾成傑構成了非法吸收公眾存款罪，那麼當地政府是同案犯也得判刑。政府的領導也要判刑。」
據了解，非法吸收公眾存款最多刑期是十年，而集資詐騙最高刑期是死刑。可是非法吸收公眾存款，如果能夠還清老百姓的錢的話，是不追究刑事責任的。
曾成傑所欠的融資本金為12.5億，而曾成傑的三館公司已經支付了9.4億的利息和1.1億的客戶獎勵，也就是說，三館欠群眾的絕對本金是2億元。根據當時當局對三館資產所做的資產評估，資產價值為23.8億，足以抵債。
王少光：「如果不扣除利息呢，他也只欠12.5億，當時三館公司的資產價值是23.8億，那還剩11個億呢﹖」
那麼，三館公司的資產到哪裏去了呢？王少光說，湖南省政府沒有經過任何法定手續，包括資產評估法律文書，扣押法律文書，處置法律文書，就把公司財產給強行拿走了。
王少光：「拿走以後把這個財產給誰呢？給了自己的獨資企業雲泰公司，獨資企業雲泰公司又把這幾十個億資產給了誰呢？給了湖南省的獨資企業財信公司，也就是說，轉來轉去，把企業的資產搶走以後，都沒有跑出他湖南省政府的腰包。然後就說你的財產不值錢，你資不抵債，然後把人給你槍斃了。」
王少光介紹，在2008年三月以前，湘西政府大力鼓勵支持民間融資，自從更換當局領導以後，卻開始打擊民間融資。
王少光：「特別是2008年6月26號，發了一個內部文件，要求它的黨政幹部退出融資，這樣黨政幹部就提前退出融資，一退出融資，自然就造成民間融資，企業資金鍊斷裂，完全是政府的錯誤行為造成的。它判決曾成傑死刑，就是為了掩蓋當地政府官員的過錯。」
王少光還透露，當局當時處理湘西集資案件的五人小組名單當中，組長是現任中央政治局委員的張春賢，副組長中有一位是目前的最高法院院長周強。
網上流傳曾成傑遺書，其中講述吉首市政府設套抓捕22名民營企業老闆，遺書控訴當局權大於法，曾成傑預感等不到司法公正的那一天。王少光表示，這封信是曾成傑親手交給他的。
最高法院6月14號核准曾成傑死刑，但沒有告訴家屬和律師，執行死刑前後也不讓家屬見面，家屬最後只領到曾成傑的骨灰。
法律規定，執行死刑之前不但應徵求本人意見要不要見家屬，也要徵詢家屬的意見。而且，曾成傑的律師表示，至今沒有收到高院核準死刑的通知。
採訪編輯/秦雪 後製/李月
Lawyer: The Regime Kills Zeng Chengjie to Cover up Mistake
Former president of San Guan Real Estate, Zeng Chengjie,
allegedly attracted funds with high interest rates.
He was later executed on July 12.
Zeng Chengjie’s lawyer told NTD that the debate was not about
the death sentence, but about if he’s indeed guilty of a crime.
The lawyer indicated that the death sentence was a
cover up for the officials involved.
Both politburo committee Zhang Chunxian and Supreme People’s
Court president Zhou Qiang were said to be involved in the case.
The principal criminal, Zeng Chengjie, was charged
with illegal fund-raising of 3.452 billion yuan.
His daughter, Zeng Shan issued a microblogging on
the 12th, “Zeng Chengjie was executed by lethal injection.
The family did not even get to see him one last time!
The authorities failed to notify the family!”
Monday, Zeng Shan issued a few more microbloggings
between 11 am and 4 pm, “Finally received father’s ashes.
I can not believe father has really died!
Did not even get to see his body!”
Zeng Chengjie’s second trial counsel was Wang Shaoguang,
an attorney from Sheng Ting law firm, Beijing.
He told NTD on July 15th that even if guilty,
Zeng Chengjie’s crime was a very minor crime.
Attorney Wang Shaoguang: “Strictly speaking,
this is a case of illegal absorbing of public savings.
According to law, it is exempted from criminal punishment,
because his financing was supported, encouraged,
and participated by the government.
It belongs to a governmental key project.
If Zeng Chengjie has committed a crime as
illegal absorbing of public savings,
it means local government is an accomplice.
The governmental officials should also be punished."
Crimes of illegal absorbing public savings
is known to receive a maximum sentence of 10 years.
Crimes of fraudulent fund raising will receive
a maximum of the death sentence.
However, for the crime of illegal absorbing public savings,
if all the money was returned, the offender
will not be held criminally responsible.
Zeng Chengjie owed 1.25 billion in financing, while his
San Guan Real Estate had paid 0.94 billion in interest
and 0.11 billion of customer reward.
That means San Guan Real Estate still owed 0.2 billion.
According to asset valuation done by the authorities,
San Guan was worth of 2.38 billion, which was sufficient to pay off the debt.
Wang Shaoguang: “If the interest was subtracted,
he still owed 1.25 billion.
San Guan Real Estate was worth of 2.38 billion.
Where was the remaining 1.1 billion?"
So, where did the San Guan remaining assets go?
Wang Shaoguang indicated that Hunan provincial
government forcibly took it away,
bypassing all legal procedures such as
asset evaluation, seizure, and disposal.
Wang Shaoguang: “Who gets to receive the remaining assets?
Yun Tai company, a Hunan-owned enterprise got it.
Yun Tai transferred the funds to Caixin company,
another Hunan-owned enterprise.
That means all the funds remain in Hunan provincial government.
The offender was then told that his company was worth nothing.
Without sufficient funds to pay off the debt,
the offender was executed.”
Wang Shaoguang explained, prior to March 2008, Hunan
government was strongly supportive of private financing.
Ever since the new leadership took office,
private financing was cracked down upon.
Wang Shaoguang: “An internal document on June 26, 2008,
requested cadres withdraw from financing.
This order has subsequently broken the financing chain of
private financing. This is a governmental mistake.
Zeng Chengjie was sentenced to death to cover up
the fault of local government officials."
Wang Shaoguang also revealed a 5-member team
was handling this financing case.
The 5-member team was headed by Politburo committee
Zhang Chunxian.
Supreme People’s Court president Zhou Qiang
was also a member of the team.
Zeng Chengjie’s final note was circulated on the Internet.
It stated that Jishou municipal government had
organized the arrest of 22 private business owners.
It accused the authorities were on top of the law.
He foresaw the injustice.
Wang Shaoguang said that this letter was personally
handed to him by Zeng Chengjie.
The Supreme Court approved the death penalty on June 14
without informing the families or lawyers.
The family did not get to see Zeng before or
after his execution. The family only received his ashes.
According to the Chinese Law, both the criminal and the family
should be consulted for one last meeting prior to execution.
Up to date, Zeng Chengjie’s lawyer has not received
the death penalty approval order from the court.
