揭露诈骗的风险几何

2014-09-04 15:31:16来源：可可英语

　　In September, The Globe and Mail of Toronto published a long article on Huang and Silvercorp,including statements Huang had made during an interview while he was out on bail. That madethe police even angrier, Huang said in his lawsuit. He was required, according to the suit, “toscrub the sick bay using his bare hands.”

　　9月，多伦多《环球邮报》(The Globe and Mail)发表了一篇关于黄昆和希尔威的长文，其中包括黄昆在保释期间接受采访时所做的声明。黄昆在诉讼文件中称，这进一步激怒了警方。文件称，他被要求“徒手擦洗医务室”。

　　Huang told me the Luoyang detention center “is the most unbearable imprisonment in China.”He has not seen most Chinese jails, of course, but he said it was much worse than the Beijingdetention center, the other one he has seen.

　　黄昆告诉我，洛阳的监狱“是中国最令人难以忍受的监狱”。当然，他也没有见过中国的大多数监狱，不过他说这里比北京监狱糟糕很多——他也在那里待过。

　　Finally, in June 2013, he was charged with criminal behavior and convicted in a one-day privatetrial in September. He was fined 500,000 renminbi, about $80,000, and sentenced to two yearsin prison. He was given credit for the time he was jailed after his second arrest and wasreleased and deported in July.

　　最后，到了2013年6月，他被指控有犯罪行为，并且在9月一次持续了一天的不公开审判中被定罪。他被罚款50万元人民币，并被判刑两年。他在第二次被捕后被拘留的时间也计入服刑时间。今年7月，他被释放并驱逐出境。

　　What was his crime? An appeals court decision that rejected his appeal said he committed“the crime of impairing business credibility and product reputation,” according to a translationof the decision provided to me by Silvercorp. He was acquitted of the second charge, that ofillegal use of spy equipment — the cameras that filmed the trucks leaving the mine. He had notbeen the one who bought the cameras or did the filming. Nor had he written the reports,although he did provide information for them.

　　他犯了什么罪?一家上诉法院驳回了他的上诉。希尔威提供给我的那份裁决的翻译版本显示，他犯了“损害商业信誉、商品声誉罪”。对他的第二项指控是非法使用监控设备——拍摄卡车离开矿场的摄像机——但被判罪名不成立。摄像机既不是他买的，也不是他在拍摄。撰写报告的也不是他，尽管他提供了信息。

　　The appeals court ruling sounds as if simply selling stocks short is a crime under Chinese law. “This court has determined that Huang Kun clearly knew that the purpose of gainingproduction information and pictures of the said Chinese enterprises, as requested by Carnes,was to short the stocks,” the judges wrote.

　　上诉法院的裁决听上去似乎是说，按照中国的法律，仅仅是卖空股票也是一种犯罪。“本院判定，黄昆清楚地知道，卡恩斯获取产品信息和前述中国企业的照片的目的是做空相关股票，”法官写道。

　　Silvercorp's efforts to sue people involved in the reports in Canada and the United States havenot been fruitful, but last December the British Columbia Securities Commission did file fraudcharges against Carnes, saying that he published his original report in part because putoptions he had purchased on Silvercorp were about to expire.

　　在加拿大和美国，希尔威试图起诉参与了相关报告的人，但未获成功，然而去年12月不列颠哥伦比亚证券委员会(British Columbia Securities Commission)对卡恩斯提起欺诈指控，称他发表第一篇报告在一定程度上是因为购买的希尔威看跌期权即将到期。

　　It said he made millions of dollars on those options as a result of the report. Carnes denied theallegations, and a hearing is scheduled for this year.

　　该委员会称，因为该报告，他通过那些期权大赚数百万美元。卡恩斯否认了相关指控，围绕此事的听证会定于今年举行。

　　A Silvercorp official declined to discuss the cases with me, and the police in Luoyang did notrespond to calls and faxes seeking comment.

　　希尔威的一名官员拒绝和我讨论相关案件，洛阳警方也未回复我请其置评的电话和传真。

　　Meanwhile, business has declined at Silvercorp. Last year it said there was fraud at the YingMine, committed by contract miners who were paid by the ton of rocks they dug out. Thecompany said the miners had mixed in refuse to get paid more.

　　与此同时，希尔威业务下跌。去年，该公司称月亮沟铅锌银矿出现了欺诈行为。欺诈方是按挖出的石头吨数计酬的矿工。希尔威称，为了获得更高的报酬，那些矿工掺加了废料。

本文关键字: 揭露诈骗的风险几何