According to the Shandong Provincial People’s Procuratorate, in some rural markets and grain and oil stores, bulk edible oil in plastic barrels will be placed. They are bright in color and cheap, and look the same as the soybean oil we usually eat with the naked eye. They are deeply loved by some catering industries. But can you believe that there is a disgusting truth behind these seemingly excellent bulk oils? Chili, leftovers, duck heads, chicken bones and other kitchen waste are transformed into edible oil by people with ulterior motives and served on people’s tables.
It’s incredible, right? But my friends, these real things are not far away from us. Before 2011, many ordinary people ate this kind of oil.
And this situation continued until the appearance of a tip-off, which tore open a corner of the shady county. The investigation authorities followed the trail and pursued it with all their strength, and finally found that there were more than 7,000 tons of waste oil involved, of which 500 tons were sold as edible oil in Anhui, Liaoning, Henan, Shandong and other places. How is this 500 tons of waste oil produced and sold, swaggered into the market and put on people’s tables? How to guard the safety on the tip of the tongue of ordinary people? Please listen to the story of Sun Ying, deputy director of the investigation and supervision department of Jinan People’s Procuratorate, the most beautiful prosecutor in Qilu.
Part 1
Pingyin is a suburban county in Jinan City, Shandong Province. Pingyin country, known as the tradition of operating oil mills. In September, 2011, a news came that it was like a bombshell between Pingyin and urban areas: there was actually an oil processing factory in the county that had been engaged in the production of waste oil!
In April 2011, under the unified command of the Ministry of Public Security, public security organs in Zhejiang, Shandong, Henan and other places cracked a series of cases in which Jinan wesen Energy Co., Ltd., located in Rose Town, Pingyin County, used waste oil to manufacture and sell edible oil for the first time, destroying the "waste oil" criminal network involving 14 provinces.
When the big case was solved, the investigators finally put their minds at ease. But who would have thought that just three months later, a tip-off letter touched people’s nerves again.
Sun Ying, Deputy Director of the Investigation and Supervision Department of Jinan Municipal People’s Procuratorate:
According to the report letter, there are other oil production enterprises in Pingyin County that are also engaged in the production of waste oil. Reminiscent that when the police asked the product distributor of Green Company, they overheard similar statements. After many investigations, an oil supplier named Yang Chuanqing came into the police’s field of vision.
Who is Yang Chuanqing? Is he also engaged in processing waste oil? All this has to start from the beginning.
Yang Chuanqing is a salesman of Jinan Fada Oil Industry Co., Ltd. located in Guoliugou Village, Kongcun Town, Pingyin County. When it comes to developed companies, we have to say that the rich stars in Guoliugou Village, Kongcun Town-three brothers, Yang Chuanfeng, Yang Chuanbo and Yang Chuanqing.
It is said that brothers are clear about accounts, and no matter how good their feelings are, they can’t do business together. However, the partnership between the three brothers went smoothly. In the early years, they were all born to kill pigs, and later they switched to open flour mills and grain and oil wholesale stores together. In 1999, the three brothers jointly invested, and Yang Chuanfeng registered and established the Guoliugou Village Oil Factory in Kongcun Town, Pingyin County. Over the years, the villagers have never heard of any conflicts between the three brothers because of business, and the enterprise has grown from a small workshop in the countryside to a large factory with three workshops and more than 20 workers.
Part 2
If nothing else, the investigators only inquired about the industrial and commercial registration of their company, and they can almost conclude that the business of the three young brothers is not simple!
Sun Ying, Deputy Director of the Investigation and Supervision Department of Jinan Municipal People’s Procuratorate:
After inquiring about the industrial and commercial registration, it is found that the business scope of developed companies is the production and sales of biodiesel, the acquisition of animal oil, and the sales of industrial oil, fatty acid, oleic acid and stearic acid. There is no edible oil in the company’s business scope, but it sells edible oil to the outside world, which is definitely tricky.
According to a villager’s report to the police, the business of developed companies is very busy: large trailers carrying raw materials from other places are 20 to 30 meters long and full of diesel barrels, and there can be at most five or six vehicles a day. The tankers that come from other places to pull oil usually come at night or Saturday and Sunday.
On July 20, 2011, the police summoned Yang Chuanfeng, the actual person in charge of the developed company. Faced with all kinds of evidence, Yang Chuanfeng, who was already guilty, quickly explained the process of the crime.
Guoliugou Oil Plant is jointly operated by three young brothers. Among them, Yang Chuanfeng is responsible for production, Yang Chuanbo is responsible for staff management and cashier, and Yang Chuanqing is responsible for purchasing and selling. In March 2009, Yang Chuanfeng registered and established Jinan Fada Oil Co., Ltd. on the original basis, and its business scope includes the production and sales of biodiesel, the purchase of animal oil and the sales of industrial fatty acids, oleic acid and stearic acid.
At first, the three young brothers were more disciplined, mainly producing oleic acid, stearic acid and vegetable asphalt for industrial use. In order to reduce the cost, under the temptation of huge economic benefits, they used their crooked brains.
According to the industry standard of feed-grade mixed oil, they have no license to produce feed oil and no relevant certificate. But with luck, in order to make more money, the three brothers still took the risk of breaking the law and used hogwash fat to produce feed oil used in feed processing, and then sold it to a feed factory in the name of soybean oil. By 2011, they had purchased raw materials such as hogwash fat and clay from Beijing, Sichuan, Tianjin, Liaocheng, Tai ‘an and Inner Mongolia, and processed and produced more than 7,000 tons of feed oil, involving more than 56 million yuan.
According to Dou Mou, a worker in a developed company, hogwash fat, the raw material for producing feed oil, is mostly purchased from a Beijing dealer specializing in selling hogwash fat, which is mixed with garbage such as peppers, vegetable leaves, duck heads and chicken heads. The color of the produced feed oil is similar to that of soybean oil, yellow and odorless.
Part 3
People’s hearts are insufficient, and it is difficult to fill their wants. Seeing that there has been no accident in secretly producing feed oil for several years, the Yang brothers began to play the idea of cooking oil again.
"Some people came to our factory to buy feed oil. I knew at a glance that he bought feed oil and went back to sell it as edible oil. But he won’t talk, and I won’t ask. We both know each other. In addition, from my years of experience, the other party sells edible oil, and some cars are printed with the words "special vehicle for edible oil". Although Yang Chuanfeng knew that it was risky to sell it to them, after a period of time, he found that nothing happened, so he arranged for his younger brother Yang Chuanqing, who was in charge of product sales, to sell waste oil which was much cheaper than the market price in Jinan and Liaocheng in the province and Shanxi and Hebei outside the province.
In 2009, after Yang Chuanfeng changed suppliers and improved technology, the price of feed oleic acid was low, which was not much different from that of edible oil in color, smell, consistency and solidification temperature. It was difficult to distinguish it from edible oil simply by observation, so they began to boldly sell the inferior oil originally used to add to pig feed as edible oil.
Sun Ying, Deputy Director of the Investigation and Supervision Department of Jinan Municipal People’s Procuratorate:
According to Yang Chuanfeng’s account, the raw materials for the company’s production are shipped from Beijing, Sichuan, Tianjin, Shandong and other places, and most of them are refined from the leftovers of restaurants, and some of them are refined from the discarded oil of fried foods and animal fats. The raw materials of gutter oil factory are called "crude oil" by the industry. The refining site of crude oil is generally extremely dirty. The crude oil is heated to 100 degrees Celsius by a boiler to evaporate water, and then clay is added to absorb impurities in the oil and lighten the color. After deodorization, filtration, deacidification and degreasing, industrial fatty oil and defatted oil that can be added as feed are finally produced.
The three Yang brothers’ industries are getting bigger and bigger, and their profits are also considerable: in 2011, the purchased crude oil was more than 5,000-6,000 yuan per ton, the sales price of red oil was about 8,300 yuan per ton, the production loss per ton of red oil was about that of 800 yuan, and the production cost was about 600 yuan. Processing one ton of crude oil could earn about 500-600 yuan.
Investigators extracted seven oil samples from the oil storage tanks in the developed company’s hospital and sent them to Beijing Food Safety Monitoring Center for inspection. After identification, the oil for inspection contains polycyclic aromatic hydrocarbons; Some oil products have excessive acid value, peroxide, high cholesterol and high conductivity. Among them, polycyclic aromatic hydrocarbons (PAHs) are listed as carcinogens by the International Center for Research on Cancer, which may cause cancer if consumed seriously for a long time; If the acid value and peroxide value exceed the standard, aldehydes, ketones and acids produced by oxidation will destroy the digestive tract of human body.
Even such huge profits did not fill the desire of the three young brothers.
Because the purchased hogwash fat has no special invoices for input value-added tax, it is necessary to issue special invoices for output value-added tax to the other party when selling oleic acid and stearic acid products. In order to deduct the tax, the defendant Yang Chuanqing signed a false contract with 11 companies in Shandong and Shanghai through an intermediary in the name of a developed company without actual purchase and sale business, and asked the other party to issue special invoices for value-added tax to the developed company, helping the developed company to obtain 53 special invoices for input value-added tax, with a total amount of more than 3 million yuan and a total tax amount of more than 1.7 million yuan.
Part 4
Due to the long-term operation of developed companies, the criminal means are more secretive, especially the source and sales destination of raw materials are wide and large, involving many provinces and cities across the country. In the process of investigation, it is very difficult for criminal suspects to destroy and hide the evidence involved.
Sun Ying, Deputy Director of the Investigation and Supervision Department of Jinan Municipal People’s Procuratorate:
In order to grasp the key nodes and the main direction of attack, we have invited the relevant departments of the Provincial Animal Husbandry Bureau, the Municipal Bureau of Quality Supervision and the national experts in grain, oil and chemical industry to inspect the production plants of the units involved. According to the relevant production equipment and processes, it is analyzed that the production lines and production processes of developed companies are far beyond the production scope of industrial and commercial registration, and they all have the ability and characteristics to produce a large number of "gutter edible oil".
After a period of understanding and examination, prosecutors agreed that almost all the problems in this case, such as legal application, amount determination, subjective aspects, criminal evidence, judicial expertise, etc., revolved around one theme-qualitative. The qualitative problem of the case runs through the whole litigation process and becomes the key point of the success or failure of the case.
Sun Ying, Deputy Director of the Investigation and Supervision Department of Jinan Municipal People’s Procuratorate:
In 2011, the processing and sale of "cooking oil in gutter" was in the gray area of legislation, lacking clear legal basis and testing standards. With the in-depth investigation, various problems gradually emerged, mainly as follows: it is difficult to obtain evidence, and the company’s sales "off-line" involves 17 commercial, grain and oil enterprises in many provinces, and the verification workload and difficulty are extremely great; It is difficult to determine the nature. There is no precedent for determining the crime of producing and selling food that does not meet the safety standards in China, and the evidence system and specifications for determining the facts of the crime need to be further reached.
The final flow direction and actual harm of oil are very important to determine the nature of the case. In order to form a solid and strict evidence chain, the prosecutor has made sufficient preparations.
Sun Ying, Deputy Director of the Investigation and Supervision Department of Jinan Municipal People’s Procuratorate:
On the basis of mastering a large number of criminal facts about the company, we sealed up a grain and oil industrial company in Liaocheng, which bought "gutter oil" from a developed company and sold it as cottonseed oil to food processing vendors, and arrested the company’s person in charge and accountant, as well as the manager and driver of a company in Jinan. The seizure of the above-mentioned company personnel has played a key role in clarifying the production and sales network.
The case was decided on January 7, 2014. Defendant Yang Chuanfeng was sentenced to death, suspended for two years, deprived of political rights for life, and confiscated all personal property; Yang Chuanqing and Yang Chuanbo were sentenced to life imprisonment, deprived of political rights for life, and confiscated all personal property. Other defendants in this case were sentenced to fixed-term imprisonment ranging from 15 years to 5 years.
After the defendant refused to accept the appeal, the Jinan Intermediate People’s Court formed a collegiate bench according to law. After reading the papers, interrogating the appellant and listening to the opinions of the defenders, it considered that the facts of the case were clear, dismissed the appeal and upheld the original judgment.
Sun Ying, Deputy Director of the Investigation and Supervision Department of Jinan Municipal People’s Procuratorate:
In the case of gutter oil detected by the police, the industrial upgrading of gutter oil production and sales from small workshops to large factories reflects the lack of supervision mechanism and measures. In the past, China’s food safety was supervised according to the territory, and cross-regional supervision in many places basically became no matter who. Once the waste oil industry chain puts different links in different regions, such as purchasing crude oil from Sichuan, Zhejiang and other places, deep processing in Shandong and other places, and selling it to Henan and other places, the supervision of "cleaning the snow before the door" will lose its effect.
It has been more than four years since the case was filed again, because the social environment and legal environment in which the case was handled, the puzzles and problems it faced, are still of typical significance in this ever-changing period when the rule of law is in urgent need of perfection. As the prosecutor said in the court statement: "Food producers should engage in this industry with their conscience, not only for the sake of not being punished by punishment, but also for the healthy operation of the whole society and the happy life of their future generations …"
Original title: Jinan waste oil case documentary: 500 tons of fake cooking oil was sold to many provinces, and three brothers were severely punished.
