It involves 2.43 million masks!Wuxi uncovered major case investigation

2022-05-30 0 By

In just one month, more than 2.43 million fake masks were produced and sold, but the manufacturers claimed to be “victims” of being cheated.What is the story behind this “cheated argument” can let it escape punishment?Recently, the market supervision and administration in wuxi city, revealed the producing fake masks case things to start with more than a year ago had traced clues interruption, special law enforcement inspection company li for help “encounter” counterfeiting company in July 2020, wuxi market supervision and administration within the scope of the city the deployment of special inspection for epidemic prevention products like a mask.Jiangyin Market Supervision Administration acted on the order and carried out comprehensive inspections on the enterprises engaged in the production and operation of masks and other epidemic prevention products in the area under its jurisdiction.On the 5th of the same month, when law enforcement officers came to check a pharmaceutical company in Jiangyin, the company’s workshop was busy with workers processing disposable protective masks (non-medical, the same below).In the warehouse, boxes of finished masks are ready to be shipped.However, the word “handan” on the package aroused the alarm of law enforcement officers.It turned out that a few days before the campaign, jiangyin City market supervision bureau received a letter from nearly a thousand kilometers away, the report is handan medical equipment company.Report content: in June 2020, the company staff found in the market have a nominal for the company production of mask, but these masks the appearance and quality of products is inconsistent with the company, after the back track, they lock the fake masks from jiangyin, specific manufacturer is unknown, but clues to interrupt, the company then to jiangyin market supervision and administration for help.After receiving the report, law enforcement officers quickly began to investigate, but there were hundreds of manufacturers of masks and raw materials in the area at that time, which made the investigation difficult.At this time, the warehouse product packaging on the “Handan” two words, so that law enforcement officers will immediately link the company with the letter from Handan.After on-site inspection, the manufacturer on the outer packing box and inner packing of the mask was identified as the informant — a medical device company in Handan.But the company failed to provide handan a medical device company authorized production power of attorney.After on-site inventory, there are 467 boxes of finished masks in the warehouse (specification: 2000 / box).Law enforcement officers sealed and seized 934,000 masks from the batch and conducted sampling tests.The test results showed that the filtering efficiency and protective effect of this batch of masks were lower than the standard requirements, and were substandard products.The investigation was conducted on behalf of a boss who claimed to be the “victim”?Subsequently, law enforcement officers and handan a medical device company verified that it has never entrusted jiangyin a pharmaceutical company to produce masks.So why did the company use fake names to produce substandard masks?During the investigation, a Zhong (pseudonym), the head of the company, said that he was also a “victim”, and revealed the whole story — the company had been suspended due to poor management of its main business, but in 2020, when the market for masks was in short supply, it changed its business scope to increase the production of masks and other projects.In June 2020, a salesman named Xiao Qin (alias, has been bailed by the police awaiting trial) contacted A, oral agreement to commission the company to produce disposable protective masks (implementation of the standard GB/T32610-2016) 5 million, requiring a medical device company in Handan factory name, factory address.See a large order to come to the door, in the absence of checking the identity of xiao Qin, did not check handan a medical device company power of attorney and other materials, and even did not sign a written agreement, single production.During this period, due to lack of understanding of relevant standards of masks, the company did not properly check the quality of the raw material PP melt-blown cloth purchased, and did not check the filtering efficiency and protective effect of finished masks, resulting in unqualified quality of masks produced.By the time of the investigation, the company had sold a batch of masks (the number of 1.5 million), the scene was seized this batch of masks is the second batch of the company’s production, just packaged, before delivery, law enforcement officers “pot”.In view of the large value of the goods involved in the case, which has reached the transfer standard for suspected criminal crimes, jiangyin Market Supervision Administration transferred the case to the public security organ for handling according to law on August 13 of the same year.Last November, after conducting economic investigation, the public security bureau decided that the company’s case did not meet the criteria for criminal prosecution and decided to withdraw the case.Focus cheated to carry out illegal behavior, whether exempt from liability?A number of “operation” is not standard, the company was fined!After the case returned to jiangyin Market Supervision Administration, wuxi Market Supervision Administration Case management and coordination department, Jiangyin Market Supervision Administration law enforcement team after in-depth analysis and discussion, decided to re-file the case for the company, and quickly launched a supplementary investigation.In the investigation, a argued that until the incident, there are hundreds of thousands of yuan in the payment of goods has not been paid, he is also known after the incident qin commissioned without authorization of a medical device company in Handan, is deceived to illegal.Because the problem is cheated and carry out illegal behavior, whether avoid administrative punishment?Became the focus of the case.Comprehensive evidence of the case, the market regulatory authorities believe that jiangyin pharmaceutical company to produce substandard products posing as qualified products, production of counterfeit factory name, factory address of other products, in violation of the “Product Quality Law of the People’s Republic of China” relevant provisions.Even though the company involved was deceived into committing illegal acts, many “operations” were not carried out in accordance with laws and regulations during the whole process, such as: 1.In the process of business negotiation, a zhong and Xiao Qin did not carefully verify the certificate, did not sign the authorization of production power of attorney, without confirming the other party has legal qualifications, mass production and sales, violated the legitimate rights and interests of a medical device company in Handan;2. Due to the lack of understanding and learning of relevant laws and regulations and product quality standards, Albania and China did not purchase standard raw materials for masks and did not send masks to qualified institutions for inspection after production, resulting in substandard masks.▲ Therefore, the company shall bear corresponding legal responsibility for the above illegal acts.The company was fined 628,300 yuan after the market supervision bureau of Jiangyin confiscated 933,900 masks (another 100 masks were used for inspection).It is understood that this is also the largest case of fake and shoddy masks in the field of market supervision in our city.”In this case, jiangyin pharmaceutical company if it can strictly comply with the relevant laws and regulations, relevant review and other obligations in place, could have avoided the occurrence of illegal behavior.But in fact, the company was blinded by profits, neglected to review, and brought administrative penalties on itself.”Law enforcement personnel remind the majority of production enterprises: in the case of door-to-door entrusted processing business, we must pay attention to ask for and review the power of attorney, business license, trademark registration certificate and other proof materials, and through contact with the power of attorney and other ways, determine the identity of the person.In determining the other department commissioned by legal subject, production content legal cases, the relevant written agreement, and in the purchase of raw materials, production and processing, strictly in accordance with the “product quality law” and other laws and regulations and the relevant product quality standard, production and operation activities, avoid legal risks, to their legitimate business activities have a negative impact.(Source: Jiangnan Evening News Editor: Yi Yi)