Home Categories documentary report Deciphering the Big China Case Ⅱ
Deciphering the Big China Case Ⅱ

Deciphering the Big China Case Ⅱ

丁一鹤

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  • 1970-01-01Published
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Chapter 1 Chapter 1: Little People in the Drug Administration Puzzle

On July 10, 2007, Zheng Xiaoyu, the focus of the SFDA den case, was executed by injection.At the same time, what has attracted widespread attention is that on July 5, the Beijing No. 1 Intermediate People's Court simultaneously sentenced Cao Wenzhuang, Lu Aiying, Wang Guorong, Li Zhiyong, and Ma Teng involved in the case of the Food and Drug Administration for bribery and bribery. crime of dereliction of duty.In addition to Hao Heping, the director of the Department of Devices who was previously sacked and sentenced, the main culprits in the SFDA den case were all sentenced to more than 10 years in prison or even the death penalty.

The reason why common people generally pay attention to the case of the SFDA, and hate corrupt officials Zheng Xiaoyu, Cao Wenzhuang, Hao Heping, is because these corrupt officials' corrupt behavior directly endangers the medicine and life safety of 1.3 billion people.Especially since 2006, major medical incidents such as "Qi Er Yao", "Ogilvy", and "Xinfu" have occurred one after another, and many problems in the approval and registration of drugs and medical devices have emerged.Hundreds of millions of ordinary people are in panic, and thousands of victims are filled with righteous indignation.However, the kind-hearted common people would never have imagined that some counterfeit medicines were concocted by the officials of the Food and Drug Administration and the bosses of the pharmaceutical companies jointly!And a small helper who has no power of approval at all, how can he get a bribe of 300,000 yuan just by arranging a few document numbers?Why can he take the 300,000 yuan with peace of mind?

The corrupt behavior of Zheng Xiaoyu, Cao Wenzhuang and other officials has thrown the State Food and Drug Administration into chaos and confusion.We can only see the truth of the incident by pushing through the layers of fog surrounding drug approval and putting everything in the sun. Help Ma Teng, the pawns crossing the river block the way of money To get rid of the fog of the Food and Drug Administration, we need to start with a small pawn. Among the five people who were sentenced by the court at the same time on July 5, 2007, Ma Teng had the lowest amount of money involved and the sentence he was sentenced to, and he was the only "little pawn" among those involved.Ma Teng is just a staff member seconded from Hebei Shineway Pharmaceuticals to help the State Food and Drug Administration. After arranging the document number, I got 300,000 yuan of "little meaning".Of course, the one who confessed to Ma Teng in the end was the "iron buddy" Wei Wei who gave him money.And Cao Wenzhuang, Wang Guorong and others were all dismissed by Wei Wei, who is known as the "King of Numbers" in the Chinese pharmaceutical industry.For the famous Wei Wei, Ma Teng is just a "little piece of mud" on the "broken radish" of the Food and Drug Administration.

The person who changed Ma Teng's fate should be Zheng Xiaoyu first, although Zheng Xiaoyu may not even know that there is such a small person as Ma Teng. After Zheng Xiaoyu took office as the first director of the Food and Drug Administration in 1998, he implemented three reforms one after another: one was to rectify the pharmaceutical market; the other was to implement the Good Manufacturing Practice (GMP) certification; Standard, which is what we usually say "landmark upgrade national standard". According to the procedure of "landmark upgrading to national standard" at that time, pharmaceutical manufacturers first handed over the materials to the provincial food and drug administration; after being verified, signed and stamped by the provincial food and drug administration, they were then sent to the State Food and Drug Administration for the "Unified Drug Instructions for Use and Approval Number Special Project" Work Office" (hereinafter referred to as the special office); after the special office has finished processing, it will be sent to the National Pharmacopoeia Commission for expert demonstration, and after being signed by the Secretary-General and others, it will be sent to the chemical drug department or the traditional Chinese medicine department of the Registration Department of the Food and Drug Administration; after passing the inspection , and then sent to the Director of the Registration Department of the Food and Drug Administration for signature.At this time, the approval document is officially released, and the manufacturer can start production according to the approval document.

The reason why Zheng Xiaoyu, Cao Wenzhuang and others had "accidents" was because their positions were "very critical", because they held the "power of life and death" of approval documents.However, no one thought that even the "little pawns" who were seconded to help with work would fall into the "Chu River and Han Realm" when crossing the river. Among the three reforms implemented by Zheng Xiaoyu, the work that needs the most manpower is mainly the work of "upgrading landmarks to national standards".This is a huge system project, and it is impossible to complete it only with the staff within the establishment of the State Food and Drug Administration, so Zheng Xiaoyu approved the special office to temporarily transfer personnel from various units of the drug supervision system.Therefore, the State Food and Drug Administration dispatched a large number of personnel from various units of the system to help.When seconding personnel from the Hebei Food and Drug Administration, because the Hebei Food and Drug Administration was short of manpower, it recommended Ma Teng, a staff member of Hebei Shineway Pharmaceuticals, to the State Food and Drug Administration.

In March 2002, 28-year-old Ma Teng was seconded from Hebei Shineway Pharmaceuticals to work in the Special Office of the Drug Registration Department of the State Food and Drug Administration.The special project office is divided into three groups, Ma Teng's group is called the acceptance group.The main responsibilities of the acceptance group are to receive and check the drug information reported by the local provincial food and drug administration bureaus, compile and compile the drug approval catalog that has passed the review, and send the approval catalog to the leaders at all levels of the special project office for signature, and then the special office will approve the approval The approved catalog shall be submitted to the Registration Department of the State Food and Drug Administration for approval.

One of Ma Teng's specific tasks is to collect and organize the drugs approved by the registration department in the computer, and make a catalog of approval numbers; After review by Director Li Zhiyong, it will be issued by Wang Guorong, Secretary-General of the Chinese Pharmacopoeia Association; after review by experts, it will be officially reported to the State Food and Drug Administration for the replacement of the drug number.After approval at various levels by the Registration Department, it was finally signed and approved by the director of the Registration Department, Cao Wenzhuang, and then issued a national unified standard document number.However, it takes a long time to complete these procedures. The earlier the pharmaceutical company gets the batch number, the earlier it will occupy the market, which means huge economic benefits.Therefore, pharmaceutical companies spare no effort to tackle key problems, and strive to obtain the national unified standard number one day earlier.

In this layer-by-layer approval process, except for the review and signature of relevant leaders such as Cao Wenzhuang and Wang Guorong, which are crucial, Ma Teng's work of arranging drug registration numbers is actually a little-known important link. The pawns crossing the river in the chess game cannot be ignored.Because there were many manufacturers who changed their document numbers at that time. For example, if a drug was approved at the same time, there were multiple companies that could produce it. Not only can it earn profits in advance, but it will also occupy most of the market share.At that time, many manufacturers across the country and Jilin Weiwei Pharmaceutical Company jointly reported a drug called "Xinxuetong". Wei Wei, the chairman of Weiwei Pharmaceutical, discovered while waiting for the document number that most of the document numbers of other manufacturers It has been issued, and the drug name of "Xinxuetong" has been changed to "Sarcosaminoglycan Injection", and this variety is selling well in the pharmaceutical market.Since carnosine injection is a national brand, the local batch number "Xinxuetong" produced by Jilin Weiwei Pharmaceutical Co., Ltd. became unsalable after it was launched.Wei Wei is like an ant on a hot pot. If the approval is delayed, the market share will be taken by other companies.

Wei Wei finished worshiping all the "temple gates" with his "pig's head", but was blocked by Ma Teng, a "little pawn" after passing through the gates.Wei Wei, who is so powerful, can't sit still. Even Cao Wenzhuang, who is "not in the oil and salt", can settle down. Wei Wei doesn't believe that he can't take down Ma Teng, who is seconded to help. Therefore, Wei Wei found his buddy, Liu Yuhui, director of the Consulting Department of the Chinese Pharmaceutical Association, and asked him to come out to deal with Ma Teng. Jointly get the number, the black gold transaction between the seller, the broker and the buyer

Here we need to introduce Wei Wei, the actual controller of Jilin Weiwei Pharmaceutical Industry, and Liu Yuhui, director of the Consulting Department of the Chinese Pharmaceutical Association.Because in the SFDA case, it was these two people who played the role of the main bribers who brought down Cao Wenzhuang, Wang Guorong, Lu Aiying and others; Aiying and Ma Teng. Let me talk about Wei Wei first. Wei Wei is a mysterious figure in the Chinese medical system, the well-known "King of Numbers", and the actual controller of Jilin Weiwei Pharmaceutical. He is widely known in the industry by his pseudonym "Wei Tao" .Wei Wei's Jilin Weiwei Pharmaceutical has changed its name several times in a few years. It used the names of Jilin Quanwei, James Andy, Weiwei Runsheng, etc., and then differentiated into Knott's Pharmaceuticals and Barrymore Pharmaceuticals.At the same time, Wei Wei also established Pacific Pharmaceutical Co., Ltd. in Tonghua, Jilin, which was later renamed Phils Duke, and then renamed Albella Pharmaceutical Company again, with the main business being drug sales.

Aside from these dazzling names, for the sake of easy memory, we only describe Wei Wei as "Chairman of Weiwei Pharmaceutical Industry".Wei Wei is in his thirties, from Henan.According to people familiar with Wei Wei's description, he is thin and unattractive.In the early years, he was engaged in the wholesale of medicines in Luohe, Henan, and moved to the Northeast after gaining primitive accumulation. In 2000, Wei Wei acquired a pharmaceutical factory in Meihekou City, Jilin Province, and registered and established Jilin Wei Wei Pharmaceutical Co., Ltd. on this basis.Wei Wei Pharmaceutical is a joint-stock enterprise composed of natural person shareholders. Wei Wei's mother, Ms. Zhang, is also one of the shareholders of this company. At the beginning of the enterprise's development, the legal representative announced by Weiwei Pharmaceutical was not Wei Wei, but a mysterious figure named Liu Zhenzhong.However, in some media reports, Wei Wei often "becomes" the "chairman" of Weiwei Pharmaceutical.For example, during the SARS period in 2003, Weiwei Pharmaceuticals donated antiviral drugs worth 1 million yuan to Meihekou City, Jilin Province, where it is located. Media reports called Wei Wei the chairman of Weiwei Pharmaceuticals. It is worth reminding readers that Weiwei’s Weiwei Pharmaceutical and the later split pharmaceutical company and pharmaceutical company are all located in Meihekou City, a county-level city affiliated to Tonghua City, Jilin Province.The pharmaceutical industry is Tonghua's pillar industry. The local pharmaceutical industry accounts for 30% of Jilin Province's total, and its benefits account for 70% of Jilin Province's. During the three years from 2002 to 2005, Wei Wei, who was little-known before, began to show his talents in the pharmaceutical industry. Wei Wei quickly rose in the Jilin pharmaceutical industry and became a well-known "king of the number" in the industry. In three years, more than 200 "National Brand" product licenses have been obtained, which has surprised people in the industry. Wei Wei, who actually controls Weiwei Pharmaceuticals, is not usually in Meihekou, and his local enterprises are managed by some relatives and friends, including his mother who holds shares in Weiwei Pharmaceuticals.Wei Wei himself commands remotely from the group headquarters in Beijing and carries out crucial "business activities". Wei Wei's "business" is actually very simple. The main reason is that in the process of "replacing landmarks with national standards" after 2002, as a "buyer", he joined hands with "broker" Liu Yuhui to bribe "sellers" Cao Wenzhuang, Wang Guorong, etc. Report the quality standards and production process of drugs to all provinces and cities across the country; then use these materials as a template to select more than 200 kinds of drugs with few manufacturers and mainly injections. Go back to the document numbers of these products before 1996; then report the local document numbers to the special office of the State Food and Drug Administration, and the "landmark" was successfully replaced with the "national standard". With so many "national standards" in hand, it should be easy to make profits.In just over two years, Wei Wei has more than 200 drug approval documents, which can be called a "miracle".On the surface, these more than 200 drug approval documents belong to Wei Wei Pharmaceutical, which Wei Wei is not a legal person, but in fact they are all owned by Wei Wei. It is of course impossible to "take the number" so quickly by using conventional means, and bribing the officials of the Food and Drug Administration has become Wei Wei's trump card.The first to be pulled down by Wei Wei were two officials from the Jilin Provincial Food and Drug Administration. In 2004, Yu Qingxiang, deputy director of the Jilin Provincial Food and Drug Administration, and Tao Lijun, deputy director of the registration office, were arrested for accepting bribes. In May 2005, Tao Lijun was sentenced to 12 years in prison; after that, Yu Qingxiang was sentenced to 15 years in prison.Since 2005, the three enterprises controlled by Wei Wei have changed their appearances one after another and become wholly foreign-owned enterprises.Since then, Wei Wei's name has faded out of the pharmaceutical industry, but Wei Wei, who is hidden behind the scenes, is still the actual controller of the company. From the end of 2005 to the beginning of 2006, it was a critical period when the lid of the "black gold trade" in China's pharmaceutical industry was intensively lifted. In November 2005, Liu Yuhui, director of the Consulting Department of the Chinese Pharmaceutical Association, was arrested by the public security organs; in January 2006, Wei Wei was arrested on suspicion of bribing officials of the Drug Administration, and the two jointly confessed to Cao Wenzhuang, Wang Guorong and others.As a result, an anti-corruption storm unfolded in the drug supervision system. On January 12, 2006, Cao Wenzhuang, Lu Aiying and others were taken away by prosecutors at the National Food and Drug Administration meeting in Kuangou, Beijing.This led to the corruption case of the State Food and Drug Administration. On August 25, 2006, among the six counterfeit drugs urgently stopped by the State Food and Drug Administration, the pharmaceutical companies controlled by Wei Wei accounted for five of them, including Ginseng Polysaccharide Injection of Knott Pharmaceuticals and Sodium Tanshinone IIA Sulfonate. Injection, Sarcorrhea Injection, Shegan Antiviral Injection, and Gastrodin Injection produced by Barrymore Pharmaceuticals. Since March 2006, two pharmaceutical companies, Knott's Pharmaceuticals and Barrymore Pharmaceuticals, have shut down successively.According to relevant media reports, in just three years from 2002 to 2005, Weiwei Pharmaceutical's sales revenue reached 5 billion yuan. No matter whether this figure is accurate or not, the profit from it is extremely astonishing. In addition to the "buyer" Wei Wei, there is also Liu Yuhui, who played an important role in "heavy makeup" in the SFDA case. Liu Yuhui's public identity is the director of the Consulting Department of the Chinese Pharmaceutical Association, but he also has 49% of the 4 million yuan registered capital of Baiyunshan Pharmaceutical Technology, holding assets as high as 2 million yuan.The 2 million yuan was obtained from various trainings held in the name of the Chinese Pharmaceutical Association during Liu Yuhui's tenure as the director of the Consulting Department of the Chinese Pharmaceutical Association. In November 2005, Liu Yuhui was arrested on suspicion of misappropriating 2 million yuan of funds from the Chinese Pharmaceutical Association. In the Chinese Pharmaceutical Association, Liu Yuhui is a well-known "capable man" who can call the wind and rain. He is a veteran of the Chinese Pharmaceutical Association for more than 20 years, but he rarely works in the Pharmaceutical Association except for meetings.There are more medical experts in the Chinese Pharmaceutical Association. Apart from researching new drugs, they rarely deal with the outside world, and few people get involved in the approval of documents. Moreover, no one in the Pharmaceutical Association seems to be able to restrain the "capable man" Liu Yuhui So much so that some experts were very surprised when they heard that Liu Yuhui was suspected of misappropriating the funds of the Pharmaceutical Society, let alone that he would act as a "broker" between pharmaceutical companies and the Food and Drug Administration. However, no matter in the Chinese Pharmaceutical Association or the State Food and Drug Administration, it is well known that Liu Yuhui and Cao Wenzhuang are close friends.Not only did Liu Yuhui often use weekends and holidays to drive to Langfang, Hebei and other places to play golf with Cao Wenzhuang, he even generously donated 400,000 yuan in "activity funds" for Cao Wenzhuang's promotion to the deputy director of the Food and Drug Administration.As for Liu Yuhui using his close relationship with Cao Wenzhuang to help some pharmaceutical companies apply for approval of new drugs and benefit from it, it has almost become an open secret.And Cao Wenzhuang, who is known for his prudence, often writes on the new drug approval documents brought by Liu Yuhui, "This material was brought by Comrade Liu Yuhui, please ask the Research Department of Traditional Chinese Medicine", or "Please read it from Comrade XX (brought by Comrade Liu Yuhui)", so clear The instructions show the close relationship between Liu Yuhui and Cao Wenzhuang.Obviously, Cao Wenzhuang's blatant instructions are to let his subordinates "quick review and quick approval". In this way, as long as Liu Yuhui's name is attached to the approval document of the registration department, it means "success soon".Of course, Liu Yuhui is the most rotten key link in Cao Wenzhuang's bribery chain.Later, it was Liu Yuhui who "betrayed" his "buddy" Cao Wenzhuang. This is something. Face-to-face instruction, 300,000 yuan to get the pawns crossing the river After sorting out the relationship between Wei Wei, Liu Yuhui, and Cao Wenzhuang, it became logical and natural for Wei Wei to ask Liu Yuhui to come forward to settle Ma Teng. So, in May 2003, Liu Yuhui brought Wei Wei to the special office.Because Wei Wei was not familiar with Ma Teng, Liu Yuhui asked Wei Wei to wait outside the office.Liu Yuhui came out of the special office not long after, and said to Wei Wei casually: "The person has been found, let's go back and wait for the good news." Although Liu Yuhui was a frequent visitor to the special office, he rarely looked directly at a pawn like Ma Teng.Ma Teng had long heard that Liu Yuhui had eyes and hands, and that he was the buddy of Director Cao Wenzhuang. In the eyes of Ma Teng, a pawn, Liu Yuhui was an unattainable figure.This time Liu Yuhui bypassed others and came directly in front of Ma Teng, Ma Teng was flattered and at a loss, as if he felt a great honor.After listening to Liu Yuhui asking him to arrange and distribute Weiwei Pharmaceutical's drug registration number as soon as possible, Ma Teng said without hesitation to do it as soon as possible, and hoped that Liu Yuhui would support and take care of him.Liu Yuhui patted the shoulder of Ma Teng, who was much taller than him, and said, "Don't worry, young man, you will have a bright future." Ma Teng's heart was blown away by his words. After all, it took some time for Ma Teng to arrange and distribute the approval document, but Wei Wei couldn't wait to get the document number.A few days later, the anxious Wei Wei asked Liu Yuhui if he had any news.This "little matter" is still so embarrassing, Liu Yuhui said impatiently: "You can go directly to the special office to find Ma Teng, he is in charge of arranging the document number, I have already told him hello, you go." Wei Wei immediately went to the special project office to find Ma Teng according to Liu Yuhui's instructions.At this time, Wei Wei was still unknown. When Ma Teng heard that Wei Wei was just the boss of an unknown pharmaceutical company, he put on airs and said indifferently: "Liu Yuhui has already told me, and I haven't compiled it yet." From Weiwei Factory, you go back and wait." Wei Wei, who is normally bullish, had no choice but to bow his head in front of this pawn in front of him and said, "Please help me, other companies' drugs are already on the market, and we will suffer if we don't get approval documents! Don't worry, as long as you If you are willing to help, leave other matters to me, and I will definitely handle them according to the 'rules', to your satisfaction!" Seeing that Wei Wei spoke so earnestly, Ma Teng didn't want to make things difficult for the humble "God of Wealth" in front of him, and then changed his tone and said: "I will look for your Wei Wei's information in the past two days, as long as the experts have reviewed it. , the leader has approved it, and I will immediately compile the document number. Director Liu told me, don't worry." Seeing Ma Teng spit, Wei Wei got up and left without saying anything. Before leaving, he asked for Ma Teng's cell phone number.Afterwards, Wei Wei kept in touch with Ma Teng by phone, urging him to ask "Xin Xue Tong" about changing the document number, and vowed in words that he would repay Ma Teng.And Ma Teng also readily agreed to help Wei Wei as soon as possible. In June 2003, "Xinxuetong" and other drug license numbers were released one after another. After the license numbers were issued, the name of "Xinxuetong" was also changed to the unified "Carnosine Glycoside Injection".After receiving the document number, Wei Wei immediately arranged mass production. In the following five months from June 20, 2003 to November 20, 2003, Jilin Weiwei Pharmaceutical applied to the Special Office of the State Food and Drug Administration for a total of 26 kinds of drug registration numbers. With the help of Liu Yuhui and others, the document number really achieved "quick report and quick approval".Among them, Ma Teng contributed a lot. You must know that as long as similar drugs seize the market opportunities, it will be millions or even tens of millions of dollars in benefits, which Wei Wei and Ma Teng both know.However, until the Spring Festival in 2004, Wei Wei did not give Ma Teng a penny, and Ma Teng never asked for money, but "served" Wei Wei wholeheartedly.Both of them are stretching each other's nerves, and they both hope that the other party will take the initiative to offer "thank you". In fact, Wei Wei, who is well aware of the "hidden rules" of the industry, thinks very simply. It is only natural for him to spend some money to thank Ma Teng, and Wei Wei, who is worth hundreds of millions, doesn't care about money, he just needs a It's just a "timing" that can make Ma Teng and himself feel decent. But Ma Teng considered more and more complicated.First of all, Ma Teng had to consider the relationship between Wei Wei, Cao Wenzhuang and Liu Yuhui, as well as the impact on his own destiny.Later, when Wei Wei obtained approval documents from the registration department as easily as finding something out of a bag, Ma Teng would naturally understand that Wei Wei could get 26 approval documents from the registration department in half a year, and if it wasn't for his close personal relationship with Cao Wenzhuang, he would never have been able to do it anyway. , it can be seen that Wei Wei's "energy" is huge.In particular, Wei Wei's reputation as the "King of Accountants" is becoming more and more famous, and he is also the chairman of Weiwei Pharmaceuticals. He is a real billionaire.In front of Wei Wei, the 28-year-old Ma Teng is just a little guy who can be driven around.It is obviously unwise to actively ask for "benefits" in Ma Teng's capacity, and it may even ruin his own future.Because most of the special project offices are seconded personnel, Ma Teng’s personnel files are still in Hebei Shineway Pharmaceuticals. If he can be appreciated by leaders like Cao Wenzhuang and Liu Yuhui, he can eventually be transferred to the State Food and Drug Administration or the Chinese Pharmaceutical Association, and then become a Beijing company. People, that is Ma Teng's ultimate goal.And offending Wei Wei is tantamount to offending Cao Wenzhuang and Liu Yuhui, and Ma Teng still thinks clearly about this relationship. In this way, Ma Teng was driven wholeheartedly by Wei Wei with a complicated mentality until the Spring Festival of 2004 approached.At this time, Wei Wei felt that it was time to fulfill his promise and thank Ma Teng, the little brother.Therefore, Wei Wei, who planned to go back to his hometown in Henan for the New Year, called Ma Teng and asked if he would go back to his hometown in Hebei for the New Year.When he learned that Ma Teng was going home for the New Year, Wei Wei told Ma Teng that I had a car to stop by, and you could take my car and I would take you back.Ma Teng certainly wished for a ride home during the Chinese New Year. At noon on January 30, 2004, which is the twenty-eighth day of the twelfth lunar month, Wei Wei called a friend's Audi car from Zhengzhou, Henan, and arrived near the New World Shopping Center in Chongwenmen, Beijing.Because Ma Teng lives in the Nanli Community of Xihua City to the east of the New World Mall, and Wei Wei lives in the Taihua Apartment to the south of the New World Mall, the distance between the two is only 1,000 meters. After the two met, they quickly left Beijing by car and drove towards Shijiazhuang. Three hours later, Wei Wei sent Ma Teng to the vicinity of the Shineway Pharmaceutical dormitory where Ma Teng lived in Luancheng County, Shijiazhuang City, Hebei Province.After Ma Teng got out of the car, Wei Wei also got out of the car. He took out a cardboard box for wine from the trunk of the car and handed it to Ma Teng, saying, "This is something for the New Year. You can take it back for the New Year." Ma Teng briefly declined, but accepted it before opening it.After breaking up with Wei Wei, Ma Teng took the cardboard box home and opened it to see that there were stacks of 100-yuan RMB inside. Ma Teng counted with trembling hands, a total of 300,000 yuan.Ma Teng was stunned at the time. This figure obviously exceeded his expectations. He thought Wei Wei would be enough to give 30,000 to 20,000 yuan, but he didn't expect it to be so much.At a loss, he immediately picked up his mobile phone and called Wei Wei, wanting to return the money to Wei Wei.But Wei Wei just said lightly: "No need, this is my little idea, you can keep it for the New Year." After hearing this, Ma Teng didn't say anything, and accepted the 300,000 yuan with peace of mind.Because Ma Teng felt that he was helping Wei Wei, it was only natural for Wei Wei to give the 300,000 yuan as a favor. The reason why Wei Wei gave 300,000 yuan at once was because he knew that this blockbuster was enough to blow Ma Teng unconscious, and he also knew that Ma Teng would serve him willingly in the future. The 300,000 yuan is easy to come by and easy to spend.Later, the 300,000 yuan was spent by Ma Teng on treats, meals, and entertainment. Black gold trading, examining the balance of power and money On January 12, 2006, when the Anti-Corruption Bureau of the Xicheng District People's Procuratorate of Beijing City interrogated the criminal suspect Wei Wei, Wei Wei confessed his criminal facts of bribing Ma Teng 300,000 yuan.Afterwards, the procuratorate arrested Ma Teng at the State Food and Drug Administration, and Ma Teng confessed to the fact that he accepted a bribe of RMB 300,000.At this time, Ma Teng was still working in the special office. If the young and diligent Ma Teng hadn't become the smallest piece of mud in the SFDA case because of accepting bribes, he might be transferred to work in Beijing. Ma Teng, as the last defendant in the SFDA case, enjoyed the same treatment as Zheng Xiaoyu and Cao Wenzhuang.Ma Teng, who is 1.80 meters tall, stood in the dock of the court. While confessing to the fact that he had accepted bribes, Ma Teng and his defenders tried their best to argue that: Ma Teng did not have the status of a state employee, and he was only from Shineway Pharmaceutical Co., Ltd. The general staff seconded by the company to the special office to be responsible for computer information entry does not have the authority to approve drug approval numbers, and does not conform to the statutory constituent elements of the crime of accepting bribes in terms of subject and objective.However, the court held that Ma Teng was engaged in drug administration in the Special Office of the Drug Registration Department of the State Food and Drug Administration, and was "a person engaged in official duties in state organs in the sense of the criminal law."Ma Teng is responsible for arranging the approval number and submitting the approval work in the special office. He is performing management duties on behalf of the State Food and Drug Administration, and has the position and power to be responsible for a certain public affairs.The nature of Ma Teng's original unit and whether it has the status of a cadre, whether it is formally seconded or temporarily borrowed, and whether it is included in the staffing of state organs will not affect the legal determination of Ma Teng as a state employee. On July 5, 2007, the Beijing No. 1 Intermediate People's Court sentenced Ma Teng to 13 years in prison for accepting bribes, and continued to pursue and confiscate Ma Teng's criminal income of RMB 300,000.After Ma Teng appealed, the Beijing Higher People's Court rejected the appeal and upheld the original judgment. "Approval economy" and "power rent-seeking" are a manifestation of industry corruption in the pharmaceutical industry.Because many companies rely on these so-called new drugs to survive, Wei Wei and his like tried every means to bribe officials, including bribing little pawns like Ma Teng.According to the "Description" issued by the National Pharmacopoeia Committee on January 9, 2007, Ma Teng began to receive various expenses such as wages, overtime pay, subsidies, and festival expenses from the special office from October 2002 until January 2006. , received a total of 112,176 yuan in more than three years, but Ma Teng's income from four years of hard work was only one-third of the amount he accepted in bribes. 300,000 yuan is not a small amount to put on anyone, so how can Ma Teng take it with peace of mind?We hardly need to speculate to assert that this kind of "black gold transaction" under "power rent-seeking" has long been seen by Ma Teng and deeply rooted in his heart.Otherwise, neither Ma Teng nor Wei Wei mentioned the 300,000 yuan in an "understatement" tone. Maybe it was because Cao Wenzhuang led Ma Teng out, maybe it was Wei Wei who led Ma Teng out.But no matter who leads who, the important thing is that they all fell into the French Open, which is a good thing.In previous anti-corruption cases, it was usually the "little radish" that was pulled out to bring out the "big mud", and it was often the small people who caught the big corrupt officials.However, in the NMPA case, it is unconventional. It is rare that such a big man bites a small man, and a "big carrot" brings out a "little mud".It is for this reason that we should examine Ma Teng, a pawn that Zheng Xiaoyu and Cao Wenzhuang may not necessarily be familiar with. Pull out the radish to bring out the puree.From this point of view, pulling out the "radish" seems to be an inevitable process and an effective means to bring out the "mud".We "regret" to see that Wei Wei and Liu Yuhui who bribed corrupt officials at the beginning, once they were shuanggui and arrested, no one could "carry" them after they entered. In order to survive and to be lenient, even if they were close to each other. Hey, the iron buddies who share the same spirit have all "bitten" out one by one.As long as it becomes a "radish", it will bring out a lot of "mud". Zheng Xiaoyu has already served the law, Cao Wenzhuang's appeal was rejected, and Hao Heping is serving his sentence.Obviously, it is not easy to pull out these "big radishes" in the SFDA case, and it is also not easy to clean up the "little mud" brought out by the "big radishes".Ma Teng is very sad. This little pawn who does not have much power can feel at ease when he accepts a bribe of 300,000 yuan at once. However, we believe that no matter how much "mud" the "radish" brings out, it should be cleaned mercilessly. If these "little mud" are let go, God knows what kind of bigger and worse "big mud" they will nourish. radish". The significance of Ma Teng's specimen is that a small pawn can accept bribes of 300,000 yuan without breaking a sweat and feel at ease.Then, it is not surprising that Cao Wenzhuang, who took 2.4 million yuan in bribes, claimed in court that he was a very "honest official".Because in the consciousness of Cao Wenzhuang and Ma Teng, their positions can be measured by the amount of money.Director Cao's 2.4 million yuan in bribes is still an "upright official", and the seconded officer Ma Teng's 300,000 yuan in bribes is nothing? It's scary to equate one's official position, power, and money, just like "three years of clearing the prefect, one hundred thousand snowflakes of silver".Today, this is not just a problem for Ma Teng, a pawn. Fake medicines come out, and pharmaceutical company bosses and officials work together to concoct them Li Zhiyong and Wang Guorong had a higher status than Ma Teng in the SFDA case, and they were also pulled down by Wei Wei and Liu Yuhui.Their fall was closely related to the fake medicine case that caused a sensation all over the country. On August 25, 2006, after the "Qi Eryao" and "Xinfu" incidents, major media and websites in China, as well as evening newspapers, radio stations, and TV stations across the country, once again released a shocking news: The State Food and Drug Administration urgently issued the State Food and Drug Administration Letter [2006] No. 219 "Letter on Punishment of "Ginseng Polysaccharide Injection" and Other Products as Counterfeit Drugs" to the national drug regulatory departments and medical institutions. The letter widely disseminated to the public and medical institutions reminded the general public: 6 kinds of injections such as Ginseng Polysaccharide Injection produced by Nuoshi Jilin Company changed the route of administration without approval, and they will be punished as counterfeit drugs! Counterfeit medicine!Another harmful fake drug!And these fake medicines are slowly entering the blood of ordinary people! How could a life-saving drug that dissolves into our bloodstream suddenly become fake?When the needle was pulled out, the common people were outraged! The anger of us ordinary people can only be expressed by the harsh creaking sound when the upper molars and lower molars bite tightly. In addition to our red, frightened eyes and helpless and sad tears gushing out, we also have What?The only way for us ordinary people to be angry is to "grab the land with their heads" by gnashing their teeth! National leaders are also highly concerned. On January 24, 2007, Premier Wen Jiabao of the State Council chaired an executive meeting of the State Council to listen to the report of the Ministry of Supervision on the investigation of Zheng Xiaoyu, the former director of the State Food and Drug Administration, who seriously violated discipline and law. Secretary Wu Guanzheng, State Council Vice Premiers Wu Yi, Zeng Peiyan, Hui Liangyu, State Councilors Zhou Yongkang, Tang Jiaxuan, Hua Jianmin, Chen Zhili, Secretary of the CPC Central Committee He Yong. It is unprecedented for such a high-level meeting to study and discuss the "National Drug Administration case".The meeting demanded that Zheng Xiaoyu's violations of discipline and law should be thoroughly investigated and dealt with seriously according to law.After that, on February 8, the State Council held a national teleconference on strengthening food and drug regulation and supervision. Wu Yi, vice premier of the State Council, said in her habitually tough tone: "Food and drug safety is a matter of human life, how can you be so hasty?! It must be made clear that no matter who is involved in this kind of outrageous behavior, the punishment will be punished, and there will be no tolerance!" Before the two meetings, State Food and Drug Administration officials Wang Guorong and Li Zhiyong were detained successively. They lost their principles because of accepting bribes, which eventually led to the release of counterfeit drugs. It is astounding that the regulators approved fake drugs. Fake medicines that "cause diseases and harm people" have greatly mocked the purpose of the pharmaceutical industry to "cure diseases and save lives". Among the 6 types of counterfeit drugs urgently stopped by the State Food and Drug Administration on August 25, 2006, the counterfeit drugs produced by pharmaceutical companies controlled by Wei Wei accounted for 5 types.Including Ginseng Polysaccharide Injection, Tanshinone IIA Sodium Sulfonate Injection, Sargassum Injection, Shegan Antiviral Injection produced by Nuts Jilin Pharmaceutical Company, and Gastrodin Injection produced by Barrymore Pharmaceutical Company.Before these six counterfeit drugs were urgently stopped, two pharmaceutical companies, Knott's Pharmaceuticals and Barrymore Pharmaceuticals, shut down one after another.State Food and Drug Administration officials Wang Guorong and Li Zhiyong, who issued "passports" to these fake drugs, also "truly confessed" the process of these fake drugs in the special case team jointly established by the Central Commission for Discipline Inspection and the Procuratorate. Knott's Pharmaceuticals and Barrymore Pharmaceuticals are not illegal black workshops, but a "regular enterprise" certified by the State Food and Drug Administration GMP, a local key enterprise that owns and produces more than 200 "Guoyao Zhunzi" drugs and pays taxes. Big family.And Wei Wei, the actual controller of these two companies, is almost free to come and go in the Jilin Provincial Food and Drug Administration and the State Food and Drug Administration!In the SFDA case, from Director Zheng Xiaoyu and Registration Director Cao Wenzhuang down, Lu Aiying, Wang Guorong, Li Zhiyong, Ma Teng and others all fell on this mysterious Wei Wei. Bribing officials of the Food and Drug Administration became Wei Wei's trump card, and it was Wang Guorong and Li Zhiyong who completely conspired with Wei Wei to concoct fake drugs. Before introducing the process of Wang Guorong, Li Zhiyong and Wei Wei jointly concocting counterfeit drugs, it is still necessary to introduce some little-known processes of "landmark upgrading to national standard".Before the "landmark upgrade to the national standard", the local standard drugs in all provinces and cities across the country were local and non-public.In the process of upgrading the national standard, the local standard drugs of all provinces and cities in the country are submitted to the Pharmacopoeia Committee of the State Food and Drug Administration together with the production process and quality standards.魏威通过一个专门从事这种中介的美女,买通了中国药学会的刘玉辉等人,获得相关资料或者获得医药研发机构的品种后,选择多种市场潜力大的以注射剂为主的品种,然后再买通吉林省药监局分管注册的有关人员,补回1996年以前的这些产品文号(1996年以后各省再无权批准药品)。然后以吉林威威药业等制药企业的名义,将批来的文号及资料上报至国家药监局,从而换回了200多个国家标准的药品批准文号。 另外需要说明的一个专业知识是,药品注射液有两种给药方式:一种是静脉注射,也就是我们普通所说的挂吊针;另一种是肌肉注射,也就是小针管注射。有的注射液的给药方式是肌肉注射,有的是静脉注射,也有的是既可肌肉注射也可静脉注射,而采取何种方式注射是靠严格的科学实验和质量标准来限定的。比如,某个品种的注射液批文是肌肉注射,如果用于静脉注射,对人体将造成极大危害,甚至置人于死地。这种擅自改变给药方式的情况,将以假药论处。 但是,如果某种注射液只被审批为单一的给药方式,当然不如同时适用两种给药方式那样被更多的医疗机构和患者接受。这也就意味着单一给药方式的注射液的销售量会比两种给药方式的注射液要低得多,同一种注射液所产生的效益就会大打折扣,甚至不如两种给药方式的药品的一半。 也就是说,制药企业在生产注射液时,都不遗余力地力求获得两种给药方式的批文。当然,这个前提是要有严格的临床试验并经过层层严格审批才可以。 当大家了解这些医药知识之后,我们所看到的就不仅仅是精彩的故事,而是活生生的“草菅人命”的假药出笼过程。 索贿受贿,两官员联手“挤牙膏” 2004年初,已经在医药行业扎下脚跟的吉林威威药业股份有限公司准备大举扩张。在魏威的操纵之下,吉林威威药业分解为诺氏制药公司、巴里莫尔制药公司和太平洋药业3家公司。此前魏威通过各种手段获得的批文分散到了前两家制药公司中,诺氏制药公司因此拥有吉林威威制药的多种药品,其中包括人参多糖注射液等3种注射液。 但是,人参多糖注射液等3种药品在2002年由“地标升国标”时,批文上的给药方式只有肌肉注射一种,并没有静脉注射。而这几种药品在市场上非常好销,也就是说,不能静脉注射等于阻断了魏威一半以上的财路。 增加注射方式成为魏威广开财源的必由之路。魏威开始以为,凭着与国家药监局的“铁关系”,仅仅增加一项注射方式不算难事。于是,2004年3月4日,魏威以吉林威威药业股份有限公司的名义,草率地向药典委员会提出修订相关注射液说明书的申请。2004年4月,按照工作程序,经专家讨论认为静脉给药应慎重,要求威威药业提供相关安全性试验和临床试验资料后再议。时任药典会副秘书长的王国荣作出批示,同意专家意见,并要求向吉林省药监局核实是否曾批准静脉给药。 第一次申请很快搁浅了。魏威没想到药典委员会的人这么“不给面子”,于是,遭到阻力的魏威决定采取他的“金钱炸药包”,炸平挡在前面的两座重要“关口”。 第一个关口是国家药典委员会业务综合处副处长李智勇,他“以副代正”负责主持综合处的工作。瘦瘦高高的李智勇虽然学历偏低,但是能力却很强。在人才济济的药监局里,高学历者比比皆是,而像他这样只有大专学历的副处长却凤毛麟角。李智勇给人最深的印象是八面玲珑,善于揣摩领导心思。 第二个关口是国家药典委员会副秘书长王国荣。这位自诩为颇有“佛相”的年轻高官出生于山西太原,拥有研究生学历,享受副厅级待遇。王国荣给人最深的印象是精于“算计”、城府深不可测。 王国荣和李智勇是魏威必须打通的两个关口。因为在“地标升国标”的整顿工作中,国家药监局要求药典委员会在制定国家药品标准的同时制定药品说明书。如果已发布的药品标准及说明书中有错漏,药典委员会可对药品说明书进行制订、修订工作,但这种制订、修订仅限于对原批准过的内容进行保留或删改,不能增加新的内容。如果严格按照国家药监局的这个标准要求,魏威的路是行不通的。但是,魏威想到了一个变通的办法:1996年之前的上述3种注射液是既可肌肉注射又可静脉注射的,只是在“地标升国标”被核减了静脉注射。现在只要修订给药标准,把肌肉注射的一种给药方式改为肌肉注射和静脉注射,就万事大吉了。 魏威之所以把他攻克的第一个关口设定为李智勇,是因为制定国家药品标准和制定药品说明书的工作归业务综合处,而药典委员会的业务专用章也归业务综合处管理,只有在综合处说了算的李智勇可以在药品说明书上盖章。 于是,时隔一年之后的2005年3月,魏威不再以威威药业,而是以诺氏制药的名义再次上报了修订相关注射液说明书申请。为了保险起见,这次魏威打着药监局和注册司有关领导的旗号来找李智勇,并请李智勇提供人参多糖注射液等3种药品既有肌肉注射又有静脉滴注的说明书。李智勇见是大名鼎鼎的“拿号王”魏威,毫不犹豫地同意了。不久,李智勇将盖有药典委员会印章的3种注射液的说明书交给魏威。 按照有关审批程序,制药企业向所在省的药监局提出申请,省药监局审核后上报国家药监局,经药典委员会组织专家论证审核,上报给注册司审批后,即可完成药品标准和药品说明书的修订。魏威打通了李智勇的第一关,获得药品说明书,加上此前已经打通吉林省药监局之后获得的申请恢复人参多糖注射液等3种注射液静脉滴注的材料,即可将材料报到药典委员会秘书长王国荣那里。而魏威早已通过各种关系,提前向王国荣打了招呼,希望王国荣能够高抬贵手。 此时的王国荣正处在被“扶正”后的喜悦之中。王国荣从2002年7月开始担任药典委员会副秘书长,虽然是正处级,但一直主持药典委员会工作。直到2005年2月才被任命为秘书长,此时,43岁的王国荣享受副厅级待遇,他的心情当然与一年之前不一样了。 2005年6月,将各种材料准备妥当的魏威来到王国荣的办公室,一番寒暄之后,魏威提出对人参多糖注射液等3种注射液修订给药标准的要求。王国荣打着官腔让魏威把材料放下,答应“研究研究再说”。魏威没说什么,临走时将申请材料留在了办公桌上。 但是,魏威的所作所为瞒不过精明的王国荣,他并不想轻易给魏威“放行”,必须设置一些障碍才能让魏威心甘情愿地“出血”。在魏威第一次送来的材料中,王国荣发现其中3个药品的说明书上盖有药典委员会的章,他担心是魏威伪造的假章,就悄悄让单位的员工将材料送到中国人民大学进行了鉴定,结果印章是真的。为此,王国荣还在单位悄悄进行了核查,却没有发现是谁加盖的印章。王国荣没有想到,瞒着他偷偷盖章的竟然是自己的心腹李智勇,而李智勇不能也不敢承认这章是他盖的。王国荣没有再向魏威了解盖章的情况,他想,这3种药品马上就要进行专家论证和研究,如果通过了,就不追究这件事情了。 但是,处事谨慎的王国荣还是不放心。2005年8月,王国荣将魏威的申请批转给综合处,要求向吉林省药监局发函核实人参多糖注射液等3个品种是否曾批准“静脉使用”。李智勇于2005年8月9日向吉林省药监局发文核实,很快,李智勇得到吉林省药监局的复函确认。 其实,就在王国荣将魏威的申请批转给李智勇的当天,李智勇为了向魏威邀功请赏,当即把全部情况告诉了魏威。同时,李智勇还煞有介事地说:“王秘书长将这事交给我办,你放心,我一定会办妥。但是,为了保险起见,你得给王秘书长意思意思,他对你这事很上心。” 魏威对此当然心领神会,不仅仅是王国荣想要钱,“具体办事”的李智勇也正张着血盆大口呢。魏威随即从汇丰银行北京分行他个人的“行贿专用账户”中提取了20万元港币,加上家里存放的5万元港币一起,分装在两个牛皮纸袋中,将其中一袋15万元港币悄悄送给了李智勇。而另一袋10万元港币,魏威送到了王国荣的办公室。王国荣看都没看,随手扔到了自己的书架上,再也没有动过,直到后来被警方从他的办公室查出来。 但是,这25万港币实在满足不了王国荣和李智勇的胃口。没过一个月,李智勇再次找到魏威,告诉他申请材料已经审核完毕。但是,李智勇“关切”地对魏威说:“上次你送给王秘书长的钱少了点,你还是再表示表示吧,不然不好办啊。”魏威当即心领神会,为了增加行贿的力度,这次他不再送港币了,而是准备奉送点“硬通货”,再次从汇丰银行他个人的“行贿专用账户”中提取了6万美元。魏威按照每1万美元装在一个汇丰银行的黄色利市袋里,拿钱直奔药典委员会。魏威在李智勇办公室对面的楼道里,将1万美元送给李智勇后,转身拿着一个大牛皮纸袋来到王国荣的办公室。 魏威的借口是来送补充材料,寒暄几句之后,魏威放下牛皮纸袋起身告辞。等魏威离开办公室之后,王国荣急不可待地打开了那个牛皮纸袋,里面有5个不起眼的小黄袋,黄袋里面装的是崭新的美元。正当王国荣准备清点时,有人敲办公室的门,王国荣顾不得清点,一把将装美元的袋子塞到办公桌的抽屉里。此后,王国荣再也没动这笔钱,直到案发后检察人员起获时,才发现那是整整5万美元。 本来,魏威以为送出去这25万港币和6万美元就可以过关了。但是,让“仗义疏财”的魏威没有想到的是,这远远没有结束。2006年元旦,李智勇告诉魏威,2006年1月5日药典委员会要召开专家会研究讨论他上报的申请材料,在这最后的关键时刻,需要再给王国荣表示一下。魏威虽然心里很不爽,但是他什么也没说,一咬牙又从“行贿专用账户”中提取了8万美元。 2006年1月4日,魏威将3万美元送给李智勇,其余5万美元装在一个邮政特快专递的袋子里,依然放在了王国荣的办公桌上。 2006年1月5日,药典委员会综合处组织召开了人参多糖注射液等3种注射液增加静脉注射的专家会,与会专家审核了诺氏制药补充提供的3个品种的安全性评价及临床研究资料,同意恢复了原两种给药方式。2006年1月9日,经李智勇审核、王国荣签发,药典委员会向国家药监局正式行文上报人参多糖注射液审核意见,同意恢复静脉注射。接着,药监局注册司很快作出了同意的批复。 但是,3天之后王国荣就因此落马了。 在制药企业老总魏威、药监官员王国荣、李智勇的联手操作之下,人参多糖注射液等3种注射液就这么出笼了,人参多糖注射液等药品很快投入生产并投放市场。但是,2006年8月25日,国家药监局紧急叫停了这次批准的3种假药。加上魏威操控的制药企业生产的其他2种注射液和另外一家企业生产的注射液,被紧急叫停并被认定为假药的药品共有6种,而魏威一人就占了5种。 临危转赃,受贿扶贫难逃制裁 2006年1月12日,因涉嫌行贿被羁押的魏威首先毫不犹豫地供出了王国荣。1月12日晚上,正在宽沟开会的王国荣与曹文庄等人一起被羁押。次日,检察人员在王国荣的办公室里搜出了全部赃款。1月27日王国荣被正式逮捕。 王国荣先后3次收受魏威的美元10万元、港币10万元,共计折合人民币91万元,被北京市第一中级人民法院以受贿罪判处无期徒刑,剥夺政治权利终身,并处没收个人财产人民币30万元。 而李智勇先后3次收受魏威的美元4万元、港币15万元,共计折合人民币47万余元。就在2006年1月12日晚上王国荣被检察机关带走之后,得到消息的李智勇顿时成了热锅上的蚂蚁,他在家里转了半个晚上之后,决定找一个平时交往不错的朋友出出主意。于是,他提着魏威送给他的美金和港币,连夜找到那位朋友。 为了洗清罪责,李智勇对他的朋友说:“几天前有个企业送给我一个信封,里面有15万港币和4万美元,等我发现之后已经无法退还了,那个送给我钱的人已经不知道哪里去了,我听说检察机关或者中纪委有一个'反贪账号',你能不能帮忙把这钱存在反贪账号里?不然我说不清楚啊。” 听李智勇这样说,那位朋友同意帮忙,收下了他的钱并给李智勇出具了收条。拿到收条的李智勇仿佛拿到一道救命符,小心翼翼地揣好之后回家了。 但是,他的那位朋友并没有找到李智勇所说的“反贪账号”,当朋友如实告诉他时,李智勇顿时手足无措。就在这电光火石的一瞬间,李智勇想到了关于湖南临湘市副市长余斌“受贿扶贫”的报道,余斌受贿10万元用来帮扶贫困和捐助给慈善机构,案发后仅仅被法院判处有期徒刑3年、缓刑5年。如果自己把受贿的这些钱“捐”出去,即使被魏威和王国荣“供出来”,那最后也可能被判缓刑。于是,他决定把全部受贿款捐给一些扶贫机构。 李智勇的朋友立即帮他上网查询,在网络上找到了中国扶贫基金会的账号。李智勇连忙打电话向中国扶贫基金会咨询捐赠事宜。但对方告诉李智勇,捐赠时银行不收外币,只能捐赠人民币。事不宜迟,李智勇连忙让朋友单位的会计将李智勇的全部美金和港币换成47.961万元人民币,分别汇入中国扶贫基金会和中国红十字基金会的账户中。其中30万元捐赠给中国红十字基金会,余款捐赠给中国扶贫基金会。 “捐款”之后的李智勇忐忑不安地等待着坏消息的到来。正如李智勇所料,魏威很快供出了他。2006年2月28日,李智勇被羁押。检察机关的侦查人员将李智勇从中纪委办案点带回询问时,李智勇将他向中纪委交待的收受魏威4万美元、15万港币的事实,向侦查机关作了如实供述。 在法庭上,李智勇以为自己捐赠了赃款就会获得缓刑甚至被判无罪,因此他和他的辩护人向法庭提供了将赃款全部捐赠的证据,以及李智勇2006年2月28日书写的亲笔交待材料,以证明李智勇在被司法机关采取强制措施前,已经如实交待了全部犯罪事实,应认定为自首。 但是,经过检察机关的详细查证,李智勇先后3次收受魏威给予的贿赂款,一直未予退还或上交,在有关部门调查药监局系统有关人员涉嫌犯罪的问题后将受贿款捐赠的行为,属于李智勇受贿后个人对赃款的处置,不影响受贿罪的认定。另外,李智勇在魏威先行到案,有关部门已经掌握其收受魏威给予的贿赂款的情况下,交待了全部犯罪事实,其行为应认定为坦白,不属自首。所以,李智勇的辩解和辩护意见缺乏事实和法律依据,法院不予采信。 2007年7月5日,北京市第一中级人民法院一审以受贿罪判处李智勇有期徒刑15年。而李智勇捐赠出去的47万余元,因为是非法受贿的赃款,也被追缴并依法上缴国库。 在李智勇被判决的当天,他的上司王国荣也以受贿罪被判处无期徒刑。 “铁娘子”卢爱英,药监局里的另类贪官 在马腾、李智勇、王国荣的上游,是药监局窝案落马官员中唯一的女贪官卢爱英。 但是,这位手握医药审批大权的女官员却只收“小钱”,她用10年的时间受贿36万元,平均每天受贿100元,甚至收到的小钱一分也没有挥霍掉,而是连同她和全家的积蓄存在银行的保管箱里,等待检察机关的查抄以求保命。卢爱英这种匪夷所思的贪婪竟然源于这位女贪官的“不平衡”。 在药监局窝案落马的官员中,卢爱英是唯一的女性。此前所有媒体的报道对卢爱英都是仅仅提一下名字,最详细的报道是在卢爱英的名字前面冠以她仕途上的最后职务:国家食品药品监督管理局药品注册司原助理巡视员。 但是,很多人都不会想到,这位无论从面相还是处事作风都堪称凌厉的“铁娘子”,在众多药监局的贪官中的确是个另类。这位注册司长曹文庄的得力助手,“另类”之处在于她的贪婪与占有欲与众不同:她仿佛只对小钱感兴趣,而且不厌其烦地、十年如一日地、上百次收受那些被人们称之为“岁敬”的小钱。在被法院认定的卢爱英上百次受贿事实中,卢爱英每次的受贿数额大多是每笔2000元的“岁敬”,除去最高的一笔5万元之外,其他受贿数额几乎全部是万元以下的小钱。而这上百次受贿累积起来,卢爱英的受贿额也只有区区36万元。相对于她掌握的审批大权来说,这点小钱简直是小菜一碟。 卢爱英总以为收点“小钱”是朋友间的礼尚往来,是给别人面子。但是,这种无休止的贪婪还是在她即将退休之际,为她换来了一副沉重的手铐。2007年7月5日,卢爱英被北京市第一中级人民法院一审判处有期徒刑14年。 在药监局内部,卢爱英不过是注册司的助理巡视员,比起曹文庄、郝和平这些司长们,卢爱英也只是一个小人物。 但是,这位级别不低的小人物的能量却不可小觑。卢爱英的能量来自于她所在的位置,也就是注册司化学药品处,卢爱英的职务是处长,处长的权力是负责审批所有化学药品的批文,所有批文必须经过卢爱英签字之后到曹文庄那里审核才能生效。所以,卢爱英是中国化学药品批文的重重关口中至关重要的“娘子关”。 在担任注册司化学药品处处长之前,卢爱英担任过药监局的前身国家医药管理局科技教育司科研管理处副处长、调研员。也就是在这个位置上,卢爱英尝到了权力带来的好处。从1996年2月当上副处长开始,她的双手就被“潜规则”拴住了。 1996年2月,卢爱英担任国家医药管理局科技教育司科研管理处副处长,主要负责国家医药管理局“局控”管理的科研项目化学药品立项、申报形式审查、组织专家评审、合同签订、计划实施检查,以及对国家科技攻关项目化学药品部分的计划制订、立项的形式审查、组织专家评审等工作。 卢爱英负责的这些项目,都是药品生产企业和国家医药管理局所属科研单位和直属院校申报的,卢爱英的具体职责就是负责这些“局控”项目初步的筛选和归纳,形成初步意见,报司领导审批。也就是说,生产企业和科研单位如果想在国家医药管理局立项,必须经过卢爱英的审批。而这些项目的背后,隐藏着鲜为人知的巨大利益:如果立项成功,国家则拨付相关科研经费。而一些生产企业和科研机构如果拿不到或者拿到很少的项目,也就意味着科研人员没事干,全单位的人都要饿肚子。尤其是科研单位,很多都是靠项目生存的。 卢爱英卡住的恰恰是这些单位的咽喉。 几乎就在卢爱英被任
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