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凌动智行董事长郭力麟:希望史文勇服从法律配合接管工作(3)

2019-05-16 17:13栏目:财经

For instance, Justin Chen and Zemin Xu were both at the Company and as directors of the board able to vote on certain things that would have prevented this entire situation.  Yet, they decided to resign and walk away rather than stand up to Vincent's illicit actions.


However, it has come to everyone's attention that both continue to aid and support Vincent today.


Neither Justin or Zemin have cooperated with the Receiver and the court orders up to this point.  And both have actually actively helped Vincent further do damage to the Company's assets and shareholder interests.

In fact, Zemin has broken the law directly by refusing to turn over company records and documents as required of by the legal reps and company officials. By refusing to follow these legal obligations, Zemin is criminally liable for his actions.


He resigned from LKM in September 2018, but even today is illegally aiding Vincent and not following basic China and HK law as required for record keeping and document handling. These illegal efforts will face their consequence soon enough.


史文勇博士违背规则、法律和道德权利,他得到朋友、甚至是本公司董事的帮助和怂恿,这些人要么与此事有牵连,要么过于害怕而不敢站出来做正确的事情。

例如许泽民和陈亦工,他们既是公司成员,又作为董事会董事,能够就某些事情进行表决,而这些事情本来可以阻止整个情况的发生。但是他们决定辞职并离开,而不是反抗史文勇博士的非法行为。


然而,今天大家都注意到,他们依然在继续帮助和支持史文勇博士。


许泽民和陈亦工都没有与接管人合作,即使法院已经对此作出命令。事实上,他们都积极帮助史文勇博士进一步损害公司的资产和股东利益。


许泽民的行为是违法的,他拒绝按照法律和接管人的要求交出公司的记录和文件。拒绝履行这些法律义务,他需要为他的行为负有刑事责任。


许泽民于2018年9月从凌动智行辞职,但现在他仍非法协助史文勇博士,不遵守中国和香港的基本法律去保存记录和处理文件。他将为自己的违法行为付出代价。

新京报:那接管人和包括史文勇在内的原管理层是否有进行沟通?


郭力麟:据了解,接管人多次联系过史文勇在内的原管理层,但基本没有得到他们的回复与工作配合。


在这些问题没有暴露之前,实际上作为股东,我是支持史文勇工作的,曾经也有过很多的交流,但我们没有想到公司会走向这样一个状况。林宇对史文勇的指控已经让公众很震惊,我们当时只是希望他们二人的问题自己去处理,不要影响到上市公司以及公众投资者的价值,当时只要是年报能够正常提交,实际上凌动智行不会被SEC要求退市。


在这样的紧要关头,我们是希望史文勇博士能够退出董事会,专注去解决跟林宇博士之间的问题,但这个合理要求没有被史文勇博士所认同,这显然是他把个人利益置于公众利益之上,最后他拒绝暂时退出董事会。

新京报:所以史文勇拒绝退出董事会是导凌动智行年报发不出来的重要原因吗?


Matt Mathison:The Company was unable to file its 20F for very simple reasons.  And these reasons have everything to do with Vincent. 


The 20F was delayed for 2 reasons: (1)the financials were found to be inaccurate and needed correcting because it was discovered that Vincent has used Company cash to secure a personal loan for his purchase of FL Mobile.  This needed to be corrected and all financials needed to be updated accordingly.


(2) The Company needed to complete the independent investigation that was being conducted by the independent directors related to allegations by Henry Lin. Both of these items were straightforward.  However, at the time that the independent investigation was completed, it was necessary for the Board to take action based on the findings in order for the Auditors to move ahead with their audit work.It was clear that change was needed and Vincent could no longer be trusted to run the company, lead the company, or be a director of a public company.  He needed to step down, or be removed by the Board of Directors. 


And of course that is where everything went crazy. Vincent refused to do this, the Board was unable to gain a majority to vote in this manner (because too many of the directors that could have done it resigned and were replaced by Vincent's loyalists), and ultimately that led to the situation in which Vincent would not even pay the auditors or the securities law firm in order to finish the work.