What is the crime of the company forging social security?

Suspected of excessive amount is a crime of fraud.

According to the provisions of China social insurance law

Article 88 Anyone who defrauds social insurance benefits by fraud, forgery of certification materials or other means shall be ordered by the social insurance administrative department to return the defrauded social insurance benefits, and shall be fined at least two times but not more than five times the amount defrauded.

Eighty-ninth social insurance agencies and their staff have one of the following acts, and the social insurance administrative department shall order them to make corrections; If losses are caused to social insurance funds, employers or individuals, they shall be liable for compensation according to law; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:

(1) Failing to perform the statutory duties of social insurance;

(2) Failing to deposit the social insurance fund into the special financial account;

(3) Deducting or refusing to pay social insurance benefits on time;

(four) lost or tampered with the payment records, enjoy social insurance benefits records and other social insurance data, personal rights records;

(five) other acts in violation of social insurance laws and regulations.

Extended data:

Behind the "illness" of 50 people is actually a shocking Foshan social security fraud case! Luo, the former staff member of Chancheng Social Security Bureau, knows the internal loopholes of the Social Security Bureau like the back of his hand. By forging false reimbursement materials, he made 50 people "sick" and applied for medical insurance reimbursement, and the "reimbursement" of up to10 million yuan flowed into his own pocket.

Luo is too clever to make a mistake. He finally caught the news and his whole family was implicated.

On February 4, 20 14, 14, the case was heard in the first instance of Foshan Intermediate People's Court, and all five defendants, including Tan Hao, pleaded guilty. The case was not pronounced in court.

According to the information of the prosecution, Luo 3 1 year-old, from Nanzhuang, was originally a contract worker of the Social Insurance Administration Bureau of Chancheng District, Foshan City. On August 5, 20 13, Tan Hao surrendered himself to the public security organs under the persuasion of relatives, friends and lawyers, and the truth finally came out.

What is even more shocking is that more than one person applied for medical insurance materials was forged. The police finally verified that 50 people were "sick" and applied for medical insurance to reimburse related expenses.

Foshan City Procuratorate pointed out that from October 20 12 165438 10 to July 20 13, Luo used the convenience of working in the medical department of Chancheng Social Security Bureau to get familiar with the reimbursement process of social medical insurance.

On the grounds of helping to handle social security, he borrowed ID cards from Chen Mou and others, and then forged false materials such as medical records and invoice receipts of the above-mentioned personnel, and submitted them to Chancheng District Social Security Bureau and Nanhai District Social Security Bureau to apply for reimbursement of medical insurance funds for employees and residents, and took them for himself after defrauding the reimbursement funds.

According to the allegations, Tan Hao * * * used the above means to defraud social medical insurance reimbursement of more than 9.2 million yuan, and another 2.27 million yuan was unpaid.

Among them, 39 cases of defrauding the Social Security Bureau of Chancheng District, with the amount of 82 1 10,000 yuan, and 6 cases of falsely reporting medical expenses of * *194,000 yuan, will not be reimbursed; Four cases of defrauding Nanhai Social Security Bureau, amounting to more than 980,000 yuan, failed to pay false medical expenses of more than 320,000 yuan 1 case.

According to the description of the medical insurance process provided by the injured unit, it can be seen that according to the system, medical insurance reimbursement must first go through the preliminary examination, review and audit of the handling branch, then go to the district medical office for review and summary, and then pay medical expenses through the bank.

If the injured unit strictly follows the system review, the defendant can't get it so easily. In fact, the injured unit is only a formal review, and there is no substantive review, so it provides loopholes for the defendant's criminal behavior.

Baidu Encyclopedia-People's Republic of China (PRC) Social Insurance Law

People's Daily Online-Did the staff cheat 9.2 million social security? 50 people are "sick"