The testimony of the police commander, who believes that the General Society could only be aware of Kerviel’s actions, is “a bomb” estimated the trader in an interview with L’Express. He grabbed the review board to overturn his conviction.
The Kerviel case could be revived. The complaint against X for fraud judgment filed by the former trader at Société Générale could indeed make a stir. Under this procedure, the police commander of the financial police, in charge of the investigation into the loss of Societe Generale in early 2008, has delivered an amazing testimony before the investigating judge Roger Le Loire, April 9 . Nathalie Le Roy, who fed the investigation that led to the conviction of Jerome Kerviel admits doubts before the judge, according to the information site Mediapart .
“A liberation” for Jerome Kerviel
In an interview with the newspaper Express, to be published Wednesday Kerviel is relieved: “It is for me a liberation.” With regard to this new development, “it is a bomb, he says, not only because this testimony broke the bank by unmasking the official version, but it comes from the person most familiar with the case “. Whoever said today “at peace with itself,” greet “the act of bravery” of the commander: “I am amazed by the courage of this person who today find the strength to take on and say I was wrong “
The former Societe Generale trader was convicted for having lost huge sums taking risky positions on the markets without informing his superiors and did. not comply with the procedures. “The case related to fraudulent activities of Jerome Kerviel now goes back more than seven years and has been the subject of several court decisions which have recognized the exclusive criminal culpability of Jerome Kerviel,” said Societe Generale.
In March 2014, the Supreme Court upheld the conviction of Jerome Kerviel sentenced to five years’ imprisonment, three years firm for breach of trust, computer manipulation, forgery and use of forgeries. Senior judges were also appointed several officials, including Societe Generale, breaking the civil provisions condemning the former trader to pay the full damages suffered by the bank, or 4.9 billion euros.
An extremely rare procedure
In theory, justice has finally settled on this. But the complaint for fraud judgment filed by former Societe Generale trader could change that. “If fraud is proven at trial, it is a serious offense performed in order to deceive the magistrates, said master Nathalie Roze. The consequences are twofold. First, it could lead to a questioning of criminal responsibility of Societe Generale and / or managers of the bank. These could then be the basis for the opening of a retrial, which would be a real earthquake for the Kerviel affair, “says the criminal lawyer. The trader also seized Monday night the Revision Commission to overturn his conviction, said his counsel, Mr. David Koubbi.
“It would be conceivable, and even outright acquittal of Jerome Kerviel. Penalties for Societe Generale and / or its officers could also be limitless. This could take the form of fines for corporations and jail terms, there is no ceiling, “says Nathalie Roze.
” But for a review request trial to be successful, needs to be serious elements, new and not previously known. Such a procedure is very, very rare, “adds the expert.
” Not really new factual elements “
It should including the statements of the police commander are proven. But “there is not really new factual elements in what we are told of the testimony of the commander of the financial police in charge of the Kerviel affair, says Olivia Dufour, a journalist and author of Kerviel: survey on a financial earthquake . When it says it has the feeling of having been manipulated for example, it is a feeling and not facts. “
Frames” sequestered “
About the confidences of a person who worked in the human resources department of Societe Generale made to the Commander, “there is nothing scandalous, for what I understand of the testimony reported by Mediapart” says Olivia Dufour. The human resources manager who did not testify at trial would have told the Commander that “after the discovery of the facts, Frédéric Oudéa, chief financial officer at the time, was” kidnapped “a number of frameworks to make them sign an undertaking of confidentiality of all they had learned. ” But this is in fact “a simple application of securities law that imposes, when delaying the announcement to the market of sensitive information, guarantee absolute confidentiality by making just sign confidentiality commitments a classic procedure that does not seek to hide anything to justice but simply to prevent leaks. This information was then publicly disclosed Thursday, January 24, 2008, “says freelance journalist.
Meanwhile, Societe Generale” is surprised at the statements allegedly made by a police officer investigating judge Parisian in charge of complaints by Jerome Kerviel as he himself had told police interrogators in January 2008 that he had acted alone and without the knowledge of his superiors. ” The bank also stresses have “filed two complaints for false accusation to meet the two complaints filed by Jerome Kerviel”. The question they are the judicial action taken on those complaints. One thing is certain the Kerviel affair is far from over.
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