Friday, July 17, 2015

Arbitration Tapie: prosecutors request the indictment Guéant – Les Echos

The Paris prosecutor asked the investigating judges to indict Claude Gueant for his alleged role when he was secretary general of the Elysee, years of arbitration enjoyed by Bernard Tapie , learned Friday AFP familiar with the matter.

In a further submission dated June 22, of which AFP has learned, the Paris prosecutor asks judges “to interrogate Claude Gueant” and “put in consideration of aiding and abetting (for instructions) misappropriation of public funds by an individual”, in this case Bernard Tapie. The date of the examination has not yet been determined. Bernard Tapie in this case is indicted for organized fraud and since May for misappropriation of public funds by an individual.



“The existence of directives of the Presidency services of the Republic “

The prosecution believes that the investigation of the three financial Serge Tournaire judges, William and Claire Daïeff Thépaut had revealed” the existence of guidelines or instructions from the Presidency services of the Republic “under Nicolas Sarkozy,” systematically favor the interests of Bernard Tapie or comply with the wishes of the latter. “

A notably been highlighted “the role of Claude Guéant (…) in the surveillance and monitoring of all phases of the litigation settlement between Bernard Tapie and the CDR,” structure which had been entrusted with the responsibility for managing the liabilities Crédit Lyonnais, continued the floor.

“fraudulent Arbitration”

In the eyes of prosecutors, 403 million euros granted to Bernard Tapie by an arbitral tribunal to resolve its dispute with the Lyonnais on the resale of Adidas, have been “unduly”, “after a fraudulent arbitration”. The court decided in February to cancel the award, made in July 2008, and to retry the case.

When she was done, the sentence gave rise to intense controversy around the choice of opting out of ordinary justice and the amount of funds allocated, including EUR 45 million under the sole moral damage. A criminal investigation had been opened. And investigators suspect the sentence to be the result of a sham organized with the support of the Executive of the time.

In addition to Bernard Tapie, are indicted in this issue one of three referees, Pierre Estoup, history lawyer Bernard Tapie, Maurice Lantourne, the current boss of Orange and Christine Lagarde former cabinet director at Bercy, Stéphane Richard, and the two former bosses the structures responsible for managing the liabilities Lyonnais, CDR and EPFR. In a separate proceeding conducted by the Court of Justice of the Republic (CJR), the court empowered to investigate ministers, Christine Lagarde is put in negligence for consideration.



Source AFP
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