Sunday, December 11, 2016

Before the Court of justice, Lagarde between negligence and obedience – Liberation

Dirty week in anticipation for Christine Lagarde. The ex-minister of Finance under Nicolas Sarkozy, and current director of the international monetary Fund (IMF) appears before the Court of justice of the Republic (CJR) for its role in the management of the case, Bernard Tapie. She is accused of negligence for allowing then validated the arbitration leading to the ancient dispute between the businessman and the Credit lyonnais. “Neglect” is a minor offence, punishable by a year in prison, as defined by the penal code such as “a lack of recklessness, a breach of the duty of prudence, a lack of care”. The indictment of the RGC, signed by the senior magistrate Claude Nocquet, takes care to give a tran slation by a volley of bird names : a “lightness little eligible”, Lagarde would “over rather than studied” the folder. His “a carelessness” would have been driving to make a decision “poorly prepared and committed and unwelcome”. Brief, in spite of a “the culture and experience of a lawyer of”high-level”, the follow-up of the folder Tapie, Christine Lagarde, “is a conjunction of faults which, by their nature, their number and their gravity, exceeds the level of mere negligence”. At the end of this load is severe, the former lawyer business is dressed again for the winter. But, as we will see, Lagarde has of the guarantor.

read also Court of justice : a court that Holland wanted to remove as soon as 2012


It accuses him of having claimed bravachement two ministerial decisions from Bercy, so that the record Tapie was monitored as the milk on the fire if not controlled in direct – by the Elysée. On 10 October 2007, she provides instruction to representatives of the State not to oppose the request for arbitration filed by the lawyers of Bernard Tapie. This green light is personally criticized, but it was preceded by a summit meeting on July 30, 2007, in the office of Claude Gueant, secretary general of the presidency of the Republic, in the presence of Patrick Ouart, adviser of justice of the French president, nicolas Sarkozy, and François Pérol, his economic adviser. Christine Lagarde had delegated his chief of staff, Stéphane Richard, which was the go-between between Bercy and the Elysee. Jean-François Rocchi, chairman of the RDC (public body in charge to settle the disputes of the Credit lyonnais), was also present.

The commission instruction of the Court of justice of the Republic has heard them all : “According to DRS. Richard and Rocchi, the advisors at the Elysée, without formal instruction, have then expressed a very favourable opinion of the arbitration. For MESSRS. Guéant and Pérol, it could not be a decisional meeting, reporting to the minister of the Economy.” the art Of discard on Lagarde. For the record, as early as 2004, during his brief stint at Bercy, the tandem Sarkozy-Guéant sped up already behind the scenes in favour of a negotiated solution to the dispute lies in wait.

the Second decision is alleged to Lagarde : on July 28, 2008, once issued the arbitration award granting 403 million euros in damages to Tapie, the minister of Finance gives the instruction to State representatives to oppose an appeal. Again, a pre-conference meeting was held in the presidential Palace, still under the direction of Guéant, in the presence of the same Ouart, Pérol, Richard and Rocchi. According to the latter, the counsellor of justice of Sarkozy – Ouart, therefore, would be “shown to be outright hostile to a remedy”. again, Lagarde agrees to take on it, confessing himself to be “personally more invested when the problem of the action for annulment has landed”. of Its services at Bercy recommend an action, for the principle ; the advocates of the RDC then multiply the notes are contradictory. Lagarde is said to have decided to end this damn case cost in legal fees. But admits that some legal documents submitted for i ts assessment were not always “very easy to read”. Unfortunate.

The prosecutor general’s office has required (and will require, therefore, the trial that opens on Monday in front of the CJR), a non-place in favour of Christine Lagarde. In remaking the film in his own way. the “decisions taken formally by the minister were actually taken collectively at the highest level of the State, which puts into perspective the personal responsibility of the single Mme Lagarde.” After having pointed out the “see you frequent Mr. Tapie with the president of the Republic,” the case for the prosecution of non-place finishes with this long quote from François Fillon, then Prime minister of Nicolas Sarkozy, bringing “all his support”, Christine Lagarde : “This is a decision of the government of which I am of course supportive.” the wise.

even Before its opening, the trial before the RGC is open to debate. Patrick Maisonneuve, the lawyer for the director of the IMF (who is on leave for the occasion) will ask for a stay of proceedings. Because the main component in the criminal case is still in stand-by. Bernard Tapie, his lawyer (Me Maurice Lantourne), one of the referees, the two leaders of the CDR but also Stéphane Richard are prosecuted before the ordinary courts for fraud and embezzlement of public funds. Oddly, while the investigation is completed since July, not the least indictment or order for reference corrections. the Wait and see ?


Taking all the world of speed and insisting on his imperium, the RGC (initially seized in 2011 by members of parliament, PS) considers that the negligence is a “stand-alone crime”. Except that she continues Lagarde for “neglect that allowed the misappropriation of public funds”, at the risk of putting the cart before the horse. For Me Maisonneuve, “the prevention envisages the diversion as being acquired” so that a future trial of Lurking & Co “might lead to a contrary decision.” His application has little chance of success, the chair of the RGC, Martine Ract-Madoux, have already had occasion to reject this type of stayed proceedings in a previous case of defamation pertaining to the… Bernard Tapie.

Pataquès guaranteed. Of the twelve witnesses called by the prosecution and the defence in front of the RGC, Stéphane Richard has already indicated that he will refuse to testify. However, it is brought into consideration, among other things, have “hidden to his minister of the key facts of the case, participated in meetings at the presidency of the Republic, without his knowledge”. for the prosecution, she did cite as witnesses the Elyos Claude Guéant, and François Pérol (heard as a simple witness in the pane on the criminal), but also the predecessors of Christine Lagarde at Bercy, Thierry Breton and Jean-Louis Borloo. Nothing but beautiful clothes in the bar.

Always quick to add his grain of salt, Bernard Tapie (after cancellation of the arbitration, and that courts have awarded one euro in damages and interest) are preparing a new volley of writs against the French State. the “Christine Lagarde had she reason to validate the arbitration in fear of other procedures on our part ? We will all find out in a few weeks,” said Tapie Release.

Renaud Framework


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