Monday, March 21, 2016

Paris – Case Kerviel: pending decision on a possible retrial – The Express

It’s 14 hours that the Hearing Committee of the Court of Revision, seized by Jerome Kerviel and his lawyers will decide on the application for review which was presented to him on 18 January.

Several scenarios are possible.

First scenario: the Committee considers that the ex-trader has not presented “ developments ” justifying revise his conviction upheld on appeal to five including three years in prison firm for breach of trust.

This will not prevent Kerviel, nor any descendants, to start the offensive in the future. Provided, always, to find a “ developments ” on the huge loss of 4.9 billion euros announced on 24 January 2008 by Société Générale.

Second scenario: the Committee considers that the evidence presented by Mr. Kerviel, that of a former investigator of the Financial Guard, Nathalie Roy, who feel they have been “ manipulated by Societe Generale “during the investigation, is a” developments . ” The committee then appealed to the Court for review, the proceeding may eventually seek a new trial.

Third case: the commission did as requested in January the prosecution, and it stays proceedings, which once again pushes the deadline.

Jerome Kerviel as to his lawyer David Koubbi, there is no doubt that the great French bank covered the actions of its former trader. And then she made it alone bears the legal consequences, after an investigation and two trials at first instance and on appeal, ‘ fakes . ”

– “ Justice deceived ” or “ allegations fantasy ” ‘-

The classic position of large groups that is to knock whistleblowers, to stifle business, it is no longer possible. this is what is at stake “of the application for review, says Mr. Koubbi AFP.

Jean Veil, a lawyer for Société Générale, considers him “ strict enforcement of law should lead the Commission to note the absence of new facts, not the Court of Review and to reject outright the request of Mr. Kerviel.

But me Veil, a sarcastic anything, do not rule out that the commisison decides a stay of proceedings,” out of humanity . ”

Whatever the decision Monday Kerviel and his former employer have not finished with each other. Countless complaints registered by one side or the other, or revelations or press leaks.

Recently, senior judges and elected officials have signed in the newspaper the Opinion a platform calling for a new trial. They believe that if in the Kerviel case, “ justice was wrong, it was because she was deceived .”

fantastical claims ” according to Mr. Veil, who Weeder “ people, including judges, which shall exempt from compliance with the adversarial principle since they familiar with the file that the evidence provided by former trader . ”

Both sides still have the opportunity to compete from 15 to 17 June when the Court of Appeal of Versailles rejugera the “ civilian component ” of the case Kerviel. The former trader was initially ordered to pay damages fully offset the huge loss of Société Générale, but justice was reversed that decision, finding that the bank had failed in its control mechanisms. And could not therefore claim damages of 4.9 billion euros.

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