Jerome Kerviel should he pay the 4.9 billion euros of damages claimed by Société Générale for 8 years? This is the challenge awaiting the new trial Wednesday the former trader before the Court of Appeal of Versailles.
The Supreme Court upheld in 2014 the conviction of Mr. Kerviel to five years imprisonment, of which three farm for embezzlement, but broke the huge damages that were claimed from it by the bank for a new trial on this.
Argument of the highest French court: the banking giant has failed in its control mechanisms and therefore can not claim compensation fully cover losses charged against the former trader
<. p> Jean Veil, lawyer for Societe Generale told AFP, the challenge of this new trial “whether (these) unintentional failures of controls of Societe Generale may reduce the liability Mr Kerviel to repair the damage he has caused deliberately. “
A new civil trial was opened on January 20, before being immediately suspended at the request of the defense. Mr. David Koubbi, Kerviel lawyer, wanted a postponement, time to be attached to the end of the review proceedings launched on 18 January by the former trader to claim a new criminal trial.
But the president of the appeal court, Patrick Wyon, estimated that the civil trial calendar was “not likely to be fundamentally challenged by the review procedure.” And that in any case, the “guilt” of Mr. Kerviel was “legally acquired”.
The defense of Mr. Kerviel sincerely hope that this new trial turns into that of Société Générale. “This is already the case, since the task assigned to the referring court of appeal is to appreciate the faults of Société Générale in the damage it claims to have suffered and which has been confirmed by any independent expert believes me Koubbi, told AFP I expect that all the faults committed by the bank and its agents is the subject of a thorough “
-.. a trial “fair”? –
The lawyer also hope this trial it is “fair, to see if Kerviel can be treated as a defendant as the other”
His client, who. opens forehead after another against his former employer, had last week its first legal success since the bursting of the case 24 January 2008: industrial tribunal of Paris ordered the bank to pay him some 455.000 euros, saying it had been dismissed “without real cause or serious” and conditions “vexatious”.
would the wind about to turn in favor of ex-trader? “No. I absolutely do not believe. The board industrial tribunal is not called + + court of tribunal. This is not a court and in my opinion, should be deleted” these instances, reacted Me Veil. “In 40 years of practice, I have never seen any jurisdiction whatsoever say the opposite of what was held by the Court of Cassation,” protested the lawyer who appealed the . labor court decision
the trial in Versailles, which is to last three days, should in any case take a particular turn with the latest offensive, to say the least unusual, defense: me wants Koubbi hear the three lawyers of Société Générale as witnesses, saying that “there are elements that put into question personally malfunctions” of justice that has so far reported.
me Jean Reinhart, Jean Veil and François Martineau have been subpoenaed, which, if any, would prevent them from attending a good part of the trial. In addition, this provocation shaped initiative raises questions of an ethical nature, lawyers are bound by professional secrecy, which would prevent them from doing the stand revelations about their customers.
15/06 / 2016 6:59:55 – Versailles (AFP) – AFP © 2016
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