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In France, the prosecutor's office requested Monday, April 1, five years in prison for Bernard Tapie for "fraud" and "embezzlement of public funds" in the controversial arbitration case which had granted him 403 million in 2008 and was canceled for "fraud".
For the prosecution, the arbitration supposed to settle an old dispute between Bernard Tapie and the Credit Lyonnais was " rigged ". And the businessman was the " co-organizer " of this fraud and his " main beneficiary ", said the representatives of the prosecutor, Nicolas Baïetto and Christophe Perruaux.
After an indictment of more than four and a half hours, they asked for a five-year prison sentence against the boss of the media group La Provence and former minister, who is suffering today. years of a dual cancer, and called the Criminal Court to order the confiscation of all of his seized property.
Symbolic sentences
The prosecutor's office also ordered a three-year suspended prison sentence against Maurice Lantourne, former lawyer of Bernard Tapie and his " eminence grise ", and three years in prison against the high magistrate and principal editor of the arbitration award, Pierre Estoup, " in the pay " of the duo.
The prosecutors' representatives are not fooled: these sentences are symbolic. If pronounced, there is little chance that they will be executed. " In the requisitions, there is a little bit of a particular notion that is that of" possibility of executing a sentence ". It is true that when one is sick, when one is old, often the sentences are not executed. It is the Code of Criminal Procedure that provides for it very strictly, under the supervision of a judge of enforcement of penalties, "said Benedict Chabert, lawyer of the civil parties.
" Nevertheless, symbolically, there is a search for severity because the public finances were at stake. There was still in this case a rigged arbitration, with an arbitrator who made believe that he was independent, " recalls Benoît Chabert.
Three years in prison against Stéphane Richard
Against the current CEO of Orange Stéphane Richard, who was the chief of staff of the Minister of Economy Christine Lagarde and who made it a " truncated presentation " of the dispute when entering arbitration in 2007 , the public prosecutor asked for three years of imprisonment, including 18 months firm, with a fine of 100,000 euros and a ban of any public service for five years.
→ Also read: Tapie case: Christine Lagarde sentenced for "negligence"
The same sentence of imprisonment and the same ban was demanded against Jean-François Rocchi, former leader of the Consortium de réalisation (CDR), an entity in charge of managing the liabilities of Crédit Lyonnais and opponent of Bernard Tapie during arbitration. The release was instead required for Bernard Scemama, another official also tried since March 11.
The State and the CDR, civil parties at the trial, have requested the payment of 525 million euros in damages. They further claim respectively one million and 500,000 euros in respect of non-pecuniary damage.
The pleadings of the defense must begin Tuesday morning and spread over three and possibly four days. The judgment is not expected for several weeks.