The exact opposite of the decision of the criminal court, which had pronounced a general acquittal in July 2019, the court ruled that the arbitration, which had awarded 403 million euros to Bernard Tapie, had been the subject of a scam".

The small courtroom, filled like an egg, listened in thick silence to this long-awaited decision, decisive in the ancient conflict between Bernard Tapie, who died in October, and Crédit Lyonnais around the resale of Adidas in early 1990s.

The arbitration rendered in 2008, which was to put an end to the dispute, was immediately controversial.

It has since been canceled in civil matters in 2015 and Bernard Tapie ordered to reimburse the public money collected.

It is in the criminal proceedings that the court of appeal ruled on Wednesday, which had to determine whether offenses had been committed.

At the time chief of staff of the Minister of the Economy Christine Lagarde, Stéphane Richard, now CEO of Orange, was sentenced to a one-year suspended prison sentence and a fine of 50,000 euros.

"He committed serious acts by privileging the interests of Bernard Tapie to the detriment of those of the State and of the public finances which he was in charge of defending", explained the president of the court Sophie Clément.

"Discredit"

He "betrayed the confidence" of Christine Lagarde by "his occult actions", continued the magistrate.

"The damage suffered by the State is immense because of the sums embezzled and the discredit that the behavior of the defendant threw on the public service".

Stéphane Richard, 60, who left the courtroom without commenting, announced an appeal in cassation, denouncing "accusations (...) without any foundation" and "based on no evidence".

"I am handing over my mandate to the Orange board of directors," he added.

The board of the telephone operator must meet Wednesday at 18:00 to "draw the consequences" of the judgment targeting Mr. Richard.

For not having appealed against the arbitration award, Christine Lagarde was found guilty in 2016 of "negligence" but exempted from punishment by the Court of Justice of the Republic.

Orange CEO Stéphane Richard during a speech at the Mobile World Congress in Barcelona on June 18, 2021 Pau BARRENA AFP / Archives

The court handed down the heaviest sentences against the two men found guilty of fraud: one of the three arbitrators Pierre Estoup and the historical lawyer of Mr. Tapie, Maurice Lantourne.

The first, now 95 years old, was "committed to the cause of Bernard Tapie" and "fully mastered the arbitration by circumventing the other two arbitrators", estimated Ms. Clément: he was sentenced to three years of imprisonment and a fine of 300,000 euros.

The second "obtained the designation" of Mr. Estoup and "continued secret relations" with him during the process, according to the court.

"Private interests"

Me Lantourne, 65, convicted of complicity in the embezzlement of public funds, was sentenced to three years in prison, one of which was firm, a fine of 300,000 euros and a five-year ban on practice - applicable immediately.

The appellate court also condemned Jean-François Rocchi, former president of an entity responsible for managing the liabilities of Crédit Lyonnais, for having "put his knowledge" as an official "at the service of private interests".

This 66-year-old man was found guilty of complicity in the embezzlement of public funds and sentenced to two years in prison and a fine of 25,000 euros.

Another official, Bernard Scemama, for his part was released.

Bernard Tapie was implicated in this case, but the criminal proceedings against him have been extinguished since his death on October 3.

The Court of Appeal nevertheless considered that he had "committed a civil fault" by "activating his political support" and by "mandating his lawyer to put pressure on the opposing party".

On reading these motivations, Hervé Temime, lawyer for the businessman who has always claimed his innocence, shook his head.

MM.

Estoup and Lantourne, as well as the companies in liquidation of Bernard Tapie, were ordered to pay around 400 million to the structures managing the liabilities of Crédit Lyonnais.

MM.

Richard and Rocchi were ordered to pay 40,000 euros to these same structures and the four defendants to pay 100,000 euros in respect of non-pecuniary damage to the State, as well as 600,000 euros in legal costs.

© 2021 AFP