Justice validated, Friday, December 17, an agreement allowing the luxury group LVMH to avoid prosecution in the investigation into a spy system in which the former head of internal intelligence Bernard Squarcini would be involved, in exchange for a fine of 10 million euros.

During a public hearing, the Paris court on Friday approved a judicial agreement in the public interest (Cjip) concluded two days earlier between the multinational billionaire Bernard Arnault and the Paris prosecutor's office.

In announcing her decision, Vice-President Caroline Viguier explained that she had notably taken into account the "age of the facts" and the "degree of cooperation" of the luxury group "and the means implemented to avoid repeating the facts" .

This agreement, made possible by law since 2016, comes at a time when an investigation has been interested since 2011 in the links of the former head of internal intelligence Bernard Squarcini, nicknamed "the Squale", with the private sector and in particular with LVMH.

This judicial information with drawers, which reveals the murky links between figures of the police, the intelligence and the private interests, was widened in October 2019 after a complaint with constitution of civil party of François Ruffin and the newspaper Fakir.

François Ruffin's opposition to this agreement

François Ruffin denounced the "surveillance" to which he was subject "for nearly three years" by Bernard Squarcini at the request of LVMH, during the filming of "Merci Patron", a satirical film on the world leader in luxury awarded in 2017 of the César for best documentary.

The journalist worried the group because he planned to disrupt general meetings of the multinational.

During the validation hearing of the Cjip, the deputy for the Somme called on the judge to "refuse" this agreement, stressing that the fine represented only "0.02%" of the annual turnover of LVMH ( 44.6 billion euros in 2020 with brands like Louis Vuitton, Dior, Givenchy, Guerlain, Hennessy or Sephora).

LVMH-Squarcini case: my reaction to leaving the Palais de Justice in Paris, where Bernard Arnault has just bought the right from Justice to infiltrate @Fakir_ and monitor my private life for 10 million euros.

pic.twitter.com/34nw2dFtvU

- François Ruffin (@Francois_Ruffin) December 17, 2021

He said he was not asking for anything for him, but was asking for an "admission of guilt" from LVMH, which is not provided for in a Cjip.

"These facts are over, they are facts that belong to the past, to another era, to another governance", supported Me Jacqueline Laffont, representing LVMH on Friday with Me Hervé Temime.

 She stressed that with this Cjip, the fine now due by LVMH to the Public Treasury within three months is "five times greater" than the maximum incurred in the event of a possible criminal trial.

LVMH admits "dysfunctions"

"There is no institutionalized system within the LVMH group and the group assumes, including any dysfunctions that may have occurred," assured Jérôme Sibille, administrative and legal director of the luxury group, at the helm. immediately waived his right of withdrawal on this decision, making it final.

"Can justice be bought and cheaply? The answer is yes", reacted François Ruffin at the end of the hearing.

"It is a blank check for all future cases of infiltration of multinationals. It was enough for LVMH to pay to be extracted from the procedure," he said.

"The main sponsor of this case is going out the back door," regretted Me Alexandre Merdassi, who represented François Ruffin and the Fakir association, also a civil party, during the hearing.

He estimated that this check for 10 million euros had "no dissuasive interest".

"The Paris prosecutor considers that the Cjip procedure is an effective means of sanctioning facts prohibited by criminal law and which the signatory company has justified having terminated", argued the Paris prosecutor Laure Beccuau in a press release in the 'afternoon.

While this agreement eliminates the possibility of suing LVMH in this case once payment has been made, it does not end the legal proceedings against individuals.

At least nine people are now indicted in this judicial investigation.

Among them, Bernard Squarcini is accused of 16 alleged crimes, including influence peddling, embezzlement of public funds, or complicity in invasion of privacy and illegal exercise of private research agent.

At his side, Laurent Marcadier, a former magistrate of the Paris Court of Appeal who had converted in 2013 to security, also within LVMH, is also being prosecuted.

In court, top LVMH leader Jérôme Sibille indicated that a conventional break-up procedure with Mr. Marcadier was underway and that he would leave the group in January 2022.

With AFP

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