Sergio Toinette, former manager of Korbey d’Or, a company specializing in the personal assistance sector and employing more than 650 employees, sentenced in October 2021 by the Court of Appeal for misuse of corporate assets to 24 months’ imprisonment including an eighteen-month suspended sentence, a fine of 50,000 euros, a ten-year ban on managing, a ten-year ban on holding public office, five years of ineligibility, but also the confiscation of real estate , appealed in cassation.
The decision fell at the end of last week. The Court of Cassation confirmed, in large part, the judgment of the Court of Appeal of Saint-Denis, except for certain provisions. She broke and canceled, without returning the case, only the “only provisions relating to the sentences of prohibition to manage and exercise a public function pronounced, all other provisions being expressly maintained.” The Court of Appeal had prohibited the former manager of Korbey d’Or from “direct, administer, manage or control a business or corporation for a period of ten years”. On this first point, the Court of Cassation limited this prohibition to “the direction or management, direct or indirect, of a commercial or industrial enterprise.” As for the ban on holding public office, it was reduced from 10 to 5 years.
Expensive costs and a new criminal investigation
However, is this the end of the troubles for Sergio Toinette? Quite the contrary. As part of the second collective proceedings opened at the Saint-Denis Commercial Court – Korbey d’Or had already been placed in receivership in 2017 and had benefited from a continuation plan – and the placement in judicial liquidation of Korbey d’Or But in August 2022 (since bought by Alefpa, read our previous editions), the judicial liquidator Me Hirou demanded and obtained from the commercial court an extension of the judicial liquidation to the former leader, but also to the Sygma holding company (request for extension of the judicial liquidation procedure for confusion of assets or fictivity of a legal person, Ed). For what reasons ?
The expensive lifestyle of the former leader noted by the judicial liquidator and which also earned him the opening of a new criminal investigation. These undue costs were included in the deliberation delivered by the commercial court on March 31. Several expenses raised by our colleagues from the Daily, such as more than “500,000 euros for luxury vehicles, more than 70,000 euros for purchases of luxury goods, hotel and restaurant costs”, were pointed out by Me Hirou in his report, explaining, in large part, the liability of 3 million euros of the structure (tax and social debts) even then “The activity is 90% financed by public funds from the county council”, as the Court of Appeal rightly pointed out in its deliberation of October 2021. According to our information, Sergio Toinette and Sygma have appealed against this decision of the Commercial Court.
Julien Delarue
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