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The plaintiff’s lawyer praised the “titanic job” of the investigators and paid tribute to the examining magistrate who, after 5 years, enabled the defendant to pass from the status of “assisted witness” to that of of “indicted”.
A 65-year-old businessman had to answer for a fraudulent insolvency organization. The facts were denounced by his ex-wife following their divorce in 2012. The case begins with a complaint filed on September 10, 2012 by the mother living in Saint-Arnoult (Calvados), near Deauville.
“A comfortable lifestyle”
In the process of divorce after 11 years of living together, she explains that the father of her children does not respect the terms of the non-conciliation order of July 2012 fixing the maintenance for each of their two children at 1000 € and him allocating to itself € 6,500 for the duty of help. Pensions which the prosecutor will note that they have been evaluated “with a wet finger” by the judge in family cases.
Indeed, in the absence of details on the nature and amounts of the husband’s income, and the balance sheets of his companies, the magistrate concluded at least that the family was leading “a comfortable way of life”. A Danish national, the man works in the import-export of exotic wood from Cameroon.
Subterfuge to reduce your income
Relying on information extracted from her husband’s electronic mail without his knowledge, the mother accuses him of having used subterfuge in order to artificially reduce his income as well as their heritage. They got married under the community regime and no marriage contract was made.
It evokes offshore bank accounts, shell companies, nominees and tax havens scattered in countries known for their discretion vis-à-vis the administration. During the hearing, we will hear about millions of euros, Panama, Denmark, Hong Kong, Panama papers, Luxembourg and a company targeted by a complaint filed by Greenpeace.
International letters rogatory
First closed, the mother’s complaint will end up on the examining magistrate’s desk a few months later and will be the subject of an international rogatory commission entrusted to the PJ of Caen.
If the amount of the salary announced by the businessman to the family court judge at the time of his divorce – € 7,000 per month – is substantial, it nevertheless seems insufficient to ensure the standard of living to which the family was accustomed.
The house estimated at 2 million euros
Independently of the companies – of which the man will maintain that he was only an employee -, the couple owns the house in Saint-Arnoult, and bought € 304,000 with land of more than 2 hectares in Tourgéville on which a house is under construction. It is estimated at 2 million euros when it is completed.
In addition, it appears that the man had an overdraft authorization of 1.5 million euros on one of his personal bank accounts and a 5 million euros on the account of his new company. offshore.
“Dry” society
From the investigation, it appears that the man was the head of two companies during his life together. He first “dried up” the one where his wife was employed, then he liquidated the second before their separation to create a third – unbeknownst to her – still in a tax haven. The complainant was awarded a compensatory allowance of € 500,000.
Firm prison required
As a preamble to his indictment, the prosecutor specifies that the heart of this procedure being neither moral nor fiscal, it was necessary to take “good decisions”. Christophe Bogliolo is asking for a 13-month prison sentence against the accused, absent at the hearing. A period that is not innocent because since March 2019, firm prison sentences of more than 12 months are no longer likely to benefit from an adjustment.
For the defense lawyer, there is no proof that his client received the profit of the companies of which he was, according to him, only an employee. As for bank accounts in tax havens, he recognizes that they “may” appear “opaque” and allow to benefit from a “favorable” tax regime. “His wife was aware of this system,” launches the council.
The businessman is sentenced to 12 months in prison with a probationary suspension of 2 years. He will have to pay € 5,000 to the complainant and no less than € 10,000 for her legal fees.
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