“Do you recognize the facts?” asks President Chemama. “Yes I cheated”replies Vanina D., 31, tried Thursday for aggravated fraud.
A substitute liberal nurse in Nice, she is being prosecuted for having falsified vaccination slips and sent false invoices to the CPAM, in particular in the name of three sisters whom she replaced. It has thus increased the number of fraudulent payment requests in 2021 and 2022.
Health Insurance, which had relaxed its rules due to the pandemic, has done its homework. The nurse unduly received 283,570 euros! After having minimized her turpitudes during her custody, she now admits, on the verge of tears, to having made a mistake. “I have always been a hard worker. I have always been committed to paying back,” she explains, ashamed in front of those close to her.
Condemned by the past
Convicted three times in the past, she is already banned from practicing in a clinic. She is also indicted as part of another investigation and under a suspended sentence after being convicted in February 2021 for bad checks. “The justice system has already given you reprieves. We may be surprised to find you here”observes President Alain Chemama.
Me Magali Dicrosta, counsel for the CPAM, recalls that “these are public funds which were used to pay for consumer loans and vacations in Sicily, the Dominican Republic, Morocco, Thailand…”
“Social danger”
In his indictment, Damien Martinelli, public prosecutor, speaks of “raptor behavior” of the defendant, “in a state of legal recidivism, presenting a real social danger”. The magistrate recalls that in 2022, Health Insurance will stop “316 million euros of fraud”. “Madame has the ability to identify the point of weakness to unduly earn money. This is also evident from previous cases.”
The public prosecutor hardly appreciates the nerve of the rogue nurse who revived the CPAM when it was late in paying her. He accuses her of having caused problems for other nurses, who were once suspected of complicity. “Madame D. has fraud deep within her,” stigmatizes the prosecutor, who requires four years in prison, two of which are suspended, a probationary period of three years, the revocation of the suspended sentence and a definitive ban on practicing.
Me Bernard Ginez, in defense, tries to make up for his client’s clumsy justifications and seeks an explanation for the singular behavior: “The one who takes out consumer credit to give gifts suffers from not being loved and not loving herself. Debts are the common thread of her life.”
The criminal lawyer greets a woman “who freed herself from lies by recognizing the facts without ambiguity”. His month of detention served “electroshock”, according to his lawyer who seeks to avoid a permanent ban on him from practicing. Despite Mr. Ginez’s plea, the court broadly follows the requisitions with a firm sentence of two years to be executed immediately, to which is added six months of revocation of the suspended sentence. Two years suspended sentence and three years probationary period complete the sanction.
On the other hand, the ban on practicing the profession of nurse is limited to five years for this Niçoise qualified as “good professional” ordered to repay 283,570 euros.
2024-01-25 20:47:47
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