French -speaking entrepreneurs have accumulated dozens of fraudulent bankruptcies in a few years, reveals an RTS investigation on Sunday. This system, which is repeated throughout the country, costs the community millions.
With around forty bankruptcies to his credit in eight years, one might think that Benoît* is a hyperactive entrepreneur in need of success. He has directed companies in many areas: construction, earthworks, painting, plastering, bodywork, transport, etc.
In reality, although it is appointed as a manager, Valais has never worked in these companies. He plays the role of a straw man, also called “gravedigger”, which allows real bosses to hide their bankruptcy.
We spotted Benoît from the cantonal trade registers. RTS has analyzed nearly 50,000 business liquidations in Switzerland since 2016.
According to our investigation, around forty people have caused between 10 and 50 bankruptcies in eight years, liquidating around 700 companies alone. There could be more (see methodology in box).
Hundreds of suspect cases
Obviously, going bankrupt is not illegal. But ruining dozens of companies in a few years seems very suspect.
“It is clearly an indicator of fraud. The problem is that we cannot detect the first fraudulent bankruptcy,” explains Nicolas Cruchet, Vaudois prosecutor who continued several gravediggers. The multiplication of cases makes the crooks more and more visible.
The kings of cans liquidations, like Benoît, probably only constitute the tip of the iceberg. According to our analysis of the trade registers, more than 170 people have accumulated at least five bankruptcies in eight years.
Similar operating mode
Among them, we have identified several individuals who divert the system thanks to their operating mode, often identical. First, a small boss gives up his business in difficulty to a straw man, who then appeared in the commercial register as the only manager. He then moves the company’s headquarters to blur the tracks and hide the debts, then leaves it abandoned. A few months later, she was liquidated.
The former boss thus escapes his debts and preserves his reputation. He creates a new company, sometimes with a name very similar to the old, and continues his activity.
To buy this new start, the entrepreneur pays a few thousand francs to the black man to the straw man, who inherits debts. The remuneration seems little, but it is characteristic of a gravedigger: an individual who has nothing to lose and who can never reimburse.
A retired debt submerged
RTS found Benoît. Training mechanic, then representing pharmaceutical products, he is now retired. On social networks, he presents himself in a suit, beautiful cars and vacation at sea. The 78 -year -old Valaisan actually lives in a modest studio and accumulates 500,000 francs of debts.
The liabilities of its companies range from a few tens to several hundred thousand francs. The total is counted in millions. Contacted, Benoît never responded to our interview requests.
But behind this character, we discovered a scam system with many accomplices. And also victims.
Injured workers and unfair competition
Pietro Carobbio of Unia Vaud defends the injured workers. This managers of the “construction” sector, the most affected environment, has dealt with Benoît on several occasions.
But, for the trade unionist, the real culprits are the bosses hidden behind the gravediggers. These are ripping out of employees and create unfair competition. “They do not pay the minimum wage provided by the CCTs, they do not pay social charges like AVS and LPP. Ultimately, they can afford to make prices lower to get mandates. After, they do bankruptcy and start the same system again, “denounces Pietro Carobbio.
“He makes the comedy, he is the real boss”
We contacted Osman*, a boss hidden behind Benoît. His last company participated in large subcontracting projects, especially in Malley. He refutes the accusations of Unia.
-“Call a crying worker, you will not find it. Everyone has received his salary,” he said, sending us back to Benoît. “I am not the head of the company. The real boss is Benoît. It is he who takes care of things. It is in the commercial register.”
To understand who is said to be true, we found the trace of a man from the inside who collaborated with Benoît. He is categorical. “This boss plays comedy. He is the real official,” he said on condition of anonymity to guarantee his security.
The taxpayer, the main victim
In any case, the main victim of these cases remains the same: the State. Or more specifically taxpayers. Before giving in his business to a straw man, the real entrepreneur generally accumulates debts to taxes and social insurance.
During the last months of activity, he no longer pays his workers. The unemployment fund takes over. It limits damages for employees, but increases the public invoice.
When the bankruptcy is pronounced, there is nothing to grasp to mop these state debts. The equipment has been sold or transferred to another company, the accounts emptied. In the cases we consulted, over -indebtedness climbed up to 636,000 francs for a single company.
Luxury cars and loans COVID
Well organized, some gravediggers still inflate the bill. Sentenced last March, Pajtim* provoked fifteen bankruptcies in the cantons of Vaud, Geneva and Friborg. Before their liquidation, this Kosovar used companies, already over -indebted, to contract car leases, without ever paying the bills. His judgment notably mentions 7 Audi, 3 BMW, a Porsche, a Lamborghini and a Jaguar. Several vehicles have disappeared, probably sold to Kosovo.
Benoît either was not limited to abusive liquidations. The Valaisan obtained several COVVID credits in 2020 for its dying companies, for more than 400,000 francs. Fraud too much for Vaud’s justice?
In October 2023, the Criminal Court of Appeal of the canton of Vaud sentenced Benoît to five years in prison. This must reimburse more than 430,000 francs as well as tens of thousands of francs in legal costs, which brings its debt to around a million francs. Valaisan appealed to the Federal Court.
Condemned and replaced
If its conviction is confirmed, will the state be able to recover part of its money? Difficult to imagine. The 78 -year -old man, with the only income 1650 francs from AVS, seems unable to reimburse anything.
As the instructions are long, costly and do not allow the public authorities to recover their arrears, many fraudsters pass between the meshes of the net. The authorities renounce pursuing certain abuses, even manifesto. In addition, convictions are not enough to stop the system.
According to our information, Benoît was replaced by another straw man. This new gravedigger, also retired, operates in the same environment with a similar operating mode. He has more than fifteen bankruptcies, many of whom are very recent, and has not been worried by justice to date.
“With the new law, fraudsters will have to be more subtle”
But new legislation that came into force on January 1 could slow down this type of scam. “It was the highway for fraudsters who knew how to proceed. With the new law, it is more a mountain road with laces. They will have to be more subtle and cunning”, image the prosecutor Nicolas Cruchet.
The state should now be able to quickly put the unquestioned entrepreneurs who do not settle their debts to the community. And do not find yourself empty -handed.
It remains to be seen whether this will be enough to condemn the real bosses and protect the economy as well as public finances. The total sum of financial losses linked to bankruptcy amounts to around two billion francs per year. Impossible to determine what part of this amount comes from abusive liquidations.
Valentin fall and François Ruchti
*Known names of the editorial staff
