In Indre, two days to decide between embezzlement or good faith of ex-leaders

In Indre, two days to decide between embezzlement or good faith of ex-leaders
In Indre, two days to decide between embezzlement or good faith of ex-leaders

The afternoon of Friday May 24, 2024 began with the public prosecutor’s requisitions against two former managers of the company Rifair, specializing in medical equipment and based until 2016 in Villedieu-sur-Indre. The company was placed in liquidation and that same year, an alert was issued by an auditor. An investigation into financial embezzlement was carried out for almost two years.

Hicham Z., was placed in pre-trial detention from February 2019 to June 2019, then under judicial supervision. His wife, Céline P. is placed under judicial supervision in July 2021 until the date of the hearing.

The prosecutor requested six months in prison with a simple suspended sentence for her. Ten months, six of which were suspended for her husband. For each charge of prosecution, two versions systematically oppose each other.

Abusive expense reports and favored society

On the misuse of corporate assets, the prosecution is based on two elements: on the one hand expense reports “not justified” pointed out by the investigating judge and pursued by the public prosecutor. Hicham Z., export director, considered as a manager according to the other employees, would have received up to €115,000 without proof. “With consequences on the company’s finances when these costs were four times higher in 2016, the year of cessation of payments”noted the prosecutor. “I have charts that justify every expense! “, defends Me Bangoura, for Hicham Z. According to him, the file contains “a part of fantasy”. And in particular regarding the second element which would constitute the abuse of social property: the fact of having “favored” a company located in Morocco, Hospimed, managed by the brother of Hicham Z. “Hospimed is a business agent for Rifair, he has no advantage. He opens Moroccan public markets to himraised Me Bouillaguet who defended Céline P. There are personal interests characterized in Hospimed: family and financial ties with this company and instructions found on the telephone to his brother and his sister of Hicham Z: “Everything that is part of Hospimed concerns me.” » From ” benefits “the omission, during the liquidation of a debt amounting to €587,000 from Hospimed to the company Rifair. “There are inconsistencies, for Hospimed, we have for a single day, around ten invoices, sometimes with the same number and a transfer was made”, lifted Me Bangoura. According to the lawyer, the investigation wanted to demonstrate, without proof, that Hospimed would ” strive “ Rifair. The two lawyers pointed out that neither the financial director at the time nor the first shareholder were informed in the case, “but the lady has training in pharmacy, the gentleman in commerce, they are not the ones trained in accounting.”

Amounts deposited in cash that spark debate

During the investigation, cash deposits in the accounts of Céline P. and Hicham Z. were noted, in addition to the customs offense of deposits of more than €10,000, contested by the lawyers. The pursuit of money laundering was based “on the fact that the offense provides that there is a presumption of laundering since the origin of the money cannot be justified”, recalled the public prosecutor. Sums in cash, cumulatively between 2014 and 2018, which amount to €70,000 for her, €110,000 for him. “The origin remains obscure and the amounts deposited are not in line with the financial situation of the couple whose standard of living declined in 2016.”

A “fraudulent presumption” that M foughte Bangoura. “It is proven that cash reimbursement in the family was common and that the family’s state of wealth permitted these amounts! » For him, there is no doubt as to the illicit origin of the funds to presume laundering: these can be explained by family reimbursements.

Finally, the two spouses were accused of having sold their family home while it was seized by the courts. Here again, the lawyers provided evidence that the courts had been kept informed of this sale. “It’s a cataclysm that this woman experienced. Nothing prepared her for having to face the criminal justice system”underlined Me Bouillaguet while Céline P. collapsed in tears. “I can’t wait for this story to be behind me”, explained Hicham Z. to the judges while the justice system and Pôle emploi were also pursuing him for having, according to the organization, unduly received nearly €60,000 in return to employment allowance (ARE) when he had absent for more than thirty-five days from French territory, among other things. The judgment will be rendered on July 3, at 1:30 p.m.

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