Batch. The temporary Post Office delivery man diverts 211 packages, “to please his mother”

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This Thursday, November 28, 2024, appeared before the Cahors criminal courta mother, named Louise

aged 55 and her son Jean aged 25. Jean is being prosecuted for breach of trust with the Poste du Lot and his mother must answer for “receiving goods obtained with the help of a breach of trust“. Side by side at the bar, Louise and Jean are subjected to the fire of questions from the president Anne-Charlotte Briat . The judge

Michael Huyette

recalls the facts of which the two defendants are accused, which occurred in the south of the Lot, between November 2023 and January 2024.

211 packages disappear “into the wild”

Jean worked for the Post Office, as a temporary home parcel delivery worker. And isn't it that he takes it into his head, to “help his mother financially to make ends meet”, to divert parcels and bring them home.

All that remained was for Louise to keep what might interest her and sell the surplus via the “Leboncoin” internet platforms or on “Vinted”. Louis delivered 3 to 5 packages to his mother's house per day; a real micro-enterprise!

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The events took place before and after the end-of-year holidays, periods during which the number of packages put into circulation increased sharply, compared to the rest of the year.

However, faced with the completely unusual and exponential number of complaints filed by customers, the Post Office services carried out investigations leading to Jean being caught red-handed, or rather, the packages in his personal van. During his hearing before the investigators, he admitted the facts and declared:

– “I acted stupid, stole without thinking. » As for his motivations, he explains that he wanted to “protect his mother because of her health concerns which prevent her from working”. Jean maintains that he never told his mother the truth, letting her understand that these were packages which “had not been delivered for various reasons and which had not been claimed”. As for Louise, it would not have occurred to her to doubt her son's actions.

The mother believes her son, without asking questions

Faced with this influx of packages, at a rate of three to five per day, the only solution is resale. So, Louise found a new occupation, consisting of opening the packages, seeing what could be kept and putting the rest up for sale. Louise took photos of the objects she posted on the internet, followed up with customers and shipped the packages! For Louise, who was forced to stop working due to illness, she receives the disabled adult's allowance of around €1,000 per month. This contribution is seen as a godsend, allowing her to make ends meet!

Convinced of acting completely legally, comforted by the good words of her son, she would never have asked any questions about this small parallel business. She told the court:

– “I never had any doubts about these packages, I really thought they were lost and that I could resell them! »

Jean would also have reassured his mother by telling her that this ease of picking up parcels could be explained by the low salaries for temporary workers at the Post Office. Obviously !

133 recipients out of 211 compensated by the Post Office

Over three months, the amount of winnings amounted to €1,548, not counting what was not resold, but kept by the mother or her son. The money raised was used to pay late bills and to change the tires on Louise's car, among other things. Jean specifies: “My mother is all I have left. I was abandoned by my father and I wanted to bring him some happiness! » Entirely commendable, in principle!

As for the Post Office, it was able to find 133 recipients of these packages out of the 211, who are still waiting. The damage is estimated at €6,513 corresponding to the amount of items not delivered to identified customers.

Today Jean is an international heavy goods vehicle driver and earns €3,400/month, net.

The mother did not tell the truth of what she knew to the buyers…

Called to explain herself at the bar of the court, Louise repeats what she has always declared, namely that she was convinced that all this was normal, especially since at that time, several press articles were spent on purchasing lost parcels per kilogram… She told the court:

– “My children, I educated them well and far be it from me that one of them could have done such a thing! »

Patrick Serra, Deputy Prosecutor, comes to probe the defendant and asks the question that makes the masks fall:

– “Madam, when you responded to purchase offers on the internet, when you were asked for details, as to the origin of the products, did you indicate their true origin, did you specify that they were parcels lost by post? »

– ” No ! I said I bought them and they didn't suit me! I didn't want to show off! » she replies.

– “I have no further questions to ask!” » concludes Mr. Serra, who has just anchored his convictions.

A representative of La Poste indicates that he has never experienced a package diversion of such magnitude in ten years of professional career. All the same, this can reassure Post Office customers.

“My son told me”

“We cannot simply answer “My son told me” protests the representative of the Prosecutor. He continues: “Would you have had the same attitude if it was a Rolls-Royce car or three high-end smartphones? And if you were so sure that you supported it, why lie to the buyer who asked for details, rather than telling them that they were packages lost at the Post Office? It's not because we don't want to believe something that it didn't happen as it appears! » he concludes. The magistrate requires:

– 4 months suspended prison sentence against Jean,

– community service (TIG), for 105 hours to be completed within 18 months, or 3 months suspended prison sentence, for Louise.

“A mother’s naivety is not proof of her guilt”

Me Camille Mallemouche, lawyer for the mother, recalls that to find guilt in criminal law, it is necessary to prove the intention to commit the offense. However, this is not the case, in his eyes. “My client always considered that these were lost and unclaimed packages.” Me Mallemouche considers that Louise did not ask herself all the questions, to the extent that she remained convinced of the veracity of her son's statements. “He wanted to help his mother and she was naive, but that doesn't make her guilty! » he pleads. “Naivety is not a constituent element of a crime! » he insists. He demonstrates that this lady acted spontaneously, without taking any particular precautions, which tends to prove her good faith, he insists. The lawyer points out that there are many companies from which employees can take products not intended for marketing and he cites several brands! He also looks at parcel sales per kg, as they may have been presented by the press; so many elements which led her client astray from the truth, which she did not know. He asks for his release, for the benefit of the doubt.

Moderate sentences

After deliberation, the court found the mother and her son guilty and sentenced them to:

– for the son, 4 months suspended prison sentence,

– for the mother, 2 months suspended prison sentence and obligation to reimburse the Post Office €5,139, corresponding to the amount of sums paid to reimburse the parcels not delivered to her customers, plus €800 for moral damage and €500 for costs legal.

The two defendants have 10 days to file an appeal.