Ornate. The businessman cashed checks from customers to his account

A 31-year-old business manager appeared on Thursday, April 28, before the court in Alençon. ©Orne hebdo

“The mountain of investigation has given birth… you know the formula.” Me Gaillard, defense attorney, did not mince his words during his argument and dismantled point by point the arguments against his client, Thursday, April 28, 2022, during the correctional hearing where a company head from the country ofalencon (Orne), sued for misuse of social assets, misappropriation of part of the assets and maintenance of incomplete accounts. He asked for deliverance.

The court reserved judgment on June 2.

Seven “questionable” checks

What does justice accuse this 31-year-old man of? He founded his box dedicated to the building in 2014, with a partner from whom he acquired his shares in 2018. However, the defendant had health problems, complicating the management of the company, taken over by his wife between 2015 and 2016. registered in November 2018 and settled in 2019. After long months of investigation, the compatibility reveals, among other things, seven “doubtful” checks, totaling €13,000.

Three of them come from subcontractors and were deducted from the defendant’s personal account. The other four are from customers, again deposited in the manager’s personal account.

The defendant’s explanation is always the same.

I paid these subcontractors myself in cash from my personal account. So I cashed your checks. As for the customers, they were friends. I had advanced some money for them. I was refunded that way.

the accused

He repeated several times in court:

No one was wronged, none of them filed a complaint against me. This company was my baby, I created it. I would never have done anything to sink it.

the accused

Heard almost five years after the events, he doesn’t seem to understand what he describes as a “relentlessness”, these hearings, this search of his house on December 24th…

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“Neither a freeloader nor a player”

“My company needed cash, so yes, I was making advances from my personal account. And I made transfers afterwards to reimburse me. »

These journal entries are now attributed to him even though the company was in receivership.

He requested an accounting entry in his personal account, in the approximate amount of €43,000, an operation to the detriment of creditors. It is in fact an abuse of the social good.

the promoter

The man tried to explain:

My company suffered a large liability during my illness, it was self-financed during this period… But I never personally benefited from it. I’m not a freeloader or a gambler.

the accused

Undoubtedly, the path was not the right one, he admitted, lamenting in passing the lack of “support and supervision” during the liquidation. He would like to be able to pay off his debts and keep going.

Since then, he has worked as an employee at a similar company, of which his wife is the leader.

Not a mistake, “an infraction”

“I wonder if the defendant understands what he is accused of today,” the prosecutor asked.

We have no proof of the aforementioned debts, of repayments. Paying in cash leaves no trace… When he cashed the checks, the business was in dire straits. These are, therefore, acts contrary to the interest of the latter. The defendant made no distinction between his personal and company accounts. It’s not a mistake, it’s a violation.

the promoter

For all the facts invoked in the process, he requested a fine of 5,000 euros and a ban on the exercise of commercial professional activity for ten years. She also requested the seizure of the house in Damigny (a fictitious seizure order had been ordered in December 2021).

“Everything has been peeled off”

“This case started with the department’s anti-fraud operating committee,” recalled Me Gaillard. “It quotes my client, as someone who drives a Ferrari while the company is in debt. And that’s all ! The minutes of this meeting are nauseating! He lifts the documents positioned on his desk.

Two years of investigation, nothing is missing. Everything was scrutinized, bank accounts, bank flows, even my client’s grandmother was interviewed! In the end, to rule out fraud. And hold only seven checks and a current account entry…

the defense attorney

According to the lawyer, his client made cash advances “and he doesn’t need to justify it”.

Adding: “a checking account, it goes in and out. It’s a series of operations. »

Somewhat ironically, he praises the “remarkable” investigative work “to finally withhold seven suspicious checks in the amount of €13,000”.

Even though the company had a higher credit balance at that time, “in 18,000 euros to be more precise”. “So my client brought more than he took. “As for the crime of bankruptcy, which protects creditors, “I remember that the company’s assets were not impacted by this famous transfer, this accounting line. It’s compensation. »

He asked for deliverance.

The sentence will be handed down Thursday, June 2nd.

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