After hopes for a judicial epilogue is a cold shower for Jean-Marie Messier. Ten months after the Paris prosecutor's office requested a non-place overall in the Vivendi case, the examining magistrate Jean-Marie d'Huy decided to return to court Correctional seven people who were prosecuted in this case open in 2002 after the collapse of the group.
The judge accepted the facts of disseminating false or misleading information, price manipulation and abuse of social goods. In its order dated October 16, Le Figaro that could see the judge details the events of the years 2000 to 2002 charges against the former CEO.His trial before the correctional court of Paris could take a year to return in 2010.
"The false or misleading"
The skipper featured 2000s is accused of spreading in the public false or misleading information on the outlook for Vivendi Universal SA. In particular, singled out his triumphal statements on the group's treasury in the first half of 2001 while the finances of the media industry were already in the red.During the period immediately following the attacks of September 11, 2001 and the collapse of stock markets, it is also criticized the CEO for having manipulated the market price of Vivendi, the group has purchased in the market for more than one billion euros, including during periods when a company can not do transaction on its own securities.
Finally, in terms of abuse of corporate assets, the judge considers that Jean-Marie Messier has been granted to his personal benefit without prior approval of the board of directors, an agreement of termination (a parachute Golden, Ed) composed of benefits clearly excessive in relation to the situation at this time of Vivendi Universal.J2M had, following his departure in July 2002, received a driver of health coverage for five years and, according to the order of referral to the criminal court, a sum of 18 600 000 …
This charge is vehemently denied by the lawyer Jean-Marie Messier who said that his client, after an arbitration in New York, has waived this golden parachute. Me Olivier Metzner said most inconsistent "in that reference Corrections while the floor was estimated that the charges were insufficiently characterized.
In its referral decision, Judge d'Huy also aims for insider trading in Canadian businessman Edgar Bronfman Jr., heir to the Seagram empire, which had merged with Vivendi in 2001.Also referred to the court the former CFO of Vivendi Universal (VU), Guillaume Hannezo, former CEO of VU, Eric Licoys, Hubert Dupont Lhotelain, former treasurer of the group, Francois Blondet, a former assistant treasurer, and a former banker Philippe Guez.
In a statement Thursday evening, Vivendi has recalled its plaintiffs in this procedure from October 2002 and has fully cooperated with law enforcement authorities from the outset. The former group executives, J2M head, face sentences of up to five years in prison and huge fines.
Another trial in New York
The referral of Corrections Jean-Marie Messier comes in the middle of the trial, civil one, taking place right now in New York.Shareholders who feel cheated by Vivendi between 2000 and 2002 have filed a class action procedure called. They continue, in order to obtain compen-sation, both Jean-Marie Messier and Vivendi. The current leadership of the French group finds herself simultaneously accused of heading overseas, and plaintiff in France. Collusion schedules of the two procedures did not facilitate the task. In New York, the chairman of the supervisory board of Vivendi, Jean-Rene Fourtou said, October 14th last: "I have not watched any of the past. As I have not tried, I have found no irregularities, "he said, adding that" no one has reported having discovered something "since his appointment.
Another complexity of the case: the U.S. class action will be partly in Paris.Vivendi has asked the French courts to prohibit both shareholders and the French Association for the defense of minority shareholders to join the U.S. procedure. Answer November 25. If the Tribunal de Grande Instance de Paris ruled in the group, it will reduce significantly the amount he could pay if found guilty by the Americans. Y. The G.
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