Analysis
14 July 2020

French Prosecutors continue to conclude French Deferred Prosecution Agreements

Bastille Day Newsletter 2020 - 3-lines outline of some noteworthy events

 

(i) CJIP Google France SARL and Google Ireland Ltd, September 3, 2019. On September 3, 2019, the Financial Prosecution Office (“PNF”) concluded a CJIP with Google France SARL and Google Ireland Limited, which agreed to pay a €500 million fine for tax fraud and complicity of tax fraud1. The fine was then lessened, taking into account the tax penalties set by the tax authorities for 2011-2018 that the company had agreed to pay.

(ii) CJIP Société SAS Egis Avia, December 10, 20192. On December 10, 2019, the PNF concluded a CJIP with the French company SAS Egis Avia, which agreed to pay a €2.6 million fine for the bribery of a foreign public official. SAS Egis Avia had been under investigation since October 2013 for the payment of consultancy fees to companies domiciled in Non-Cooperative Countries and Territories – British Virgin Islands – the investigation highlighting financial flows to Algerian public officials to influence the award of a contract for the construction of an airport terminal in Oran.

(iii) CJIP Bank of China, January 15, 20203. On January 15, 2020, the Paris Public Prosecutor’s Office concluded a CJIP with the Bank of China, which agreed to pay a €3 million fine for profits derived from tax fraud laundering on account that they failed to demonstrate that they had complied with anti-money laundering standards relating to customer identification and transaction due diligence. Accounts opened in a Bank of China branch located in the province of Zhejiang, were used to receive funds under false invoices and process cash inflows from the sale of smuggled goods. The modus operandi enabled Chinese account holders residing in France to circumvent corporate tax and VAT for a significant part of their turnover.

(iv) CJIP Airbus SE, January 31, 20204. On January 29, 2020, the PNF concluded a CJIP with Airbus SE, which agreed to pay a €2.083 billion fine for the bribery of public officials. The investigations demonstrated that Airbus hired and paid numerous commercial intermediaries up until 2015. Part of their fees was paid by several occult means, including fictitious loans, without establishing the exact nature of their contribution. This CJIP was signed in coordination with the UK Serious Fraud Office and the US Department of Justice, with which Airbus SE has concluded separate Deferred Prosecution Agreements. Airbus SE also commits to complying with the French Anti-Corruption Agency (“AFA”) controls for a period of three years, to ensure that the compliance program upon which they have agreed has been fully deployed in the company’s entities and subsidiaries.

(v) CJIP Swiru Holding May 4, 20205. On May 4, 2020, the Public Prosecutor’s Office of Nice concluded a CJIP with the Swiss company Swiru Holding AG. The latter agreed to pay a €1.4 million fine, in addition to a separate payment of €10.4 million to the tax administration for tax evasion. The company was indicted in November 2019 for complicity of tax fraud after the investigation revealed concealment of part of the sale price of a villa located in South of France to avoid paying tax on the differential price. The Public Prosecutor’s Office of Nice is the fourth authority that has signed a CJIP, following the PNF, and the Public Prosecutor’s Office of Paris and Nanterre, therefore contributing to a wider use of this transactional tool in France.

Related content

Analysis
Proposition Loi Gauvain
20 October 2021
Analysis of the bill to reinforce the fight against corruption by Deputy Gauvain
Navacelle team has examined the “Bill to reinforce the fight against corruption” which has just been submitted by the Deputy Raphaël Gauvain at the National Assembly...
Julie Zorrilla
Partner Navacelle
Alexandre Coudreau
Student Sciences Po
Salomé Garnier
Associate Navacelle
News
19 October 2021
New decision in the jurisprudential saga in the field of arbitration and corruption
Navacelle team would like to inform you of a new decision in the jurisprudential saga in the field of arbitration and corruption.
Salomé Garnier
Associate Navacelle
Events
14 October 2021
The French criminal procedural law
Thomas Lapierre, associate at Navacelle presents the main elements of the French criminal procedural law for #LAWYEREX by European Lawyers Foundation.
Thomas Lapierre
Associate Navacelle
News
5 October 2021
Report of the Independent Commission on Sexual Abuse in the French Church
After two and a half years of work, the CIASE has submitted its report with the aim of understanding and analysing situations of sexual abuse of minors in the Catholic Fr...
Events
29 September 2021
Paris Legal Makers 2021
The first Paris Legal Makers conference dedicated to economic development through law will take place on 6 December 2021 at the Palais Brongniart.
News
27 September 2021
Update of French Financial Market Regulator (AMF) of its control charters (in French)
This update specifies the procedures for carrying out control missions, the principles of good conduct followed by those in charge of a control as well as the behavior ex...
News
27 September 2021
Update of French Financial Market Regulator (AMF) of its investigation charters (in French)
This update specifies the procedures for carrying out investigation missions, the principles of good conduct followed by those in charge of an investigation as well as th...
News
16 September 2021
The French DPA (“Convention judiciaire d’intérêt public”) on the way to simplification
On 4 August 2021, a new Decree was promulgated aiming to simplify formalities required for the conclusion of the CJIP between Public Prosecutors Office and the legal pers...
Julie Zorrilla
Partner Navacelle
Louis Beltaire
Trainee lawyer
Alexandre Desevedavy
Trainee lawyer
Salomé Garnier
Associate Navacelle
Publication
3 September 2021
The European Parliament Lays the Foundations of a Corporate Due Diligence and Corporate Accountability
Julie Zorrilla, Thomas Lapierre and Stéphane de Navacelle, highlight for the International Bar Association anticorrpution news, the adoption on 10 March 2021 by the Memb...
Stéphane de Navacelle
Managing partner Navacelle
Julie Zorrilla
Partner Navacelle
Thomas Lapierre
Associate Navacelle
Publication
20 August 2021
It’s not an “ego fight”: The do’s and don’ts of monitorships
Experts from around the world discuss what authorities, companies and monitors should do to ensure that a period of compliance oversight ends successfully. “the quality...
Julie Zorrilla
Partner Navacelle
Adam Dobrik
Journalist
Analysis
14 July 2021
The in-house attorney status in France: a bygone idea or an emerging one?
Bastille Day Newsletter 2021 - Legislative, Regulatory & Policy Updates
Publication
14 July 2021
Bastille Day Newsletter 2021
Happy 2021 Bastille Day! Lawyers at Navacelle thought you might be interested in reviewing a selection we made of noticeable events which occurred in France in the fiel...
Stéphane de Navacelle
Managing partner Navacelle
Julie Zorrilla
Partner Navacelle
Clémentine Duverne
Partner Navacelle