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

Publication
The Practitioner’s Guide to Global Investigations - 7th Edition
13 January 2023
Navacelle co-authors GIR of the Practitioner’s Guide to Global Investigations – 7th edition
NAVACELLE co-authors the French chapter of the seventh edition of Global Investigations Review’s Practitioner’s Guide to Global Investigations.
Analysis
Lobbying : Declaration obligations of interest representatives in France
14 July 2022
Lobbying: Declaration obligations of interest representatives in France
Highlight on the disclosure obligations imposed on interest representatives in France, as provided for by Law 2013-907 of October 11,...
Publication
The Guide to Sanctions -GIR (2022)
10 July 2022
The Guide to Sanctions (2022) – GIR
Navacelle co-author of the third edition of the Global Investigation Review's Guide to Sanctions.
News
Le monde du droit - Roxane Castro
2 February 2023
Le monde du droit announces the arrival of Roxane Castro as Counsel
Navacelle strengthens its regulatory litigation practice with the arrival of Roxane Castro
Event
2 February 2023
ICC Mexico – Sapin II and France’s efforts to tackle corruption
Stéphane de Navacelle is invited by the ICC of México to talk about the Sapin II law and France's efforts...
Event
CERAS - Violence, symptom or system
30 January 2023
“Violence, symptom or system? Naming, confronting, overcoming”.
Discover Stéphane de Navacelle's testimony during the annual session of the Ceras - Centre de Recherches et d'Actions Sociales.
Press review
Press review - Week of 23 january 2023
27 January 2023
Press review – Week of 23 January 2023
In this week’s press review, you will find two cases which were dismissed, one concerning the defective management of the...
News
Roxane Castro
26 January 2023
Navacelle strengthens its regulatory litigation practice with the arrival of Roxane Castro
With an international culture and a multidisciplinary team led by Stéphane de Navacelle and Julie Zorrilla, Navacelle continues to develop...
Publication
25 January 2023
Overview of the AFA’s survey regarding French companies’ anti-corruption systems
On 30 September 2022, the French Anti-Corruption Agency published the results of its second survey of French companies’ anti-corruption systems....
Analysis
24 January 2023
Sanctioning obstructions to AMF investigations: Update from the Constitutional Court in its decision of 28 January 2022
On 28 January 2022, the Constitutional Court ruled that Article L. 621-15, II, f of the Monetary and Financial Code...
Press review
Week of 16 January 2023
20 January 2023
Press review – Week of 16 January 2023
This week press review includes the latest news on criminal law, business criminal law and criminal procedure. Thus, this review...
Press review
Press review - Week of 9 january 2023
13 January 2023
Press review – Week of 9 January 2023
This week in the press review, a dismissal of the Chlordecone case in the French West Indies and a $17.2...
Event
The fundamental rights of the company - AIJA
12 January 2023
[Roundtable] The fundamental rights of the company
Stéphane de Navacelle participated in the French-speaking conference on fundamental rights in business organised by AIJA on Friday 13 January 2023.
Press review
Week of 2 January 2023
6 January 2023
Press review – Week of 2 January 2023
This week in the press review, two Members of the European Parliament have been subjected to immunity waiver proceedings in...