Press review - Week of 23 September 2024

Press review – Week of 23 September 2024

This week’s press review covers the follow-up to the Judicial Public Interest Agreement (“CJIP”) with Nestlé, and notably the two complaints targeting Nestlé and Sources Alma, which revive the mineral water fraud case. It also reports on the trial of 19 people accused of organized money laundering between Europe and China, the European Union’s announcement of a 35 billion euros loan to Ukraine, financed by the freezing of Russian assets since 2022, as well as the report by the French Human Rights Defender (“Défenseur des droits”), published on 25 September 2024, concerning the protection of whistleblowers.

#White-collar crime:

Two complaints against Nestlé and Sources Alma revive the mineral water fraud case

The NGO Foodwatch, contesting the agreement under which Nestlé closed the mineral water fraud case by paying a €2 million fine through a Judicial Public Interest Agreement (CJIP), has filed two complaints against X for deception. This CJIP, deemed by the prosecutor of Épinal as the most important in environmental matters in France aims to sanction violations while allowing for rapid regularization and ecological repair. The NGO demands a trial, highlighting the European regulations violated by Nestlé and the French authorities. The second complaint targets Sources Alma group for using prohibited purification techniques on waters sold as spring or natural mineral water. Finally, Foodwatch also underlines the complacency and responsibility of the State revealed in an audit report published by the European Commission regarding the failings of French authorities. > Read article

Organized money laundering between Europe and China: up to 7 years’ imprisonment requested in Bobigny

The Bobigny public prosecutor’s office has called for sentences of up to seven years’ imprisonment for the 19 defendants in a case regarding a money-laundering ring operating between Europe and Asia, involving many Chinese wholesalers in Aubervilliers. According to the investigations carried out by Tracfin since April 2021, these networks laundered over 60 million euros using shell companies between Italy, the Paris region and Germany, with transfers to banks in China and Hong Kong. The main organizer of the scheme faces seven years’ imprisonment and a fine of 2.5 million euros. Sentences ranging from two to six years’ imprisonment have also been sought against his accomplices. In addition to the fines and confiscation of assets, the prosecution has called for a permanent prohibition on managing companies for all defendants. The trial is expected to end on 27 September. > Read article

#International Sanctions:

War in Ukraine: the EU announces a €35 billion euros loan to Kiev financed by frozen Russian assets

At a Kiev press conference on 20 September, Ursula Von der Leyen announced that the European Union (EU) planned to lend Ukraine 35 billion euros. This loan would be financed by Russian assets, amounting to 200 billion euros, frozen in the EU after the invasion of Ukrainian territory in February 2022. The European Commission has adopted proposals enabling the EU to lend this sum, which are now subject to approval by Member States. The Member States agreed last May to allocate the interest generated by these assets to help arm Ukraine and finance its reconstruction, for a total of 50 billion euros. As the freezing of Russian assets is a European sanction, it is renewed every six months. However, the European Commission would like to extend the period for freezing the assets of the Russian central bank to three years. > Read article

#Ethics and compliance:

**Protection for whistleblowers is progressing, but gaps remain, according to the French Human Rights Defender (“Défenseur des droits”)**

In its report published on 25 September 2024, the French Human Rights Defender highlights notable advances in the protection of whistleblowers in France, particularly regarding the handling of their reports. However, regulatory gaps persist, and their rights remain insufficiently recognized by the authorities. Law n°2022-401 of 21 March 2022 clarified their status and strengthened their rights, incorporating a 2019 European directive while correcting the imperfections of the 2016 “Sapin II” law. In 2023, the French Human Rights Defender recorded 306 requests for support, an increase of 128% compared to the previous year. Despite this progress, the lack of awareness of rights and the lack of government communication remain a cause for concern. The report also highlights the lack of protection for legal entities, such as trade unions and non-governmental organizations, which may suffer negative consequences because of their alerts. The French Human Rights Defender calls for the creation of a support fund to strengthen financial and psychological assistance for whistleblowers. Finally, it is noted that whistleblowing remains limited and is concentrated only in certain sectors, with the lack of protections in the areas of defense and national security raising concerns. > Read article