Press review - Week of 27 January 2025

Press review – Week of 27 January 2025

This week’s press review covers the Ministry of Justice's order to pay damages to two members of the PNF, the annual report on the activities of the National Financial Prosecutor's Office for 2024, the French Supreme Court, the Cour de Cassation 's ruling on institutional moral harassment in the France Telecom suicides case, the investigation opened by the national jurisdiction for the fight against organized crime (JUNALCO) against Binance, the Constitutional Council's decision regarding automatic sanctions for “revolving door” (“pantouflage”) and the renewal of EU sanctions against Russia.

#White collar crime:

Ruling could end “crazy legal and political saga” between PNF prosecutors, justice ministry

On 16 January 2025, the Paris administrative court ruled that the Ministry of Justice must pay €30,000 in damages to two prosecutors from the Financial crime prosecutor’s office who had been publicly questioning by the former Minister of Justic, Eric Dupond-Moretti, saying, that they were the subjects of an internal ethics probe. The court found that the investigation was authorized and had been properly conducted. However, the court found that the public comments on the case were inaccurate and had damaged their professional reputations. Stéphane de Navacelle, managing partner at Navacelle, explained that this “balanced” ruling sheds light on political involvement in court cases. > Read article

The French National Financial Prosecutor’s Office (PNF) 2024 annual activity report

The National Financial Prosecutor’s Office (PNF) has published its annual report for 2024, indicating that 766 proceedings are in progress, 87% of which are preliminary investigations and 13% judicial information. Offences against public finances and probity infringement accounted for 46.87% and 46.61% of the cases handled respectively. In 2024, a total amount of 203.9 million euros of fines were imposed in favor of the French Public Treasury and 446 million euros were foreclosed. Two Public interest judicial agreement were also signed. The PNF handled a large number of requests for international judicial cooperation. The PNF intends to extend its material competence to presumption of money laundering and violations of international sanctions. > Read report

Suicides at France Télécom: the Court of Cassation upholds the convictions of former executives

On 21 January 2025 the French Supreme Court, the Cour de cassation rejected the appeals from the two former executives of France Télécom in the suicides case, “which became a symbol of suffering at work”. The Cour de Cassation upheld the appeal decision from 2022 of a one-year suspended prison sentence and a 15,000 euro fine for institutional moral harassment. Following the privatization of France Télécom, restructuring plans were implemented from 2006 onwards involving the departure of more than 20.000 employees, leading in “a “deterioration of working conditions” for “thousands of employees”, some of whom committed suicide”. > Read article

Cryptocurrencies: French investigation targeting Binance handed over to examining magistrate

The national jurisdiction for the fight against organized crime opened a judicial investigation into Binance, the world’s leading cryptoassets platform, on suspicion of aggravated money laundering, tax fraud and terrorist financing. The investigation concerns failures to comply with obligations of due diligence, control customer funds and customer knowledge particularly regarding the fight against money laundering and the financing of terrorism. The investigation has been entrusted to the Fraud Control Department (DGCCRF), the Paris Research Section and to the National Anti-Fraud Office (Onaf). In addition, an investigation in the United States revealed transactions linked to terrorist groups, resulting in a fine of 4.3 billion dollars for the platform. > Read article

The Constitutional Council censures sanctions against senior civil servants’ “pantouflage” practices

On Friday 24 January, the French Constitutional Council (Conseil Constitutionnel) censured part of the provisions of the Code général de la fonction publique (General Civil Service Code) relating to “pantouflage”, which made it impossible to recruit a civil servant for a period of three years if the opinion of compatibility with reservations or incompatibility issued by the High Authority for Transparency in Public Life (HATVP) was not respected. The Constitutional Council based its decision on “disregard for the principle of individualization of penalties”. The legislator has until 31 January 2026 to rewrite the text of the law. > Read article

#Export control & International Sanctions:

War in Ukraine: EU renews sanctions against Russia

On 27 January 2025, the European union foreign ministers decided to extend the sanctions against Russia by six months. These measures, in place since the invasion of Ukraine, are designed to weaken Moscow’s financial capacity to pursue war. Hungary, which had threatened a veto, finally supported the sanctions after guarantees on energy were given. The sanctions include restrictions on trade, technology and energy, as well as the exclusion of Russian banks from SWIFT. The EU has already adopted fifteen sets of sanctions, and a sixteenth is planned for February 2025. > Read article