Neither fine nor conviction: nine parliamentarians or former parliamentarians escape legal proceedings for embezzlement of public funds following having reimbursed the Senate or the Assembly for fraudulent expenses linked to the use of their representative allowance for mandate expenses , between 2015 and 2017.
In 2018, the High Authority for the Transparency of Public Life (HATVP) had sent the files of around fifteen elected officials to the courts following having checked the variation in their heritage, between the first rules of supervision of the IRFM in 2015 and their end of term in 2017.
Upon receipt of these reports, the National Financial Prosecutor’s Office (PNF) opened a preliminary investigation entrusted to the Brigade for the Suppression of Economic Crime (BRDE).
At the end of the analyses, “it appeared that the elements collected made it possible to characterize once morest parliamentarians the offense of embezzlement of public funds by a person responsible for a public service mission”, points out the PNF on its website Friday .
“Nine procedures concerning three deputies and six senators gave rise to a classification without action. the IRFM”, continues the prosecution.
The sums reimbursed directly to Parliament “varied between 6,707 euros and 47,299 euros”.
Since 2018, several names of parliamentarians from all sides targeted by this investigation have been revealed by the press – including Yves Détraigne, Jean-Christophe Cambadélis, Sandrine Mazetier, Philippe Nachbar, Frédérique Espagnac, Ary Chalus, Marc-Philippe Daubresse, Linda Gourjade – but the PNF site does not specify who is concerned by the rankings without follow-up.
Asked for details, in particular on the reasons for the absence of prosecution or the identity of the elected officials concerned, the PNF was not able to respond on Friday.
“This is a file that has never worried Senator Daubresse”, reacted to AFP his lawyer Me Rémi Lorrain.
Three procedures are still in progress, a 4th file has been closed for lack of offense and a 5th, that of the LREM deputy from Hauts-de-Seine and adviser to Emmanuel Macron Thierry Solère, has been sent to another prosecution.
– “Coherent and harmonized response” –
After abuses in the past (permanences, holidays, payment of subscriptions to parties, television, etc.) paid with the IRFM, established in 1997, the Assembly and then the Senate had enacted in 2015 a list – very general – of authorized expenses and prohibited (including the acquisition of real estate), and imposed the payment of the IRFM to a dedicated bank account. The deputies also had to certify on their honor of its proper use.
Moralization laws passed in the summer of 2017 led to a reform of the system in early 2018, with stricter rules and random control of expenditure.
Deputies now have an “advance” of 5,373 euros monthly (same amount as the old IRFM), of which 600 euros can be spent without supporting documents, senators 5,900 euros, including 885 euros without supporting documents.
The HATVP had limited its investigations to the post-2015 period.
During the procedure, the magistrates and investigators notably carried out bank requisitions to “control the allocation of each expenditure made by the deputies and senators”.
The respondents were then heard by the BRDE and then “each disputed expenditure” was analyzed “in order to determine whether or not it was compatible with the purpose of the IRFM”, continues the PNF.
The PNF has since wished to provide “a coherent and harmonized criminal response, integrating however the elements of personality and the specificities specific to each procedure”.
The remaining files might be the subject of a discontinuance of the proceedings but also of a referral to the criminal court or an appearance on prior admission of guilt (CRPC), depending, among other things, on the amount of the sums due and the attitude of the defendants.
