The criminal court of Saint-Martin pronounced Thursday, February 21, its deliberations on the affair of the Frenet association, examined on November 22, and in which its leaders, the Héritier spouses, were the main defendants.
• Recall of facts
The schools, Frenet and Victor Schoelcher, had to interrupt their activities on September 1, 2017. "These private establishments without a contract are not authorized to provide teaching", announced the rectorate. In parallel, the spouses being suspected of having diverted part of the money from the registrations for his benefit and of not having declared employees.
The couple was also prosecuted for fraud at Pôle Emploi. Their association, of which their daughter was the president and therefore the legal representative, would have benefited from aid paid by the State to cover 95% of the salaries of some of its employees (including their two children) while it was not entitled to it, a total of 90 euros. The Pôle Emploi agent (whose lawsuit was disjointed) reportedly mentioned homes in so-called priority areas and / or modified the previous periods of inactivity, so that the association could benefit from these financial measures, while the said employees did not 'did not live at the addresses indicated and / or had not been inactive for that long.
In summary, the sums coming from the inscriptions paid by the parents, would then have been diverted by the couple Héritier for his profit.
• Defense
Accompanied by his lawyer, Jean Héritier had tried to obtain his release. "We are convinced that we were wrong throughout this investigation" declared Maître Jabot, the defense lawyer, at the beginning of his plea. "Mr. Héritier has no responsibility because it is the Pôle Emploi agents who must verify the criteria" pleaded his lawyer. Charges
The charges were:
- the Heir couple: fraud to the detriment of a public person or an organization in charge of a public service mission to obtain an allowance, a service, a payment or an advantage undue (between September 1, 2016 and June 30, 2017), opening of a private primary education institution without prior declaration (between January 1, 2015 and September 1, 2017), illegal opening of a private education institution secondary (between September 1, 2016 and September 1, 2017), execution of hidden work (between January 1, 2016 and September 1, 2017 in Saint-Martin), breach of trust (between January 1, 2015 and October 30 2017 in Saint-Martin), fraudulent alteration of the truth in writing (committed from September 1, 2016 to June 30, 2017 in Saint-Martin), use of forgery in writing (between September 1, 2016 and June 30, 2017), attempt false or incomplete declaration to obtain the RSA on September 18, 2017, laundering from January 2015 to September 2017 in St-Martin
- their daughter: the same first five facts as her parents, as president of the Frenet school association for which she was therefore the legal representative at the time of the facts
- the son: concealment of property obtained with the help of a fraud (between September 1, 2016 and June 30, 2017 in Saint-Martin), i.e. having benefited from the 9 euros of the subsidized contract without being entitled to it
- legal entities of SCI Marie, accused of money laundering. Its managers (the Heir couple) allegedly embezzled the association's money to repay their mortgage loans
• Requisitions
The prosecution then requested:
- 10 euros fine suspended against the Frenet school association
- against SCI Marie: confiscation of the family villa located in Orient Bay, already seized provisionally and whose value corresponds according to the representative of the public prosecutor to the amount of personal enrichment
- four months suspended sentence and 1000 euros fine against Romain Héritier
- eight months suspended prison sentence and 2000 euros fine as well as the ban on exercising any activity related to the management of an establishment for five years against Marie Héritier
- definitive ban from managing or directing an educational structure against both spouses, fifteen months suspended prison sentence and 5 euros fine against Annick Nuyttens, thirty months in prison including twenty with stay and 000 euros fine against Jean Héritier
• Deliberate
- the Frenet association was declared guilty of all the alleged offenses and sentenced to a fine of 20 euros, including 000 suspended. Prohibition on receiving public aid and exclusion from public procurement for five years. In addition, the Frenet and V. Schoelcher schools were closed.
- Jean and Annick Héritier were declared guilty of all the facts but released for the attempt to obtain an undue allowance (RSA). They were each sentenced to a fine of 50 euros and a definitive ban on exercising the profession and a commercial or management activity.
- Marie Héritier was also found guilty of all the facts with which she was accused and sentenced to a fine of 10 euros, including 000 suspended sentences and a ban on practicing the profession and managing a business for three years
- Romain Héritier was declared guilty and sentenced to a fine of 5000 euros including a suspended 1000 euros and to a ban on practicing the profession and managing a business for two years
- the legal entities of SCI Marie was found guilty. The court ordered the confiscation of the villa in Orient Bay (and limited the execution of the real estate confiscation sentence up to the determined amount of € 350.000) and the placement under judicial supervision of the SCI for five years
- the requests of the civil parties (several thousand euros) were referred on civil interest to June 25
(More details on: www.soualigapost.com)
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