“He is always ready to put up smoke screens but today he is not there”, regretted the deputy prosecutor of the Republic about this 51-year-old man accused of breach of trust. DE was summoned last Thursday before the local court of Saint-Martin but did not appear and therefore could not justify the acts denounced and reported by the victim, present her at the hearing.
In June 2021, the young woman filed a complaint against DE because he had received several sums of money without having carried out the services provided in return. Several months earlier, the victim created his business. She turns to DE, whom she knows, to help her put together her financing file with a microcredit platform. Then she asks him to assist her in the administrative procedures "because [she] does not speak French very well", she explains to the magistrates. She gives him a mandate: the man is responsible for filing the articles of association and carrying out all the formalities with the CCI. For this, she pays him some 750 euros. “We are then in October and he tells me that the steps take about a month”, she specifies.
In December, having received no documents, the young woman asked to take stock of her file with DE. "He tells me that the person he knows is on leave," she continues. In January he put forward the excuse of the Covid-19 which "slows down the procedures". “In February, I still have nothing and he no longer responds to my messages”, adds the one who ends up taking her phone and calling directly the services in Guadeloupe supposed to take care of her file. “There I am told that no file has been filed concerning my company”, she reports. She then understands that she could have been fooled by DE. At the same time, the man had to redo her website and he delivered nothing even though she had paid him 900 euros. In court, the victim also says that she had asked DE for invoices but he never sent them to her. "When I asked him for an invoice to file the statutes of my company, he told me that he had forgotten to take it and that he was going to send it to me, to date I have not received anything yet" , she says.
The prosecutor requested a four-month prison sentence against the defendant, who had already been convicted twice of fraud. After deliberation, the court imposed a fine of 1000 euros. He also received the civil party application from the victim; DE must compensate him up to 500 euros for non-pecuniary damage and 579 euros for economic damage.
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