JUSTICE: Insured expert prosecuted for fraud

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"The mechanism of the swindler" consists according to the prosecutor in "making believe in the jurisdiction that it is not able to understand". This definition was exposed by the prosecutor to qualify the behavior of XK, summoned last month to the local court of Saint-Martin for acts of fraud.

The victim owns a villa in Saint-Martin. Resident abroad, she locally mandated an agency specializing in the rental and maintenance of villas, to take care of hers. In 2017, the villa was partially destroyed by the passage of Irma, the agency solicits on behalf of its client an insured expert. The latter visits the villa and then begins the process with the insurance expert.

Then the insured expert makes a proposal to purchase said villa for an amount of 870 euros. In the promise to sell, it further stipulates that the indemnity that the insurance company will pay must come to him so that he can carry out the repair work. 

Some time later, the owner thinks that the insurance adjuster and the rental agency are scamming him: the agency told him that he would receive 80 euros from the insurance or about 000 euros are paid to the agency which transfers them to the insured expert who was to start the work. The owner filed a complaint and did not sign the sale.

The court notes that "the insurance indemnity would in fact have covered the purchase price of the house". The prosecutor requested a nine-month suspended prison sentence and a fine of 10 euros against the insured's expert. The judgment has been reserved, it will be delivered on November 000.

In this case, a representative of the villa rental and maintenance company was also prosecuted for breach of trust. But her death had the effect of extinguishing public action against her.

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