By Jean-Claude Bonnemere
Published on 22 Sep 22 at 16:54
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Thursday, September 22, 2022André (first name has been changed), 80 years old, was prosecuted before the Cahors Criminal Courtat the request of the son of the 87 year oldfor fraud and abuse of weakness.
the President Philippe Clarissou calls on the defendant to explain his actions towards the 87-year-old. Why did he borrow €4,560 from her, without making any repayments, contrary to what he had promised her? The facts would have taken place between July 2, 2020 and January 27, 2021, in Figeac.
Victim of a scam from Africa
André, honorably known in the City of Champollion where he practiced a commercial profession before retiring, fell into the trap of a scam carried out from Africa. In this case, it was a question of sending money in order to obtain a wondrous inheritance. No one has specified what the content of this jackpot was…
– “I confess that I believed in it ! » says André, sheepishly.
The more André sent money to his mysterious correspondent based in Africa, the more André thought he was on the verge of winning the jackpot… But after having liquidated all his savings and those of his wife, André turned to his acquaintances, including one of his friends, from whom he borrowed several sums of money, which he was never able to repay. Given the extent of the damage, André was placed, for a certain period, under reinforced curatorship
in order to prevent him from ending up on the street, he and his wife. The latter has also been the subject of a protective measure at the request of her niece, so as to save the couple’s house, the only asset they have left after all the squandered money. The African scam would have brought in their beneficiaries several hundred thousand euros. However, obsessed with this lark mirror, André, defying all the prohibitions that were notified to him, nevertheless continued to caress his dream. This stubbornness annoys the president! – “You are placed under reinforced curatorship and despite everything, you continue your steps to borrow money ? »
wonders the president.
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The defendant repeats that he still has in mind to reimburse
The president asks the question straight out: – “Do you think you have abused the situation
? » – “Not at all, we knew each other very well with this lady ! »
he replies, repeating that his intention was to repay the sums borrowed. – “Why did you not reimburse, then ? »
continues the president. – “Because part of my property has been sold and because the other part is stuck with a notary, which prevented me from repaying ! »
he assures. The president seems doubtful in front of the defendant’s explanations.
The couple receives a total of €1,870 monthly pension. Examined by a psychiatrist, André is within the norm and can be considered responsible for his actions. Me Céline Branco, lawyer for the civil party, spares no effort to condemn the actions of the defendant towards his client. In his eyes, Andrew “knew very well that he could not repay” and she castigates the fact that he took advantage of his client’s weak state. She considers that the two acknowledgments of debt he signed had no other purpose than to give her confidence,“while they had no legal value given that he was under reinforced curatorship and that in such a case, the signature of the curator is essential”
. The lawyer also notes the state of isolation of her client while her husband was in palliative care, when André continued to borrow money from her. Me Branco asks condemnation of André for abuse of weakness and fraud. She seeks the sum of €4,560 for the repayment of the sums borrowed, plus €1,000 for non-pecuniary damage and €2,000 for legal costs.
The Public Prosecutor’s Office does not ask for punishment… Ms. Brigitte Lanfranchi, Deputy Prosecutor openly wonders about the nature of the grievances with which the defendant is accused. She regrets that the civil party was not heard on the circumstances in which she was led to lend money to André. The magistrate argues that there is a lack of material elements that could determine André’s guilt and characterize the offences. It requires no pain and
“defers to the judgment of the court, as to the possible guilt of the defendant”.
Not being assisted by a lawyer, André speaks last and refutes the arguments put forward by the lawyer for the civil party, which he describes as “broding” and he claims to have acted without “secrecy”.
Judgment has been reserved and will be delivered on November 17, 2022.
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The article is in French