Big procedural hitch for Alexis Kohler: on Tuesday the Paris Court of Appeal annulled the statute of limitations on the facts of illicit acquisition of interests accused of Emmanuel Macron’s right-hand man for his family ties with the shipowner MSC and confirmed the proceedings in his load .
Several sources close to the case, confirmed by a judicial source, told AFP that the Chamber of Inquiry confirmed the orders of the two investigating magistrates, establishing that the facts had not been statute-barred and rejecting a request for nullity.
Emmanuel Macron’s right-hand man is indicted from 2022 for illegal acquisition of interests for having participated as a senior official from 2009 to 2016 in several decisions related to the Italian-Swiss shipowner run by his mother’s cousins, the Aponte family.
Kohler was first implicated for facts dating back to the years 2009-2012, when he held the position of representative of the State Agency for Participation (APE) on the board of directors of STX France (now Chantiers de the Atlantic) but also in board of directors of the Grand Maritime Port of Le Havre (GPMH).
He is therefore suspected of having participated, between 2012 and 2016, in the choices on the dossiers involving the MSC in Bercy, in the cabinet of Pierre Moscovici and then Emmanuel Macron.
From the beginning, Alexis Kohler’s defense claims on the one hand that he has always stayed away from any decisions relating to MSC and that he has informed his superiors of the existence of family ties “well beyond his ethical obligations”.
– No “funeral” –
The Chamber of Inquiry, which studied the case behind closed doors on October 1, adopted on Tuesday a position different from the public prosecutor’s, in favor of the statute of limitations, confirming an order of the investigating magistrates from April 2023 with which they concluded that the i facts were not time-barred, in particular due to the “positive acts aimed at hiding” this alleged conflict of interest attributed to Mr. Kohler.<span data-ccp-props="{"134233117":false
This position allows the start of the limitation periods to be placed at the moment in which they were revealed by Mediapart, in May 2018, and therefore to trigger the proceedings.
For the judges, Mr Kohler in fact hid this connection by limiting himself to informing his direct collaborators in a “confidential manner” and opted for a “deliberate non-disclosure of this connection to the major” institutional or economic interlocutors involved with him in orientations on the matter MSC.
Two former APE executives, Bruno Bézard (2007-2010) and Jean-Dominique Comolli (2010-2012), implicated for their “silence pact” with Kohler which would derive from an “embarrassment” regarding this situation, their The request for recognition of the statute of limitations was also rejected on Tuesday.
I, Jean-Baptiste Soufron, lawyer for Anticor, the civil party behind the relaunch of the investigations after the closure of a preliminary investigation in August 2019, described the decision to AFP as “satisfactory, especially in light of the numerous attempts to bury the dossier, even by the president himself (Emmanuel Macron).
Emmanuel Macron had provided an “employer certificate”, a note paid at the first investigations, to exonerate his colleague. Subsequently, he had publicly expressed on several occasions his “confidence” in his “honest” right-hand man and believed that “the procedure was not finished”.
The anti-corruption association said it was “relieved by this decision which comes at a time when colossal efforts are being made to bury this case (…). No one is above the law”.
The investigations have been closed since April 2023 and, subject to the opinion of the Court of Cassation in the event of an appeal, the PNF will then be called to take its requests and choose between maintaining its initial position of opposition to the accusation or taking sides in court. opinion of the court of appeal and investigating judges.
The latter will then have the final say on whether a criminal trial should be held.
– How do the allegations against Alexis Kohler reflect broader issues of conflict of interest in government roles?
Interview Between Time.news Editor and Legal Expert Jean-Baptiste Soufron
Time.news Editor: Thank you for joining us today, Jean-Baptiste. We’ve just learned about the Paris Court of Appeal’s significant decision regarding Alexis Kohler. Can you summarize the core aspects of this ruling for our readers?
Jean-Baptiste Soufron: Absolutely. The Paris Court of Appeal has ruled that the statute of limitations on the case against Alexis Kohler, a close advisor to President Emmanuel Macron, will not be applicable. This means that the investigation into alleged illicit interest acquisition can proceed. The court found that Kohler’s actions included efforts to conceal his familial ties to the Aponte family, owners of the shipowner MSC, which is at the heart of this case.
Time.news Editor: That’s quite a development! So, if I understand correctly, the court’s ruling contradicts the earlier arguments made by the public prosecutor regarding the statute of limitations. What led to this shift?
Jean-Baptiste Soufron: Yes, that’s correct. The Chamber of Inquiry determined that the alleged conflicts of interest and Kohler’s efforts to hide them initiated a new timeline for the legal proceedings, effectively starting from when these connections were publicly revealed by Mediapart in May 2018. They emphasized that the limitations could only be applied if there were no ongoing efforts to conceal actions, which in this case indicates otherwise.
Time.news Editor: This case seems to raise serious ethical questions about conflict of interest in government positions. How does Kohler’s defense argue against these allegations?
Jean-Baptiste Soufron: Kohler’s defense asserts that he has maintained his distance from any decisions affecting MSC and has disclosed his relationships as far as necessary. They claimed he acted within his ethical obligations, but the court found that the nature of his disclosures was insufficient, especially given the significant decisions he was involved in related to MSC during his time in office.
Time.news Editor: Intriguingly, the ruling also implies that several former APE executives may be implicated due to their silence. How might this decision affect them?
Jean-Baptiste Soufron: Indeed, the court also rejected the statute of limitations for two former APE executives who were part of what has been termed a “silence pact” regarding Kohler’s situation. Their involvement complicates things further, as it may suggest a systemic issue within the agency. Their testimonies could become crucial as the investigation continues, especially if they are held accountable for not acting on the perceived conflict of interest.
Time.news Editor: Looking forward, what implications do you foresee this ruling having on political accountability in France?
Jean-Baptiste Soufron: This ruling is a pivotal moment for accountability in France, particularly regarding public officials and their ethical conduct. It sends a strong message that efforts to hide potential conflicts of interest will not be tolerated, and that the judiciary is willing to hold even high-ranking officials accountable. If the judiciary pursues this case effectively, it may galvanize other similar investigations, leading to greater scrutiny of relationships between government and private interests in France.
Time.news Editor: Thank you, Jean-Baptiste, for this insightful analysis. We will be keeping a close eye on how this develops.
Jean-Baptiste Soufron: Thank you for having me; it’s been a pleasure discussing this important issue with you.