Saturday, December 6, 2014

Penalties for the 2012 campaign: “The check does not … Sarkozy – The Obs

Penalties for the 2012 campaign: "The check does not … Sarkozy – The Obs

We learned Wednesday that Nicolas Sarkozy had signed a check for 363,615 euros to the UMP, the amount of the penalties that the party had paid for him after the passing of its expenditure for the presidential campaign of 2012. The following day, the former treasurer of the UMP Catherine Vautrin was indicted for embezzlement.

What are these developments? What change? The lighting of Jean-Christophe Ménard, lawyer financing of political life.

In a letter to the treasurer of the UMP, Nicolas Sarkozy wrote that his check “puts the political formation that [he] chairs away from any challenge. ” The fact that he signed the check he changes something in the judicial inquiry opened in October, and that it may if necessary

– This check do not put Nicolas Sarkozy nor the UMP, away from possible prosecution. First, because it does not solve the problem of who or UMP Nicolas Sarkozy had to pay penalties after exceeding campaign expenses of the candidate in 2012. If it turns out that the UMP paid while it is Nicolas Sarkozy who should have done is a crime, because of the individuality of penalties. And the fact that Nicolas Sarkozy today reimburses UMP does not clear so far whether the criminal offense .

In addition, this check does not make much difference to the real exceeded Nicolas Sarkozy campaign spending as the investigation into the case seems Bygmalion show. The Constitutional Council was established in July 2013 exceeded 363,000 euros (after returning to the campaign accounts a meeting), but since the Bygmalion case broke, and it is rather the 11 million, the excess could approach. .. The amount established by the Sages he freezes the situation? Nicolas Sarkozy or can it be one day have to pay 11 million penalties? Here again, the check does not matter. Ultimately, it simply prevents a hole 363,615 euros into the coffers of the UMP.

Jean-Christophe Cambadélis even see in this famous check a risk to Nicolas Sarkozy for being “outlawed”, donations to political parties are limited to 7,500 euros. Is this the case

– Nicolas Sarkozy’s UMP check is it a gift? An individual who pays more than 360,000 euros to a party, it can be likened to a direct or indirect donation, capped at 7,500 euros. Is there an agreement in which the UMP indicated that it would pay in lieu of Nicolas Sarkozy? The question of the legal qualification of the payment arises indeed.

The indictment of former Treasurer Catherine Vautrin she announces that of Nicolas Sarkozy? That of the UMP political office?

– If there is a breach of trust, we have to wonder who is the author. The payment of penalties by the UMP he decided by Catherine Vautrin alone? By the leaders of the party then? Counsel for the Treasurer emphasizes its role as performing, but it should be noted that although it has received orders, there was no pressure to commit a criminal offense.

In terms of Nicolas Sarkozy, it is for the misuse of trust that judges could if necessary put into consideration. In terms of receiving, we need to know if Nicolas Sarkozy was informed that leaving the UMP pay in its place, a “possible” criminal offense was committed. The investigation will determine whether c is the case. Obviously there’s a good chance it will be understood by judges shortly. The other question that arises today is that of a potential conflict of interest. Nicolas Sarkozy is both ex-presidential candidate in 2012, and current president of the UMP. This could lead judges to seek to obtain documents it holds as president … and which concern him as a candidate.

Interview by Anne-Sophie Hojlo Friday December 5, 2014

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