Apollonia fraud: Defense pleads for acquittal after "staggering submissions"

"It's a difficult case, difficult to argue, difficult to judge, because the pain is so strong," began Frédéric Monneret, one of the two lawyers for the Badache couple, founders of the Apollonia wealth management firm.

On a cutting edge, this Marseille barrister tried to make up for the attitude of 70-year-old Jean Badache during more than two months of hearings with some 760 civil parties in this extraordinary trial. For Mr. Monneret, the turbulent attitude of his client, who overreacted to the "Mime Marceau"-style statements, was in reality "a defensive attitude" on the part of this former shoe merchant turned wealthy business leader.

And, contrary to what was claimed by the prosecution, he did have a word with the civil parties, declaring in his flowery language: "I regret that these people are in the shit... I have a share of responsibility because Apollonia is my company," recalled the lawyer, quoting his client.

As for his wife, she is not a "cold, calculating woman," but an "extremely modest" person, attempted the couple's other lawyer, Frédéric Landon.

In substance, the requisitions were "staggeringly severe", a "sanction of elimination" and a "huge fine", according to Mr Monneret.

On Monday, Public Prosecutor Mathieu Vernaudon requested the same ten-year prison sentence for Jean and Viviane Badache, with immediate incarceration due to the risk of absconding, and a €12 million fine. He requested lesser sentences for the 5 other defendants and a €XNUMX million fine with dissolution for Apollonia.

Certainly, they sold a lot (Editor's note: more than 5.300 real estate development lots, for nearly 1,2 billion euros), but "that doesn't allow us to characterize the offenses," said Mr. Monneret. "If there is reasonable doubt, you will be subject to acquittal," Mr. Landon demanded.

In addition to the couple's age, the lawyers also asked the Marseille Criminal Court to take into account the unreasonable delay, as the trial is taking place some twenty years after the events.

Since the end of March, the Badache couple have been on trial along with four of their salespeople, former employees, three notaries, and a lawyer. Apollonia targeted the medical profession, pushing its clients to acquire real estate—up to forty for some—that was supposed to be self-financing through the professional furnished rental (LMP) status.

Many hoped to build up assets and prepare for their retirement, but for many, hopes of profitability have turned into excessive debt, banking bans, and the inability to pass anything on to their children.

The decision will be reserved.