Case EADS retirement of general cause
"A real sense of justice," responded Thursday night Frederic Peltier lawyer EADS, reading the verdict acquitting the defendant in the general case EADS. "The victory of truth and right," said Olivier Gutka and Jean-Alain Michel, counsel for Noel Forgeard.
The Sanctions Committee of the Financial Markets Authority (AMF) has cleared in a 25-page document, the 17 leaders suspected of "breach insider" for selling stock options in March 2006 before the official announcement the delay of the Airbus A380 in June 2006. The private shareholders, Lagard?re and Daimler, are also exonerated. As for EADS, "the company did not breach its duty of information," insisted Fr?d?ric Peltier.
The most important case of alleged "failure" of insiders, known by the codename "0818 case" did "Pschitt" after three years of investigation.The Sanctions Committee found that none of the suspects had had access to inside information. Therefore, all the accusations fall.
"I'm very happy," said Noel Forgeard to his lawyers. Former EADS co-chair the Executive is considered as the only scapegoat. "He became the archetype of the offender financially. His name was offered as a sacrifice to public opinion, "responds a close. EADS has "welcomed" the decision of the AMF. For Louis Welsh, president of the European giant, the stakes were high. He arrived at the head of the group in July 2006 because of this case. He threw his whole weight into the EADS defense and accused persons.He was sent March 19, 2008 a note to the MFA in which he denounced an investigation "unilateral" approach and "surprising."
Last November, he again stepped into the breach. "I know each of the protagonists in this case. They are dishonest and not speculators. Imagine how they would have speculated about their own failure, "he said. Alain Flourens, an engineer passionate about his job, "will be able to think only of its aircraft.
Lawyers draw several lessons from this case. "This decision honors the Sanctions Committee. It demonstrates that it is an independent and impartial, "stated Olivier Gutka and Jean-Alain Michel. "This case proves that the contradiction must be implemented as soon as possible, ie before the notification of objections, that the investigation is not only dependent," says Frederic Peltier.In the future, defense lawyers want to present their arguments at the outset of the investigation "to avoid the truth of facts is truncated as was the case here."
The advocates were disappointed that AMF investigators have not heard from consultants McKinsey. They had been charged with a mission from December 2005 to June 2006 by Airbus to resolve the problems of industrialization of the A380. In their June report, they proposed solutions. They were confident
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