the director brings to justice
INFO FRANCE 3. After two years of investigation into suspicion of embezzlement at the Haute-Garonne CPAM, a trial will take place in October 2022. The director refused the “plead guilty” for non-compliance with the public procurement code .
The case broke at the end of January 2019. Following an audit pointing to dysfunctions in the management of the Primary Health Insurance Fund of Haute-Garonne, we then reveal to you a complaint filed with the Toulouse Public Prosecutor’s Office. Since then, the regional judicial police service (SRPJ) has completed its investigation. It has two components.
The first concerns non-compliance with the public procurement code. Blamed for these facts, Michel Davila, the director of the CPAM31, refused to plead guilty and will appear before the Toulouse Criminal Court in October 2022.
The investigators also discovered unjustified fees collected by Bernard Gil, the chairman of the Board of Directors of the CPAM. But for lack of complaint from the Fund, the prosecution did not prosecute.
The audit of the accounts of the CPAM31 published on January 30, 2019 had highlighted breaches of the public procurement code, “purchases that do not comply with the 2015 law on public procurement which requires a call for tenders for any market over € 25,000 excluding tax. “
The SRPJ investigation confirmed the non-compliance with procedures, and the Toulouse public prosecutor proposed to the director of the Caisse Primaire d’Assurance Maladie de Haute-Garonne, a CPRC, a comparison on prior admission of guilt. According to our information confirmed by the prosecution, Michel Davila was offered a six-month suspended prison sentence and a fine. But the person refused this plea-guilty. So there will be a process.
Reached by phone, the director of the CPAM31 explains “wanting to defend one’s honor in open court“. Michel Davila is called to appear before the Toulouse Criminal Court on October 10, 2022. He will then no longer be director of Social Security in Haute-Garonne, since after six months of work stoppage, he will be dismissed for incapacity professional from January 1.
According to the labor code, this procedure will allow him to receive a special indemnity, equal to at least twice the legal indemnity for dismissal.
In this case of embezzlement, the chairman of the Board of Directors of the Fund was also in the sights of investigators. Search, police custody, odometer readings … Bernard Gil, administrator of the Fund and representative of the CGT, had to answer to the Toulouse SRPJ for unjustified travel expenses.
According to a source close to the investigation, the fraud has been established. And the damage estimated at 115,407 euros between 2015 and 2018. In this type of case, it is up to the victim of the damage to make himself known and to claim compensation. In this case, in this specific case, the Primary Health Insurance Fund of Haute-Garonne could have become a civil party as a victim. Which she refused to do for some reason.
No complaint, no victim, so there is no case. To this day, Bernard Gil is still the Chairman of the Board of Directors of CPAM31.