the Geneva Court of Justice rules in favor of the owner of AS Monaco
A new page is opening in the complex affair which is making international headlines.
Yet another twist in the affair surrounding the Swiss art dealer Yves Bouvier and which provided the attention of the press Swiss, frenchbut also English and american the last days. Swiss justice has canceled the classification of the procedure opened following the complaint of the president of AS Monaco Dmitri Rybolovlev against Yves Bouvier, whom he accuses of fraud. The procedure was closed last year by the Geneva Public Prosecutor, but the Russian billionaire immediately appealed. At the end of the verdict, the judges demonstrated that the charges brought against the defendants were ” plausible ” and ” cannot be denied. »
Seven years of legal battles
The case dates back to January 2015 when the owner of AS Monaco reproach to Geneva’s Yves Bouvier for having defrauded him of almost a billion Swiss francs during the purchase of 38 works of art for a total of 2 billion euros. The Russian billionaire had filed a complaint in Monaco (for scams committed, according to him, during transactions of three paintings), in Switzerland (for the 38 works of art), but also in Singapore and New York.
According to Dmitry Rybolovlev’s Swiss lawyers, ” Abusing his position, inventing schemes and lying to the point of simulating non-existent negotiations with sellers, Yves Bouvier systematically deceived suspects about acquisition prices. He thus fraudulently realized undue capital gains totaling nearly a billion Swiss francs, paying in the process in an occult way nearly 100 million Swiss francs to Tania Rappo [résidente monégasque – ndlr] in order to maintain the confidence of Dmitri Rybolovlev and his entourage. »
In December 2019, the Monegasque procedure was canceled by the Chambre du conseil of the Monaco Court of Appeal, on the grounds that it was unfair and had been dragged from “ partial and unfair manner “.
This decision later led to the closing of the case by the Public Prosecutor of Geneva. The Swiss prosecutor had pointed out a lack of public interest, that the condition of fraud had not been met and above all, that the cancellation of the trial in Monaco had vitiated the documents available to the questioned party.
“The continuation of the investigation in the respect of fundamental rights is perfectly feasible”
In a judgment delivered last week, the Criminal Appeals Chamber of the Geneva Court of Justice explains that “ the public interest in the prosecution continues “, and points out that” the alleged damage to companies related to Rybolovlev family trusts approach “ one billion Swiss francs (more than one billion euros). The Geneva newspaper Time quotes the Swiss judges: “ The Public Prosecutor sees, in the defects that suffered the Monegasque criminal proceedings, reasons to close those conducted in Geneva. This approach is surprising. […] The continuation of the investigation in the respect of fundamental rights is perfectly feasible. » The court rejects each of the reasons given by the Public Prosecutor’s Office and therefore sends the file back to the Public Prosecutor’s Office to resume the investigation.
Me Giroud and Me Mauron, lawyers for Dmitri Rybolovlev, declared: “ This judgment demonstrates the emptiness of Yves Bouvier’s defense and the futility of his fanciful statements. […] In view of the proven evidence, the Court confirms the position of our principals, […] and concluding that the existence of deception cannot be denied. » The advice of the boss of AS Monaco is “Convinced that the criminal responsibility of Yves Bouvier and his acolytes will be promptly established. »
Me David Bitton, one of Mr. Bouvier’s lawyers in Geneva also reacted to the court’s decision: “ We welcome the decision of the Criminal Appeals Chamber. The Geneva Public Prosecutor’s Office will deepen its investigation, to confirm without question the emptiness of Mr. Rybolovlev’s theses. ” Yves Bouvier, too, expressed himself personally via a press release: ” The judgment of the Court only reopens the investigation so that it is deepened on certain points. […] I therefore look forward to the work of justice being able to take place to bring out the truth in a definitive way. »