Ex-Vivendi execs face French trial over finances
June 2, 2010 Messier and the six other executives on trial, including
American Edgar Bronfman Jr., could face prison terms as well as
fines if convicted.
The trial is Act Two in the courtroom drama for Vivendi, after a
similar trial in New York. The U.S. District Court in Manhattan
ruled in January against Vivendi SA and in favor of U.S. and
European shareholders who said the media group lied to the public
about its shaky finances. The court ruled that Messier himself was
not liable.
In the French case, Vivendi is itself one of the plaintiffs,
alongside shareholders.
The French investigation began in 2002. Investigators looked
into shareholder accusations that the company published false
balance sheets for the fiscal years 2000 and 2001 and issued
deceptive information about its forecasts.
After years of probing, Paris prosecutors recommended last year
that the case be thrown out for lack of evidence. But the judge
ignored the recommendation and ordered Messier and six others to
stand trial.
The others are Bronfman, a former executive vice president;
former Chief Financial Officer Guillaume Hannezo; ex-treasurer
Hubert Dupont-Lhotelain; ex-assistant treasurer Francois Blondet;
former managing director Eric Licoys; and a former president of a
now-defunct branch of Deutsche Bank, Philippe Guez.
Messier, now 53, was a star of the French business world during
his 1996-2002 reign at Vivendi, when the company expanded from the
water utility Generale des eaux into a major media group. He was
revered as the embodiment of a new entrepreneurial culture and
market savvy taking root in France.
Vivendi's shares lost more than 80 percent of their value as the
company ran up billions of dollars of debt in acquisitions
including the Universal film studios and music label in the United
States, European pay-TV station Canal Plus, a French publishing arm
and France's No. 2 mobile operator. It sold many of its businesses,
including Universal, to right itself.
At the height of Vivendi's buying binge, France's popular
satirical puppet show, "Guignols de l'info," had a character
dubbed "Jean-Marie-Myself-Master of the World-Messier."
Messier was sacked by Vivendi's board of directors in 2002 and
the company underwent drastic restructuring.
Messier is charged with "transmitting false or misleading
information about the prospects or situation of a stock issuer"
from 2000 to 2002, "manipulation of stock prices" in 2001 and
"misuse of company assets" for a euro20 million severance package
that he eventually renounced.
Bronfman, who now is CEO of Warner Music Group, is accused of
insider trading.
Messier "is determined to show the inequality" of the charges,
his lawyer Pierre Haik told The Associated Press before the trial.
Messier was already fined euro1 million by the French stock market
regulator, the AMF, for giving inaccurate financial information
about his company. A Paris appeals court later halved that to
euro500,000.
The trial runs through June 28.