Illegal acquisition of interest 10,000€ suspended against Louis-Constant Fleming

On June 26th, Louis- Constant Fleming was sentenced to a fine of 10,000 euros suspended by the Saint-Martin court for illegal acquisition of interest.

These facts go back to 2009 but the case was brought by Jabiru before the Courts in October 2010. The latter wrote a letter to the then Deputy Prosecutor, Jacques Louvier, to raise his awareness on the acquisition of a piece of land by Semsamar. An investigation was instituted.

In particular, Louis-Constant Fleming was accused of having allowed, as the administrator of the Semsamar, the acquisition by the latter of a land in Spring owned by his mother, worth several millions of euros.
 This is called an illegal acquisition of interest.

Louis-Constant Fleming appeared before the Courts in admission of guilt proceedings (CRPC)  Although this procedure is very common in the mainland, it was only set up in Saint-Martin at the beginning of this year. It was made possible by the creation of the seconded chamber.

This procedure allows the person suspected of an offense to avoid a trial and to be summoned to a correctional hearing; However, she must plead guilty, that is, admit that she knowingly committed the offense. Then, the public prosecutor summons the interested party to a CRPC. If the discussions with the public prosecutor who proposes a sentence are confidential, the trial or trial hearing is public.

Louis Constant Fleming pleaded guilty and was then summoned to a CRPC on Monday afternoon in Saint-Martin. He was given a suspended fine of Euro 10,000. If the court had not sanctioned the sentence, the matter would have been referred and considered at a correctional hearing.

Estelle Gasnet