A French court faces an appeal over its jurisdiction in a major money laundering case involving Swiss and San Marino banks, with key suspects including a Corsican real estate agent.
Appeal against jurisdiction ruling
An appeal has been filed by the public prosecutor and the lawyers of Vitaly Malkin, a former Russian senator and civil party, against a recent ruling by the Marseille correctional court regarding territorial jurisdiction in a financial case.French court rejects jurisdiction for foreign companies
On October 22, the Marseille correctional court ruled that it did not have jurisdiction to try foreign companies for alleged breach of trust committed abroad. This excluded Swiss bank Edmond de Rothschild and San Marino’s Banca Sammarinese di Investimento (BSI) from the case, along with two suspects of Luxembourgish and Italian nationality.Appellate court to rule on jurisdiction
The appellate court has accepted the appeal and will immediately examine the issue of territorial jurisdiction. A ruling is expected on January 12, following which the case may proceed to the Court of Cassation if further appeals are made.French suspects remain under court jurisdiction
The Marseille court’s 6th economic and financial chamber stated it would retain jurisdiction over five French suspects, including Jean-Noël Marcellesi, a hotelier and real estate agent in Corsica-South. He is one of the main actors in a large-scale real estate operation in Bonifacio.Prosecution accuses of breach of trust
The prosecution alleges that Jean-Noël Marcellesi and Pierre Grotz, a former investment advisor to Vitaly Malkin, committed breach of trust by directing a 20.9 million euro transfer from Malkin to accounts they are the economic beneficiaries of. These accounts are unrelated to the planned real estate operation in Bonifacio.Defendants contest charges citing commissions
The defendants contest the charges, citing the payment of their commissions as justification for the transfers. They argue that the money was part of their legitimate earnings from the real estate operation.Case to be re-examined in 2027
Following the appellate court’s decision and any potential appeal to the Court of Cassation, the Marseille court will re-examine the case on April 16, 2027, for a procedural matter, as stated by President Pascal Gand.Court rejects requests for judicial control
The judges rejected requests from Jean-Noël Marcellesi and Olivier Couriol to modify their judicial control. Couriol, suspected of using his Swiss accounts to transfer 6.7 million Swiss francs (7.25 million euros) to the Corsican real estate agent’s account in Nassau, had previously requested changes to his restrictions.Defendant’s assets remain under seizure
The lawyer of Jean-Noël Marcellesi, Me Margaux Durand Poincloux, had requested the release of a 1.96 million euro guarantee paid by his client in 2014. Additional assets, including real estate and company shares, have been seized, totaling approximately 40 million euros.Court maintains financial guarantees
Despite the defense's complaints about the prolonged legal process, the court upheld the 400,000 euro guarantee imposed on Olivier Couriol in April 2016.
