Paris, France
Former French President Nicolas Sarkozy, on Wednesday (May 17) lost his appeal against a 2021 corruption sentence in a Paris court. However, instead of spending time in jail, the former president will serve his time at his home but will have to wear an electronic tag. While Sarkozy is the first ex-president in post-war France to receive a custodial sentence for corruption, it is not the only legal battle he is currently embroiled in.
Let’s take a look at the life, career and legal woes of the former French president.
Who is Nicolas Sarkozy?
The 68-year-old conservative leader who also served as the former interior minister has been plagued by corruption investigations since the end of his five-year term between 2007-2012 as the President of France.
The critics dubbed Sarkozy's presidency as “bling-bling” as his leadership style has been described as brash, celebrity-driven and hyperactive for a role which is typically steeped in tradition and grandeur. This image was further solidified when he married his current wife, former supermodel and singer, Carla Bruni.
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The so-called “hyper-president” is also divorced twice and has one son from his second marriage and two sons from his first marriage. Sarkozy had also sought to become the president in 2016, however, the Republicans in France had instead nominated former Prime Minister François Fillon who lost against incumbent President Emmanuel Macron who took office in 2017.
Sarkozy’s political ambitions have long been overshadowed by investigations since he left office in 2012. However, he has managed to retain considerable influence and popularity on the right of French politics.
‘Wiretapping affair’
In 2014, Sarkozy was first placed under official investigation for influence peddling after he had left office for which he was later convicted. In France, the case known as the “wiretapping affair” where his wiretapped phone calls showed that he discussed the idea of offering a high-ranking judge a cushy job in Monaco, in exchange for information about a financing investigation.
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At the time, prosecutors alleged that Sarkozy’s lawyer, Thierry Herzog, tried to obtain information from Judge Gilbert Azibert, about a case which involved illicit payments from L’Oreal heiress Liliane Bettencourt for Sarkozy’s 2007 presidential election campaign. The case was later dismissed.
However, it resurfaced in 2014 which led to a formal investigation against him. Two of Sarkozy’s phones were wiretapped by investigators a year prior who were looking into money flows from Libya and stumbled upon the secret line used by the former president and his lawyer, Herzog.
Recently upheld verdict of the case
In line with these allegations, Sarkozy was convicted in 2021 for corruption and influence peddling a ruling which he appealed and lost on Wednesday. However, his lawyers have since vowed to challenge it at France’s highest court, Cour de Cassation. The court reviews lower court rulings on the grounds of legal or procedural errors, but not factual aspects.
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The appeals court in Paris upheld the three-year prison sentence and in line with the previous ruling said two of those years were suspended and that Sarkozy would wear an electronic bracelet for the remaining year. Meanwhile, the former French president’s lawyer maintained that he had committed no wrongdoing and described the ruling as “stupefying.”
“We will not give up this fight,” said defence lawyer Jacqueline Laffont. This comes after a lower court found Sarkozy guilty of trying to bribe a judge after leaving office and peddling influence in exchange for confidential information.
The presiding judge, Sophie Clement in Wednesday’s hearing also upheld convictions against Herzog and Azibert. According to Clement, Herzog’s judgement as a lawyer was clouded because of his friendship with Sarkozy. She also said that Herzog had breached professional codes of conduct by not warning the former president that what he was doing was illegal.
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The judge also went on to dismiss Sarkozy’s claim that he was not aware of what Herzog and Azibert had discussed citing the wiretapped exchanges and also rejected the former president’s argument that wiretapped conversations cannot be presented as evidence.
‘Bygmalion affair’: Another campaign financing case
Another case related to Sarkozy’s campaign finances came to be known as the so-called ‘Bygmalion affair’ for which he was also convicted in 2021 and was handed a one-year prison sentence. The case centred around the accusation that Sarkozy’s party, then known as the UMP, worked with a PR company Bygmalion, to hide the actual cost of his failed 2012 presidential election bid.
As per French laws, candidates are only allowed to spend $24 million. However, Bygmalion provided a series of false invoices for more than $19 million to his party but not the campaign which, according to the prosecutors, effectively enabled Sarkozy’s party to spend over the limit. The former president was among 14 who were to witness a trial in relation to the case.
Did Sarkozy take money from Gaddafi?
Investigators who had wiretapped the ex-president’s phones were looking for evidence of money flows from Libya for which Sarkozy may soon face another trial. Earlier this month, prosecutors requested that Sarkozy should face trial over allegations that the Libyan government illegally contributed to his successful 2007 presidential bid.
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France’s financial crimes prosecutor (PNF) has also called for a trial for 12 others after they allegedly sought millions of euros in financing from the regime of then-Libyan leader Muammar Gaddafi. The allegations were first made public by the late autocrat’s son.
However, Sarkozy has denied any wrongdoing and said some officials from his regime are seeking revenge against him for his decision to send French warplanes during the 2011 Libyan uprising.
Similarly, Claude Guéant who was the former president’s chief of staff and managing Sarkozy’s presidential campaign at the time, said he had “never seen a penny of Libyan financing,” as quoted by BBC, citing Franceinfo website. Along with Sarkozy, his then-head of campaign financing Eric Woerth and former minister Brice Hortefeux have also been accused by the PNF for their alleged involvement in the case.
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The prosecutors have also sought charges including, “concealment of laundering public funds, passive corruption, illegal campaign financing and criminal conspiracy with a view to committing a crime punishable by 10 years in jail.”
In a 2018 interview, Sarkozy said, “There’s not even the smallest inkling of proof,” adding that these allegations had made his life a living hell. A French-Lebanese businessman Ziad Takieddine told French news website Mediapart that in 2006 and 2007, he handed over three suitcases stuffed with cash amounting to $6.2 million from Gaddafi to Sarkozy and Guéant.
Possible Russia investigation
In 2021, Sarkozy had also been placed under preliminary investigation for “influence peddling,” in Russia nearly seven years after he left office. According to reports, the former president came under scrutiny for advisory work he undertook for a Russian insurance company.
(With inputs from agencies)
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