In the context of a dispute relating to CEO fraud, Cabinet LE BOT represented the interests of a company against its bank, SA CIC Nord-Ouest.
In the course of these proceedings, Cabinet LE BOT obtained, before the Cour d’appel de Douai, the full restitution of the embezzled funds by the fraudsters, amounting to 329,255 euros.
How did fraudsters manipulate a company employee to embezzle funds?
The case follows a “CEO fraud” suffered by our client in 2014, during which a fraudster convinced the company’s accountant to carry out three wire transfers to accounts in Romania, for a total amount of 329,255 euros.
The fraudsters constructed a complex scenario in order to provide a credible justification for the urgency and secrecy of the requested transactions.
The context of the operation was centred around an alleged “tax fraud”. This type of subject is often used in CEO fraud schemes to instil fear and impose total secrecy, thereby preventing the employee from consulting management or triggering the usual verification procedures.
The fraudsters used an authority figure to lend legitimacy to their instructions. Email exchanges revealed that the communications were conducted by a certain Mr Jean Duval, who presented himself as a “lawyer from the KPMG firm”. The use of a recognised firm such as KPMG served to contextualise the request and reinforce the credibility of the scenario.
Bank CIC NORD OUEST ordered to reimburse embezzled funds and pay damages
In this case, Maître Mikaël LE BOT was tasked with establishing the Bank’s liability on the grounds that the transactions were unauthorised and that the Bank had breached its duty of vigilance.
He ultimately obtained the full restitution of the disputed sums. Indeed, the Cour d’appel de Douai ordered CIC Nord-Ouest to pay the company the following amounts:
- 329,255 euros in restitution of funds, with interest at the statutory rate from the date of the fraud.
- 5,000 euros in compensation for non-material damages.
- 15,000 euros pursuant to article 700 du code de procédure civile for legal costs.
Cour d’appel de Douai, Chambre 2 section 2, 13 novembre 2025, n° 24/00172
Read online:
https://www.courdecassation.fr/decision/691702e5e097417ee1be1a51
https://www.doctrine.fr/d/CA/Douai/2025/CAPC29EB9A1D6D7A80FD1F7
