The trial for fraudulent commercial practices of the founder of the insurance broker and six companies in his group begins this Monday, September 23, in Paris.
© laurencesoulez/Adobe Stock
– Pediment of the commercial court in Paris.
This Monday, September 23, the trial of the Société française d’assurance mobile (SFAM) opens before the Paris Criminal Court. The SFAM, now liquidated, as well as its CEO Sadri Fegaier and other companies of the Indexia group appear for deceptive commercial practices. The trial will last until October 2.
The broker Sfam, which specialises in covering tablets, telephones and computers, owed 11.76 million euros to Urssaf Rhône-Alpes, but was unable to provide proof of its solvency. “A dry liquidation for a company of this size is rare. But Sfam has been in a state of cessation of payments since June 2023, without the company having notified anyone”lamented in May Maître Emma Leoty, lawyer for around 600 individual victims.
Customers compensated last
Because this insurer is accused of having illegally quadrupled the amount of withdrawals from the accounts of thousands of customers. All without even warning them. Over the years, the damage suffered by individuals is generally between 6,000 and 8,000 euros, but the loss can exceed several tens of thousands of euros for some. Problem: they may not see their money again soon.
Customers are in fact so-called unsecured creditors. In the event of compulsory liquidation, they are therefore compensated last, after the State (including Urssaf and the General Directorate of Public Finances), employees and suppliers. However, the chances of there being enough money left when their turn comes are slim. “Victims are left behind”regrets Me Leoty.
Cell phone insurance: be wary of the guarantees offered by your operator
Another glimmer of hope
The injured individuals can still have hope, since the lawyer plans to recover part of the money in the pockets of Sadri Fegaier, the president of Sfam, for a “fault separate from his functions”In other words, the liquidator, who has two years to take stock of the company’s assets and liabilities, can decide to extend the liquidation to his personal assets.
In the longer term still – “years”, According to Mr. Leoty, several legal actions can lead to compensation. In particular, engaging the liability of Sfam’s partners. First, the company QBE, the insurer that provides Sfam’s professional civil liability, as well as MMA and Axeria, which insured the broker’s contracts. And of course, Fnac, which distributed Sfam’s product to the general public. “This strategy is however dependent on proof of their responsibility,” recalls the lawyer.
Receive our latest news
Every week, the key articles to accompany your personal finance.