Watch counterfeiting – The defence’s pleading (Part 10)

The trial is drawing to a close. And as is customary, the last word goes to the defence. The defendants’ lawyers take the stand one after another, but, let us remember, one of them is defending himself alone. Or rather, before the trial, he had dismissed his two lawyers. This is Julien V. He had informed the Court, at his appearance, of his wish to remain silent and his refusal to be defended. Moreover, he is absent from this hearing of 19 March, having claimed toothache and preferring to remain in his cell.

In this tenth instalment on the Paris trial for luxury watch counterfeiting, we bring you the pleading of Florian R.’s sole lawyer, Florian R. being prosecuted for his actions within La Geneverie, his « crime corner shop » (selling police file lookups, forged papers, and counterfeit watches). Maître Marie Violleau represents Florian R., and here are some selected extracts from her pleading.

« 3 million from Customs (DGDDI), 6 million from the civil parties, and €150,000 from the public prosecution (Parquet). That is what is being sought against Florian R. This case is unbearable, and the hearings have been gruelling. What is that worth in terms of sentence? At the Court we are used to delinquents, to fraudsters, but him there (pointing to her client, Ed.), I am unable to say what sentence to expect at the start of the trial. We have 5 Police file lookups, 300 watches, 21 occasions on which he acted as intermediary between the person forging papers and the person wanting them. If we follow the Parquet’s requisitions, Julien V. walks free tomorrow. What has he done that is less serious than Florian R.? Is Florian R. dangerous? »

« Regarding the Organised Gang charge, this whole ‘solar system’ story (cf. the Parquet’s requisitions, Ed.) doesn’t hold up for a second. The public prosecution’s requisitions are sound up to the sentencing quantum. But Mr Florian R. is impossible to coach. He worked out for himself that he was talking nonsense, and that’s a good thing. He lied, but he understood. And when he provides the information about the hidden money, he demonstrates his honesty. Those who bought from his site are not the same people who can afford real Rolex, Audemars Piguet, or Richard Mille watches. With it being impossible to buy luxury watches because of their endless waiting lists, these brands actually encourage counterfeiting. It’s almost free advertising for them! But all these brands are doing just fine. Mr Florian R. has caused them no harm. And Julien V. was honest when he said that Florian R. was merely a reseller. They don’t know each other, so there is no Organised Gang! »

« The Organised Gang charge could have been pinned on Julien V. if the factories in China had been investigated. There was even talk of child labour… But that doesn’t hold up for a second, given this photograph of a young girl wearing a yellow Princess dress. She is not on her knees, slaving away like some poor exploited child. We must also set aside Customs’ slogans, which don’t mean anything. In fact, you are free to decide whatever you wish (addressing the Court, Ed.). Of the 14 offences, if you remove the Organised Gang charge, only 3 remain. You are not the arbiter of intellectual property. And this is nothing more than a trademark infringement. »

« As for the forged papers, the question is what purpose Florian R. actually served. I would have liked a more thorough investigation. The forger did not need Florian R. Out of 5,000 forged papers produced, only 21 are attributed to Florian R. La Genèverie has 1,350 subscribers on Telegram, and he ran it alone. In fact, he is a mere footnote in this case. Investigations must therefore continue, and the focus must shift away from someone this insignificant. Regarding the 5 lookups of the Wanted Persons File (FPR, Ed.), did he help anyone go on the run? Did he obstruct any investigations? No, I don’t believe so! The big-time crooks don’t go through Florian R. »

« In truth, this is not a major case. It’s a tiresome case, like a stone in a shoe. And it must be acknowledged that prison and the court appearance have had an effect. Florian R.’s day-to-day life is that of a man with no friends, other than the ones he meets online. He has been shunted around since childhood. But he is not dangerous. The security period is not meant for him. How can that be sought against him and not against Julien V.? There has been no unjust enrichment. The money he earned has been seized. He claimed to have accounts in Morocco, but that isn’t true. He believed all of this was a game. »

« On his release he wants to work in his father-in-law’s company, then he wants to work with watches. In his room, he used his press to check whether the watches were water-resistant. He had his little tools and components to practise watchmaking. He loves it, it’s his passion! He has made efforts in detention, he has made efforts before this Court, and so I ask that the requisitions be revised downward and that the fine amounts not be followed. »

After this pleading by Maître Marie Violleau, which was the last of the trial, all the defendants were called to the stand one after another to make a final statement. From the dock, owing to his being held in custody, Florian R. declared: « I am sincerely sorry, and I wish to be released from detention as soon as possible. »

The verdict has been reserved for deliberation and will be the subject of a final article on Passion Horlogère.

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