A "fraudulent system", denounces Anticor. The anti-corruption association has asked for the expansion of investigations in the AGS case, suspecting embezzlement of public assets of at least fifteen billion euros to the detriment of this regime that guarantees wage claims in failing companies, said Wednesday the lawyer of Anticor, Jerome Karsenti.

According to the association, some judicial representatives were able to take advantage of a "lack of control" of the AGS to embezzle funds, it explains in its civil party application sent Tuesday to the Paris court and consulted by AFP.

€15 billion in damage

A judicial investigation is already underway in Paris, after complaints against X filed in 2019 by the Association for the Management of the Employees' Debt Guarantee Scheme (AGS, employers' organization), the Unédic AGS delegation (DUA), the Medef and the Confederation of Small and Medium Enterprises (CPME) for corruption, breach of trust and illegal taking of interests. Anticor wants the investigating judge to also be seized for misappropriation of public property: it estimates at more than 15 billion euros the damage suffered by the AGS between 2009 and 2022.

Created in 1974, AGS acts as a shock absorber. In the event of a company's difficulties (recovery, liquidation, etc.), this scheme, funded by compulsory employer contributions, grants advances to pay the sums due to employees, through judicial representatives. Then the AGS is reimbursed - usually partially - if the recovery plan or the sale of assets in the event of liquidation allows it.

A diversion in several stages

Anticor suspects diversions at different stages of the process. On the one hand, before 2019, judicial representatives could request advance payments without the AGS checking whether the defaulting company really needed them, according to Anticor. Since then, a control has been put in place and many requests refused (for more than 55 million euros in advances since October 2020, according to Anticor). "These requests for unjustified advances, on presentation of false elements (...) characterize the offence of misappropriation of property," Anticor said.

On the other hand, once the requests for advances are approved, the association "is certain that part of the funds, which must be paid to employees, does not reach them," explained to AFP the lawyer of the association, who accuses some agents of having embezzled at least 700 million euros.

Another suspected method: the non-reimbursement of the AGS. Defaulting companies must transfer their available assets to the judicial representatives in order to reimburse the AGS. But Anticor suspects agents of issuing "false certificates of uncollectivity" to keep "in their pocket" the proceeds of the sale of assets. Finally, Anticor denounces the old principle of "labelling". These labels, awarded "to the wet finger", allowed many studies to see their expenses advanced without "real control", according to Mr. Karsenti.

  • Justice
  • Embezzlement
  • Salary