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French Trial With Ripples for Europe

January 7, 2003
By JOHN TAGLIABUE






PARIS, Jan. 6 - Nine defendants, including the president of
the Bank of France, Jean-Claude Trichet, went on trial here
today in connection with a decade-old banking scandal that
could jeopardize Mr. Trichet's chances to become the next
president of the European Central Bank.

The session today, before a three-judge criminal court on
�le de la Cit� in the heart of Paris, opened with the
rejection of a plea to postpone the trial to allow fresh
evidence.

The trial will examine whether Mr. Trichet, who was then
the director of the French Treasury, and the other
defendants covered up problems at Cr�dit Lyonnais, one of
France's biggest banks, in the early 1990's when it was
state-controlled. Prosecutors have accused Mr. Trichet of
helping in a fraudulent concealment of the extent of the
bank's losses and the provisions it had to make to cover
them.

The case is particularly intriguing because President
Jacques Chirac of France wants Mr. Trichet to become
president of the European Central Bank after Wim Duisenberg
of the Netherlands steps down. Mr. Duisenberg said last
February that he would resign in July when he turns 68.

But the case is also drawing attention because Mr. Trichet
has been among French officials proposing that France,
which will be the host of this year's meeting of the Group
of 7 leading industrial countries, focus debate on
regulatory changes in the financial markets after scandals
that led to the collapse of big corporations like Enron.

Mr. Trichet, 60, who entered the court through a side
entrance and avoided answering questions from reporters,
made his only comment on the charges two years ago, when he
announced that he was under investigation and said that he
had confidence in the French justice system. He has refused
to say anything about the case since.

The charges he faces carry a maximum jail sentence of five
years and a maximum fine of 375,00 euros ($390,000).

After a recess today, the chief judge, Olivier Perusset,
rejected a plea by Alain G�niteau, the lawyer who filed the
first suit over the collapse of Cr�dit Lyonnais, asking the
court to allow time for additional evidence to be presented
against the defendants. Acceptance of the plea would have
been a setback for Mr. Trichet, whose lawyers hope for an
early acquittal that would clear the way for him to succeed
Mr. Duisenberg.

The trial is the latest in France to feature investigating
magistrates' subjecting leading business executives and
politicians to almost ritual embarrassment. Other principal
defendants in the case include the former chairman of
Cr�dit Lyonnais, Jean-Yves Haberer, 70; Mr. Trichet's
predecessor as president of the Bank of France, Jacques de
Larosiere, 73; and former accountants of the firms Ernst &
Young and Coopers & Lybrand, now PricewaterhouseCoopers.

Cr�dit Lyonnais collapsed under the weight of billions of
dollars in soured financial dealings, including a misguided
investment in the American film studio Metro-Goldwyn-Mayer,
and was bailed out by the French state at enormous expense.
While it was state-controlled, it also got in legal trouble
in the United States, where California officials have
brought two civil suits against it related to its
acquisition of a bond portfolio from Executive Life, a
failed insurer. The Federal Reserve is also investigating
whether Cr�dit Lyonnais violated American reporting
requirements.

The French government has been trying to reach settlements
in those cases, not least to spare Mr. Trichet any more
negative publicity .

In the years leading to the introduction of the euro in
1999, Mr. Chirac pressed other European nations hard to
choose Mr. Trichet as the first president of the European
Central Bank. A long and raucous meeting of European
leaders in the spring of 1998 ended with Mr. Chirac's
agreeing to accept Germany's preferred candidate, Mr.
Duisenberg, with the tacit understanding that he would make
way for Mr. Trichet before the end of his eight-year term.

Felix G. Rohatyn, the investment banker who served as
American ambassador in Paris in the 1990's, said he had
grown to admire Mr. Trichet and described him as very much
a modern central banker.

"He strongly believes in the market system," Mr. Rohatyn
said. "At the same time, he believes in intelligent
regulation."

He credited Mr. Trichet with supporting a strong franc when
French political parties of both left and right favored a
weak currency and with playing an important role in
fostering French acceptance of the euro as the national
currency. "I think he would be a superb central bank
president," Mr. Rohatyn said. He declined to discuss the
criminal trial.

The investigation that led to the trial began in 1996 and
proceeded even after a French parliamentary inquiry had
cleared Mr. Trichet and other government officials of
wrongdoing in the matter. In July, the magistrate who
conducted the investigation, Philippe Courroye, rejected a
recommendation by the public prosecutor's office that the
case be dropped.

The trial is to continue on Tuesday, with the court
expected to hand down a verdict in mid-February.

http://www.nytimes.com/2003/01/07/business/worldbusiness/07TRIC.html?ex=1042904513&ei=1&en=ff4082e4cdb11332



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