Lawyer - Commercial fraud

Allegations of commercial fraud can have major repercussions, both in criminal and economic terms. The stakes are high: fines, professional bans, damage to reputation, etc. Our firm is involved at every stage of these technical cases, which combine criminal business law, consumer law and commercial law.

We advise companies facing inspection or prosecution proceedings, and defend managers, producers, distributors or service providers who are the subject of such proceedings. Our approach combines legal rigour, procedural strategy and a detailed understanding of economic realities, enabling us to provide a defence tailored to the most sensitive situations. Based in Marseille, our firm is also active nationally in this field, where legal expertise goes hand in hand with a perfect command of economic criminal litigation.

Our niche practice means that we work with SMEs as well as larger organisations. It is underpinned by an ongoing monitoring of legal doctrine, training activities and the conviction that the best defence often begins well before the hearing.

Misleading goods or services: an underestimated legal risk

Article L. 441-1 of the French Consumer Code makes it an offence to deceive consumers as to the nature, quality, origin, quantity or fitness for purpose of a product or service. This applies equally to the marketing of food containing hidden additives or a service sold on the basis of broken promises. A mere attempt is sufficient to constitute an offence.

These practices can affect relations between professionals as well as between a trader and a consumer, whenever a dispute is likely to arise over the conformity of the goods or services sold. The damage suffered may be financial, but also in terms of image. A rigorous reading of the Consumer Code is essential here.

Forgery, unsuitable products, prohibited substances: aggravating circumstances

When the facts concern falsified, corrupted or toxic products, the penal qualifications are reinforced. This applies to food products as well as cosmetics, chemical substances and technical devices.

The offence of falsification presupposes fraudulent intent, but it can be applied even in the absence of an actual sale, as long as the goods are intended to be marketed. In such cases, the company may be liable to seizure, precautionary measures or even administrative closure.

The aim of these provisions is to protect the interests of consumers, public health and the environment. The DGCCRF intervenes to put a stop to dangerous practices and impose the necessary penalties.

Who can be sued? Company, manager, intermediary...

Any person involved, directly or indirectly, in the marketing of the product or service concerned may be accused of deception or falsification. Legal entities can be prosecuted, as can their representatives.

The courts frequently hold the manager liable, even when the wrongful act was committed by an employee, as long as a lack of control is demonstrated. Convictions can be handed down on this basis, including in cases of disregard for internal practices (such as repackaging or mixing non-compliant batches).

DGCCRF investigations and control measures: anticipating and reacting

A simple notification of an inspection can have far-reaching consequences. DGCCRF officials have extensive powers, including the right to visit companies, seize documents, take samples, consign products and call in experts. These operations are strictly regulated, but any deviation from the rules can compromise the outcome of the case.

A simple report or complaint to a fraud control department may be enough to trigger an inspection. These mechanisms are designed to restore public confidence and often justify legal action if rights have been violated.

In the event of non-compliance, the findings may be referred to the public prosecutor or lead to administrative penalties.

Penalties and defence

Penalties for deception or falsification can include heavy fines, suspended or suspended prison sentences, as well as additional measures: posting of the judgment, ban on practising, publication in the press.

For example, an abuse of a commercial position may justify initiating proceedings before the civil or criminal courts, depending on the seriousness of the facts. Our lawyers also prepare appeals against judgments punishing fraud or unfair practices.

There are many ways to defend oneself: demonstrating the absence of fraudulent intent, contesting the materiality of the facts, irregularity of the findings, or negotiating an alternative criminal response (composition pénale, CRPC).

Combating scams and fraud: understanding fraud mechanisms

Alongside offences of deception and falsification, commercial scams and swindles are on the increase, particularly via the internet. From bogus sales platforms to identity theft and false promises of returns, the types of fraud that are commonplace are varied.

The legal framework is often based on the provisions of the Criminal Code, relating to unfair competition and prohibited commercial practices. Our firm identifies the exact nature of the fraud and assists you in taking the appropriate action, whether to defend yourself or to act as a victim.

Our teaching approach and contribution to training

Our firm plays an active role in training lawyers and professionals in consumer law and fraud prevention. We are regular speakers at specialist bodies and universities, including the University of Paris, on key issues such as consumer protection and fraud prevention.

This in-depth knowledge feeds our practices, whether at the support or litigation stage. Our team shares this vision, which is founded on rigour and the dissemination of knowledge.