The man in question is highly active and registered with the Crossroads Bank for Enterprises (BCE). Sarah, one of the contractor’s victims, finds it frustrating that he is still able to operate. To sue for fraud, evidence of fraudulent activity must be proven. To gain insight into these fraudulent techniques, Daniel Marlière, the first deputy of the King’s Prosecutor of the Public Prosecutor’s Office of Charleroi, specializes in economic and financial matters. He confirms that proof of fraudulent activity must be provided before prosecution can take place. Simply suspecting fraudulent activity is not enough to take legal action. It’s essential for victims to file a complaint and keep all relevant documents to assist in the investigation. Additionally, it’s important to check if similar complaints have been made in other districts.
The man is therefore always active. We suspected as much since it is always registered with the Crossroads Bank for Enterprises (BCE). “I find it quite maddening to think that this gentleman can still be tough at the present time”, reacts Sarah, one of the people injured by the contractor.
… to sue on the count of fraud, I must prove the fraudulent maneuvers
It is therefore with this question in mind that we set out to meet Daniel Marlière. Working in the economic and financial section, the first deputy of the King’s Prosecutor of the Public Prosecutor’s Office of Charleroi is well aware of the fraudulent techniques used by certain entrepreneurs. Without judging this specific case, because he does not know the elements and the presumption of innocence remains applicable, he confirms that “to prosecute on the count of fraud, I have to prove the fraudulent maneuvers […] It is possible that someone is working badly and therefore it will rather be the civil or commercial courts. If we can prove that there is fraudulent maneuver, then it is our competence “
Suspicion is not enough.
But how do you prove that an entrepreneur acted intentionally? “By facts”, supports the substitute.” Suspicion is not enough. We need elements to be able to arrest him, go before the investigating judge and possibly deprive him of his freedom. I have to collect the proofs of what I say. “
The more recurrent a situation is, the more it is possible to demonstrate the modus operandi. “We will also check all the documents […] The victims, it is important that they file a complaint. If I don’t know, I can’t do anything. And then it is also important to keep all the documents: invoices, quotes, e-mails, messages, exchanges with the contractor “, continues Daniel Marlière. If an entrepreneur has committed similar acts in other judicial districts, it is also necessary to take the time to check whether complaints have been filed.
In conclusion, proving fraudulent maneuvers is not an easy task and suspicion alone is not enough. It is important for victims to file a complaint and keep all relevant documents to help build a case once morest the perpetrator. Recurrent situations and similar complaints in other districts can also help demonstrate a modus operandi. Only with concrete evidence can the justice system take action once morest fraudulent entrepreneurs and protect consumers from harm.
