Solar panel scam claims over 1,000 victims: Agde manager sentenced to two years in prison

L'affaire a été jugée le 9 septembre devant le tribunal de Béziers. Le gérant à 10 jours pour faire appel du jugement. J.-P A. – Midi Libre

The former manager of the NSCom company that sold solar panels was sentenced to two years in prison, six months of which were suspended for two years. He had more than 1,000 victims in France and abroad.

A entrepreneur from Agde who also had a storefront in Béziers founded the NSCom company a few years ago, then a website Solaire. Shop on which he sold renewable energy solutions. He was sentenced before the Béziers court on Monday, September 9, to two years in prison, six months of which were suspended for two years.

Deceptive commercial practices

He was found guilty of the offences of deceptive commercial practice, breach of trust and misuse of corporate assets. The representative of the public prosecutor had requested one year in prison and the placement of an electronic tag. As an additional penalty, the defendant will have to pay a fine of 20,000 euros, compensate the victims (around 1,000 in France and abroad, Editor's note), pay all of his tax debts, three buildings located in Béziers and Agde were seized as well as his bank accounts. He is not allowed to manage a business for five years and will have to advertise his conviction for two months as a precautionary measure. That is, even if he appeals his conviction.

According to Me Guilhabert: “He had an orchard, he cut off the irrigation”

The client of Me Éric Guilhabert does not recognize the facts, he will plead for acquittal. “My client disputes the facts he is accused of. When the sale was made, the last owner knew he had the means to work. As soon as his bank loans were refused, he filed a complaint against the creator of the company. This is taking the piss. He had stock. He was sold an orchard with irrigation and he closed the telephone. In this case, even Mr. Galy is not capable of coming before you with a well-prepared file. He prefers to settle all this before the civil court. There are many inconsistencies in this case. People are absent. And then there are these customers who confuse after-sales service and order, others who take on prosecutors and finally, we will have to take into account the physical threats he had to face. All this lacks clarity. I plead for acquittal."

More than 800 victims in France

Since the end of 2018, the NSCom company had stopped paying its suppliers and was unable to deliver to its customers. However, the entrepreneur continued to place orders online while collecting the amount of the orders. In a few months, the amount of the damages had risen to €800,000. On April 4, 2019, an NSCom employee reported the scam to the services of the departmental directorate for the protection of populations. She then allegedly spoke of debts for deliveries not made and customers never reimbursed. There were already 843 orders, for an amount of €417,000, which had not been fulfilled. The police officers of the judicial police in Montpellier took charge of the case. The company was sold on April 9 to a friend of the manager. He will never be able to honor the debts incurred, will file for bankruptcy and will end up committing suicide a few months later. Nothing will prove that there is a link with the buyout, but doubt is in the minds of many victims. We will learn during the trial that the new owner will have tried, in vain, to have the sale of NSCom canceled by the courts.

Prosecuted alone before the courts

The creator of the company, defended by Me Éric Guilhabert is being prosecuted alone and must answer for all the facts before the courts. Even if he no longer manages NSCom, he has invested in other businesses that seem to be thriving. He is currently an employee and shareholder of a restaurant in Agde. During the investigation it will be shown that he made personal investments with his clients' money, therefore his company's. Which is prohibited. He still has many dormant companies, some of which are abroad.