Café Le Napoléon in Nîmes: the former manager of the company is convicted of misuse of company assets by the criminal court

Café Le Napoléon in Nîmes: the former manager of the company is convicted of misuse of company assets by the criminal court

Le Napoléon a fait l’objet d’une magnifique restauration qui avait été inaugurée en juillet 2016. Midi Libre – Archive N.B.

Le prévenu était le gérant du Café Carré. Le tribunal a suivi les réquisitions du représentant du parquet et prononcé une peine de trois de prison avec sursis.

After three years of closure then a magnificent restoration, the Le Napoléon café, located at the top of Boulevard Victor, reopened its doors in July 2016 in Nîmes. Everything then degenerated. The management of this historic café was visibly catastrophic.
Nicolas Bernard, one of the managers who bought and invested, with partners, in Le Napoléon was prosecuted this Friday for misuse of corporate assets for personal purposes between July 2016 and December 2017 .

Café Carré manager

Nicolas Bernard is also the manager of Café Carré, a nearby bar. The defendant, defended by Me Julien Dumas-Lairolle, was absent from court. He had a document provided to the court certifying that he had mental health problems.
The plaintiff, Serge Pozza, was one of Nicolas Bernard's associates. Today, he is a sick man, worn out by this debacle that he did not see coming. It is his daughter, Isabelle, defended by Me Jean-Robert Phung, who took over and has been fighting for years to denounce embezzlement and abuse of corporate assets.

Owner of a printing company in Brittany

Serge Pozza was the owner of a printing house in Brittany for 50 years. He sold his business and joined Nîmes and his daughter based in the Nîmes region. Isabelle and then her father were customers of the Café Carré and became friends with Nicolas Bernard, the manager of this establishment. Seduced by the character, Serge Pozza decided to invest a large part of his assets in the purchase and restoration of the Napoleon.

Café Carré and Napoléon: the communicating vases

Nicolas Bernard manages both the Napoléon and the Café Carré. Invoices are then often paid in cash. Wholesalers are getting impatient and getting paid, on delivery, at the bottom of the truck. IOUs in the name of the Lucas company which will be placed in receivership (for the Café Carré) are paid by the Nass Company which manages the Napoléon. Bank card payments for the Napoléon arrive on the Café Carré account. Drinks and food pass through the Café Carré before reaching the Napoléon.

Nicolas Bernard is facing financial difficulties. Friends give him envelopes of notes to pay the deadlines. He still buys a suit for 3,000 euros; and a Range Rover.
« Six years have passed since the complaint filed by Isabelle, Serge Pozza's daughter, on behalf of the company », notes Me Jean-Robert Phung, his lawyer.

Isabelle: « I’had to deal with this disaster »

« For two years, I had to deal with this catastrophe » , confides Isabelle who was a teacher. « Serge Pozza invested in the Napoléon's business assets and injected 670 000 € through the Poca company. That's a large part of its heritage, specifies Me Phung. For Nicolas Bernard, the Napoleon is a gold mine.&nbsp ;»

According to the prosecutor, Frédéric Kocher, Nicolas Bernard who was also the manager of the SARL Lucas « used his management powers in the name of the Naas company, for personal purposes. » The magistrate requested 3 years in prison with a probationary suspension.

The court followed its requisitions. Nicolas Bernard is sentenced to 3 years in prison and 20,000 euros. fines. The defendant is also banned from managing a business for 10 years and will have to compensate the victims including Serge Pozza and Isabelle.

The café has since been bought and bears the name of « Napo ».

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