Il dénonçait les fraudeurs aux allocations, le député a trois comptes suisses



Comme député, Dominique Tian dénonçait les fraudeurs aux allocations, mais cachait trois comptes en Suisse. Vendredi, à son procès pour blanchiment de fraude fiscale, le procureur a requis un an de prison avec sursis, 300 000 euros d’amende et cinq ans d’inéligibilité.

C’est le moment le plus gênant de son procès et Dominique Tian n’a pas l’air de réaliser. Devant le tribunal correctionnel de Paris, vendredi 1er décembre, cet ancien député (LR), jugé pour blanchiment de fraude fiscale et fausse déclaration de patrimoine, ne peut s’empêcher de vanter ses années de combat politique contre les tricheurs aux allocs, les « faux chômeurs » et les prétendus « parents isolés », contre la « fraude sociale » en clair, cette plaie nationale si coûteuse pour les finances publiques, qu’il a dénoncée dans un rapport parlementaire au vitriol.
« C’est trop facile, s’indigne encore ce chef d’entreprise devant ses juges. Un gars m’a dit un jour qu’il ne faisait plus de hold-up tellement c’est facile de voler les services sociaux. »En fait, on ne l’arrête plus. À la barre, Dominique Tian, qui a détenu plus de 2,5 millions d’euros en Suisse dans trois banques distinctes (Pictet, Lombard Odier et UBS), évoque le marché noir des « kits Assédic », les « cinq millions de cartes Vitale en trop »,  cette « fraude organisée de façon mafieuse », avec ses « filières ». La présidente du tribunal s’étonne :– « N’y a-t-il pas une forme de schizophrénie à fustiger les fraudeurs au RSA et en même temps à expliquer que c’est tout à fait normal d’avoir attendu quinze ans pour régulariser votre situation fiscale ? », demande Bénédicte de Perthuis.

– « J’étais dans le raisonnement qu’un jour je déclarerais les choses », assure le premier adjoint au maire de Marseille, qui a hérité les fonds en question de son père en 1996, et ne les a déclarés qu’en 2014. Je n’ai jamais détourné un franc d’argent public ! »

– « Ne pas payer ses impôts, ça n’est pas une manière de détourner de l’argent ? » relance la présidente.
– « Ça n’était pas malin, sûrement, de m’occuper de la fraude sociale…, se reproche Dominique Tian. Mais je suis irréprochable comme élu, j’étais exemplaire. »
Même son avocat, pourtant, reconnaît « une faute morale ». La question est cependant de savoir si Dominique Tian, qui se présente comme un « repenti » fiscal, mérite aussi une condamnation pénale. Vendredi, le procureur a précisément requis un an de prison avec sursis et 300 000 euros d’amende, assortis d’une peine d’inéligibilité de cinq ans, s’agissant d’un élu au CV bien rempli (premier adjoint au maire de Marseille et parlementaire jusqu’en juin dernier), qui fut aussi chargé, dans l’équipe de campagne de François Fillon, du « financement de la protection sociale ». En fait, pendant quinze ans, c’est surtout son patrimoine que Dominique Tian a protégé du fisc, usant de stratégies qu’il s’était gardé jusque-là d’évoquer dans la presse, préférant les « demi-vérités » (pour reprendre le mot du procureur) aux détails encombrants. Qu’en est-il exactement ?

D’abord, il est incontesté que l’élu marseillais a hérité du problème de son père, décédé en 1996 sans avoir dit un mot de ses comptes-titres à ses fils. Incontesté aussi que Dominique Tian a régularisé sa part en 2014 « spontanément », à l’occasion de la « circulaire Cazeneuve » qui promettait des pénalités atténuées aux évadés fiscaux qui rentraient. À l’issue d’une transaction, le chef d’entreprise a ainsi réglé ses impôts (revenus et ISF) pour les années non prescrites (2006 à 2013), majorés de 40 %, ainsi qu’une amende spécifique à la détention de comptes étrangers. En tout : quelque 650 000 euros. « Les faits dont vous êtes saisis, c’est lui qui les a mis sur la table, tonne son avocat, Me Thierry Marembert. Il a tout livré lui-même ! »

 « L’accord implicite » avec Bercy était limpide, insiste son avocat : « Vous régularisez, on vous sanctionne, et le fisc n’ira pas au pénal. » En France, en effet, seul le ministère des finances publiques peut déclencher des poursuites pour « fraude fiscale », mais pas les procureurs, empêchés en la matière de s’autosaisir – c’est le fameux « verrou de Bercy » que le parlement a encore refusé de faire sauter en juillet dernier au nom de sa rentabilité économique.
Me Thierry Marembert reproche donc au parquet de Paris de « contourner » la décision du fisc en poursuivant plutôt son client pour « blanchiment » de fraude fiscale (défini comme « le fait d’apporter son concours à une opération (…) de dissimulation du produit direct ou indirect » d’une fraude fiscale). Quel serait donc le délit originel ? Le non-paiement des droits de succession sur l’héritage suisse, entre autres.



Mais Dominique Tian veut convaincre qu’il n’a rien entrepris pour dissimuler, plaide la bonne foi et la passivité : « Je n’ai jamais mis un euro en Suisse », jamais retiré un billet non plus. À vrai dire, ces fonds seraient « un sujet d’embêtement » pour lui depuis le premier jour – non pas celui de la mort de son père, mais un ou deux ans après. Car les banques auraient mis des mois à les contacter, lui et ses frères. « Ils nous ont retrouvés à Marseille, se souvient Dominique Tian. Un jour, quelqu’un m’a demandé un rendez-vous en disant qu’il connaissait bien Marius Tian… La situation a été très compliquée à gérer ensuite. » À ce moment-là, la fratrie se déchirait déjà sur la succession, l’entreprise léguée par le père se révélait au plus mal, des discussions avec le fisc devaient permettre d’obtenir « un rescrit » pour la société, et de la sauver. « La priorité, c’était la préservation de l’emploi, plaide Dominique Tian. On n’allait pas rajouter un problème. »
– « Je ne vois pas ce qu’il y a de compliqué [à déclarer ses comptes] ? », balaye le procureur.

– « Ça aurait été la bonne décision, probablement, consent Dominique Tian. Sauf que cette décision était très formellement déconseillée par les banques suisses. Et il n’y avait pas encore de cadre [la circulaire Cazeneuve de 2013]… »

– « C’est votre déclaration d’impôt, le cadre », réplique la présidente.

Au passage, le tribunal s’arrête sur quelques épisodes éclairants. D’abord, Dominique Tian ne s’est pas contenté de récupérer les comptes de son père : en 2005, il a aussi transféré la propriété de ses titres à des sociétés offshore au Panama et au Liechtenstein, pour mieux les dissimuler au fisc. « C’est lié à une directive européenne qui faisait qu’à partir de 2005, la Suisse serait obligée de révéler les intérêts sur les produits d’épargne », pointe la présidente. De même, le procureur doit corriger l’élu sur un autre élément de langage : « Vous dites que vous avez fini par payer tous vos impôts, mais non, glisse Pierre Jeanjean. Vous n’avez jamais payé pour les années antérieures à 2006 ! » Enfin, la « circulaire Cazeneuve » n’était pas le premier dispositif attractif proposé par Bercy aux évadés fiscaux.

– « Dès 2009, il y a eu des possibilités ouvertes par Woerth de régulariser, pointe la présidente. Ça ne vous est pas venu à l’idée ? »

– « J’étais avec Woerth à l’Assemblée, argue l’ancien député. Je ne voulais pas qu’on dise que Tian aurait bénéficié de faveurs. Ça m’a gêné. »
C’est donc cinq ans plus tard que Dominique Tian s’est décidé à rapatrier ses fonds, après avoir fourni, en 2012, une énième déclaration de patrimoine mensongère à la Commissionpour la transparence financière de la vie publique (l’ancêtre de la HATVP ), ce qui lui vaut une poursuite pour « fausse déclaration ». « [En 2014] il y a 50 000 autres Français qui ont fait comme moi », conclut Dominique Tian, « avec la bénédiction du gouvernement »« La bénédiction, c’est vous qui le dites », coupe la présidente.Ce quantum de 50 000, d’ailleurs, inspire une réflexion acerbe au procureur : « Pardon pour le prévenu, mais venir dire que la fraude sociale c’est des gens qui sont embarqués par d’autres qui font ça de façon industrielle… Et qu’est-ce qu’on a, là ? 50 000 personnes avec les mêmes noms qui reviennent. Pas chez les clients, hein [mais chez les banques, ndlr]. C’est la même logique. Si elle scandalise d’un côté, elle scandalise de l’autre. Je voudrais voir [votre] révulsion partagée sur la fraude fiscale. »

En défense, Me Thierry Marembert maintient qu’il s’agit d’« un accident de la vie », de « quelque chose d’isolé », de « ponctuel » chez Dominique Tian. Et surtout, l’avocat appelle le tribunal à balayer toute peine d’inéligibilité : « Est-ce que vous devez substituer votre appréciation à celle des électeurs ? » Délibéré le 26 janvier.


Source : Médiapart

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