(This is from Wine Spectator's web site)
Judges Issue Verdict in Burgundy Fraud Case
Chanson's former managers were found guilty, but current chairman
Etienne Bizot was acquitted
By Per-Henrik Mansson
Posted: Friday, December 10, 2004
A French court has acquitted Etienne Bizot, scion of the family that
owns Bollinger Champagne, from any wrongdoing in the case of the
scandal-ridden Burgundy house Chanson Père & Fils, which Bollinger's
parent company bought from the Marion family in 1999. But former
Chanson executives François and Philippe Marion each received a
one-year suspended prison sentence and were fined 40,000 euros.
At the trial in Dijon on Oct. 13, the Marion brothers pled guilty to
charges that, between 1998 and 2000, they illegally blended Burgundies
with wine from other appellations, which is a crime under France's
strict Appellation d'Origine Contrôlée laws. Chanson's cellar master,
Marc Cugney, was sentenced to an eight-month suspended prison term, but
was not fined. He had explained in court how his bosses had asked him to
make the illegal wines, and how he complied without denouncing them or
resigning.
Bizot, who was charged with knowingly selling the Marions' fraudulent
wines after taking over management of Chanson, adamantly proclaimed his
innocence during the trial, breaking down in tears after his integrity
was questioned. After the verdict was read in court on Dec. 8, Bizot
celebrated with a 1996 Bollinger Champagne Grande Année. "Justice has
been made, but it has been a difficult time," said Bizot, 42, Chanson's
nonexecutive chairman.
The verdict was supposed to be announced on Nov. 17, but the court
delayed it until this week. A Burgundy trade organization, the Bureau
Interprofessionnel des Vins de Bourgogne (BIVB), had asked for a
postponement so that the fraud case, which is viewed as one of the
worst in Bugundy's history, wouldn't be a source of negative publicity
before the region's annual Hospices de Beaune auction. That event,
which was held on Nov. 21, attracts French and international media.
The Marion brothers had supervised Chanson's winemaking for 34 years.
For many vintages, starting in 1966, they said, they ignored French
laws by blending wine types and appellations, which they argued
improved quality.
The Marions' lawyer, Olivier Morice, argued in court that these
practices, which included adding Alicante from southern France to
deepen the color of the reds sold as "Burgundies," were in line with
the winemaking techniques used at other Burgundy shippers. He asked the
three judges to show clemency toward his septuagenarian clients.
The prosecution had asked for the Marions to be sentenced to one year in
jail and fined 30,000 euros each. Given that the maximum fine for
similar crimes is 37,000 euros, the court made clear its displeasure
with the brothers by imposing a heavier penalty. There was never any
doubt that the men would escape spending time in prison, given their
ages and the white-collar nature of their crime, lawyers said.
The Marions left the Beaune-based winery in 2000, when Société Jacques
Bollinger and its representative, Bizot, took full charge. Bizot set
out to improve the wines at Chanson, which is a négociant firm but also
owns vineyards in several of Beaune's premiers crus. Since the 2001
vintage, Chanson has dramatically improved the quality of its wines.
Bizot said he learned of the Marions' deceptive winemaking techniques in
late 2000, and a couple of months later he denounced the brothers to
police in Dijon and authorities in Paris and Beaune. A police
investigation found that Chanson's cellar contained more than 700,000
bottles of illegal "Burgundies."
However, Bizot became a target of the investigation as well. He was a
director on Chanson's board, and then its CEO, in 1999 and 2000. Bizot
told investigators that he was unaware that, during that time, Chanson
had been selling some fraudulent wines to unsuspecting buyers. The
Marions accused Bizot and Bollinger of hypocrisy, charging that the
Champenois knew perfectly well what was going on at Chanson and in
Burgundy in general. Eventually, prosecutors brought charges against
Bizot this past summer.
Although the full text of the reasoning behind their judgment has not
yet been made public, the judges apparently believed Bizot more than
the Dijon prosecutor, Jean-Claude Dumarets.
"This was a painful period for Etienne, but he is innocent, that much is
clear with this decision," said one of his lawyers, Gilles Boisséson.
"Bollinger's actions were perfectly transparent."