Former French president to be investigated for 'influence peddling' in a major setback to hopes of return to office in 2017

Former French president Nicolas Sarkozy was put under official investigation for corruption and misuse of influence late on Tuesday after 15 hours in police custody.

Sarkozy was "mis en examen" in a Paris court on allegations that he directly or indirectly used his power in an attempt to find out information about legal proceedings against him.

The respected French financial publication Les Echos described it as a "spectacular measure" that comes as the former leader is planning his political comeback.

Sarkozy's lawyer, Thierry Herzog, and a French magistrate are also now under official investigation. The two accusations carry sentences of up to 10 years in prison.

After questioning Sarkozy on Tuesday at the police headquarters in Nanterre on the outskirts of Paris, the investigating magistrates heading the corruption inquiry decided there was enough evidence to put the former leader under official investigation.

There is no exact equivalent of "mis en examen" or putting under formal investigation in British or US legal systems; the nearest is being charged or arraigned. Only an investigating judge can decide to put a suspect under formal investigation, and only if he or she finds "serious and concordant" suggestions of law-breaking.

As the aftershock spread through French political circles, François Hollande, who unseated Sarkozy as president after just one term in office in 2012, cautioned that the "independence of the justice system" and the "presumption of innocence" must prevail.

A former prime minister from Sarkozy's centre-right UMP party, François Fillon, said it was important "light was shone" on the case as quickly as possible. "Not just for a man who is going through a painful ordeal, but for a country that it sinking into a confidence crisis," Fillon said. "As a former president of the republic, he has the right to respect".

The case was sparked by information that allegedly emerged after detectives tapped Sarkozy's mobile phone as part of a separate investigation into alleged illegal political campaign donations.



Investigators claimed the secretly taped conversations suggested the ex-president and his lawyer Herzog were trying to obtain information from magistrates about the campaign donation case and, most damagingly, had allegedly offered one magistrate a high-powered job in Monaco if he passed on legal secrets.



Sarkozy has always denied any wrongdoing.



"These events only rely on phone taps ... whose legal basis will be strongly contested," said Paul-Albert Iweins, lawyer for Herzog.



Being mis en examen gives the suspect's lawyer access to the documents of the case. After the investigating judge has concluded their inquiry - which can take years - the suspect is either brought before a court for trial or released without charge.



Investigators are also looking at the financing of Sarkozy's unsuccessful 2012 presidential campaign.



Inquiries involving Sarkozy

In addition to the case for which Sarkozy is under official investigation, there have been five other inquiries. He denies wrongdoing in all.

Bettencourt affair: cleared



Sarkozy was accused of having "abused the weakness" of France's richest woman, the billionaire L'Oréal heiress Liliane Bettencourt to obtain illegal contributions to his campaign funds. His diaries were seized by police and remain confiscated and part of the inquiry. He was eventually cleared from the case after having been mis en examen. Other members of his UMP party are expected in court on allegations linked to the case in January 2015.

Libyan affair

Since 2013, judges have been looking into claims that Sarkozy's 2007 presidential campaign was partly funded by donations from the former Libyan dictator Muammar Gaddafi. A former member of the Libyan regime has claimed money was was paid.

Bygmalion affair

The lawyer for a consultancy company called Bygmalion has told investigators there was a double billing system for events organised during Sarkozy's 2012 campaign to hide the fact that it was costing more than allowed under electoral rules. The investigative site Mediapart claims Sarkozy's campaign could have overspent by €17 million. On June, financial judges were appointed to look into the allegations, including those of attempted fraud and taking and receiving.

Tapie affair

While Sarkozy was president, a complicated legal case involving businessman Bernard Tapie was sent by his government to arbitration, that eventually awarded Tapie €403 million. A legal inquiry is underway over whether the arbitration favoured Tapie, a Sarkozy supporter.

Karachi affair

Sarkozy has also been named in the so-called Karachi Affair, in which illegal commissions and kickbacks were paid by France on arms sales to Pakistan allegedly to finance the 1995 election campaign of Edouard Balladur, who lost to Jacques Chirac. Sarkozy was Balladur's budget minister and director of his office.

