A Luxembourg company is set to stand trial in Belgium accused of defrauding the Brussels government out of millions of euros for supplying substandard face masks during the Covid-19 pandemic.

Belgian daily La Dernière Heure reported on Tuesday that the Brussels public prosecutor has requested that 16 defendants be referred to the criminal courts.

These include Avrox, a Luxembourg-based company now in bankruptcy, suspected of having misled the Belgian state over an order for 15 million anti-Covid masks.

An urgent order in the middle of a mask shortage

At the start of the Covid-19 pandemic, the Belgian government pledged to provide a face mask to every citizen and launched an accelerated procurement procedure to do so.

Two companies were selected, with Avrox chosen as the main supplier for an order of 15 million masks, at a total cost of €32 million.

But very quickly, questions were raised regarding the conditions under which the contract was awarded.

Several companies claimed they had been unfairly excluded, prompting the Brussels public prosecutor’s office to open an investigation in June 2020.

Masks deemed potentially dangerous

As if that were not enough, shortly after they were distributed via Belgian pharmacies, Avrox masks were withdrawn as a precaution.

Analyses revealed the possible presence of silver nanoparticles and titanium dioxide, substances suspected of posing a risk if inhaled for prolonged periods, particularly to the respiratory tract.

Belgium’s Federal Agency for Medicines and Health Products (FAMHP) recommended that the masks should no longer be worn, pending further results.

According to the prosecution’s indictment, quoted by La DH, Avrox knowingly submitted false documents to obtain the contract.

The company is accused of having produced false invoices attesting to previous deliveries of more than one million masks, when in fact it had delivered none.

Avrox is also alleged to have presented itself as a supplier to major brands such as Zara, a claim which was proven to be completely false. “Avrox had no turnover in the textile sector and/or in the delivery of masks”, reads the indictment as reported by La DH.

Who are the suspects?

In order to track down the alleged perpetrators, the investigation was quickly extended beyond Belgium’s borders.

In May 2021, searches were carried out in several European countries. Two people were arrested, including Laurent Hericord, a French national living in Luxembourg.

Conditionally released after a month in detention, he was then imprisoned again on suspicion of violating the conditions of his release and committing new forgery offences. At the time, his counsel denied any wrongdoing.

However, in addition to the alleged fraud, the public prosecutor’s office has identified significant suspicious financial flows.

More than €30 million was allegedly transferred between different accounts between 2020 and 2021.

Evidence produced by the prosecution includes alleged false invoices for the purchase of prestige vehicles such as Ferraris, Porsches and Rolls-Royces. These invoices are suspected of having been used to “mislead the authorities”.

It should be noted that, despite the exceptional nature of the award procedure, the Brussels Public Prosecutor’s Office has decided not to pursue charges of obstructing competition and believes that the corruption charges are not substantiated.

Laurent Hericord and Brice Erniquin, the two directors of Avrox. © Photo credit: Guy Jallay

The Brussels Public Prosecutor’s Office has requested that nine individuals, including Laurent Hericord and Brice Erniquin, the two directors of Avrox, be referred to the criminal courts.

The nine individuals charged include five French nationals, a Briton, a Jordanian, a Franco-Brazilian and a Lithuanian.

Seven companies, some of which have been incorporated under Luxembourg law, are also being prosecuted for forgery, fraud and money laundering, to the tune of more than €29 million.

The public prosecutor is additionally seeking the confiscation of nearly €32 million. The presumption of innocence applies to all the accused.

The pre-trial chamber will have to rule before a hearing expected on 27 February.

(This article was originally published by Virgule. Machine translated using AI, with editing and adaptation by John Monaghan)