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Court Overturns Luxleaks Whistleblower's Sentence

Thursday, January 11, 2018

Luxembourg's highest court has overturned the conviction of Luxleaks whistleblower Antoine Deltour, although he is set to face a retrial.

Deltour, a former employee of PwC, was originally given a one-year suspended jail sentence and a EUR1,500 (USD1,800) fine by a lower court for his part in exposing thousands of confidential documents which purported to show how multinational companies avoided tax through their Luxembourg tax arrangements.

Deltour's suspended sentence was halved on appeal in March 2017, while fellow whistleblower Raphael Halet, also a French national, had his suspended sentence lifted, although both convictions were allowed to stand by the appeal court.

However, in a ruling issued on January 11 by the Luxembourg Court of Cassation, Deltour's conviction was quashed, with the court saying that the lower courts should have recognized his status as a whistleblower, as defined by the European Court of Human Rights.

Nevertheless, the court upheld Halet's conviction and ordered him to pay his EUR1,000 fine.

The Court of Cassation also ordered a retrial in Deltour's case, which related to documents obtained from PwC which were not exposed in the Luxleaks affair.