Five judges are set to hear a case in spring 2026 in Paris against 30 individuals accused of distributing encrypted mobile phones used by organized crime. The proceedings will take place in a special criminal court.
Last week, French appeal court judges turned down a request by Thomas Herdman, a 64-year-old Canadian businessman detained for 42 months in France, to expedite his case in a lower court. Herdman is currently the only person arrested in connection with the distribution of encrypted phones provided by the now-defunct Canadian company Sky Global. He is expected to be the sole defendant present at the hearing.
Belgian and Dutch authorities had cracked the encryption used by Sky ECC, the largest cryptophone service globally. They intercepted millions of messages between June 2019 and March 2021, leading to mass arrests of suspected drug syndicates in France, Belgium, and the Netherlands. Over 30 people have been indicted, including Jean-Francois Eap, the founder and CEO of Sky Global, who still resides in Canada and manages businesses.
Herdman was arrested by Spanish police in June 2021 and extradited to France, despite having agreed to cooperate with U.S. law enforcement in an investigation of Sky Global. He faces 22 charges in France, including money laundering linked to drug trafficking and allegedly failing to declare the supply of cryptographic equipment. Herdman denies all allegations. A grand jury in California initially indicted him and Eap in March 2021 for racketeering and facilitating drug importation via the sale of encrypted devices.
During a hearing on December 12, Herdman’s lawyers argued there’s no clear evidence connecting him to criminal activities. They pointed out that he served as a business development director for LevUp, a small distributor of Sky ECC phones, claiming it held just 4% of the market.
The investigation showed that Herdman had only 113 clients, with none in France, and just one potentially involved in illegal activities. His legal team criticized the prolonged nature of his detention, arguing it violates French justice norms, particularly since judges plan to defer his case until the larger investigation concludes. If that happens, he would have spent nearly five years in jail before facing trial.
Herdman’s current living conditions in Fleury-Mérogis prison are dire, as he described cold, moldy walls and a lack of hot water. He has been barred from working and participating in social activities.
His lawyers requested his release on bail with an electronic tag, emphasizing his limited role in the alleged operation and the long wait for trial. They noted that his family offered €250,000 in bail, assuring he would stay in a controlled environment.
Herdman’s legal troubles have been compounded by various international requests for investigations of him and Sky Global, all of which have been rejected by Canadian authorities due to insufficient evidence.
A prosecutor opposing the bail claimed Herdman poses a flight risk, citing his Canadian nationality. She referenced his assets in bitcoin, noting its potential value could facilitate an escape. Furthermore, she mentioned that other indicted individuals may attempt to deter him from attending the trial.
Herdman’s defense asserted he lacks the technical capacity to restart any phone distribution business and has had no contact with co-defendants since 2021. He expressed his commitment to face the charges, arguing he would not engage in criminal activity given his father’s background as a police chief in Vancouver.
After the hearing, the judge acknowledged his request for release but ultimately denied it. Herdman’s lawyer criticized the court’s actions, suggesting that they reflect a broader denial within the French justice system regarding the unprecedented interception of personal data involved in the case.