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SAN_MARINO

San Marino. Black king: final sentence for the former president of Asset, Ercolani. Antonio Fabbri

Sugar Mizzy December 12, 2021

The accusation of transnational money laundering stood before the Supreme Court. Partially annulled the sentence against the former director Tabarrini

I said: “I will advise my client to appear but I will take the case to the ECHR”

ANTONIO FABBRI – Evidently the system of the first degree sentence on the King Nero case has also withstood the scrutiny of the Supreme Court, at least for the main accused. In fact, the sentence against the former president of was confirmed last Friday before the supreme court Asset Bank, Stefano Ercolani. A sentence of 6 years, 5 months and 10 days of imprisonment and a fine of 5,066 euros, a sentence which therefore becomes definitive for the crime of transnational money laundering and for the violations linked to the abusive exercise of the activity of collecting savings.

The Second Criminal Section of Piazza Cavour instead partially annulled with restitution to the Court of Appeal of Bologna, the sentence against Barbara Tabarrini, former Director of Asset Banca to which the same accuse of the president were challenged. An annulment against him concerning “Chapter n”, or the one relating to money laundering. At that time, therefore, the discussion for that head relating to the former director who on appeal had seen the sentence against him reduced to 5 years and a fine of 3,600 euros is now reopened. The former leaders of Resource they were defended before the Supreme Court by lawyers Alessandro Diddi And Luca Sirotti.

The reading of the device in the late evening of Friday by the Court of Cassation, apart from the confirmation for Ercolani, saw other cancellations with referral to another section of the Court of Appeal of Bologna. Among these that of Corrado Albini, former director of Resource who in the first instance had been sentenced to 6 years and 4 months of imprisonment. On appeal the defense had been hired by the lawyer Moreno Maresi and sentenced her to 2 years and 4 months, while in the Supreme Court it was annulled with postponement.

Cancellation with refund also for Valerio Abbondanza, founding partner of Bank of credit and savings of Romagna and also a partner of Resource.

The story is also on appeal for the employees of Resource Alessandro Cervesato And Daniele Santarossa (who had seen in second instance sentences of one year and four months and a fine of 5600 euros and a year and six months and a fine of 5800 euros respectively) whose positions then be re-discussed and reviewed on appeal.

On the other hand, given the rejection by the Court, the appeal sentence to 2 years of imprisonment and a 6,400 euro fine for Cristian Cicchetti. This was the employee who had withdrawn money in Italy and then deposited it in Resource and he had been stalked and stopped, on October 30, 2007, by the mobile squad that was investigating the case Black King.

Given the confirmation of the conviction for Ercolani, it therefore seems to have withstood the aggravating circumstance of the transnational nature of money laundering, the knot around which the possible prescription of the crime also revolved if the aggravation had lapsed. However, it will be necessary to wait for the reasons for obtaining a complete picture of the Court’s decisions, both in relation to the charge of money laundering, the system of which has withstood the three judgments, and in relation to the other profiles of abusive exercise of the savings collection activity.

To weigh on the confirmation of the accusatory system and the sentence, were the episodes of abusive credit collection and above all the transnational money laundering ascertained in the so-called “pears” affair. So called money in eavesdropping conversations. It is a case of money laundering of 200,000 euros of the legal representative of the Tubozeta Srl, Gianfranco Cappelli, believed to be the result of tax crimes and embezzlement. That money was collected and brought in Asset Bank from Tristano Zannelli, former partner of Bcrr he is a member of Board of Directors of that credit institution. At the time, Zannelli negotiated a two-year prison sentence. And it is he who defines “pears”The money paid to the Monte, in the episode of Cappelli. It can be read in the translation of an intercept[1]tion: “Tristano Zanelli: Listen instead to the Monte… di, di, di, di… pears how many have you brought up until now? (…) Gianfranco Cappelli: Mmh… two hundred!“The sentence for Ercolani, at this point, is final. For him, therefore, given the size of the sentence, imprisonment in Italy is expected. Alessandro Diddi, his lawyer, said in San Marino Rtv: “I will advise my client to appear but I will take the case to the ECHR“. For the others, however, the game is still open with the postponement on appeal.

There is no doubt, however, that the story of the Black King, as well as when it started, will have political repercussions even now that the prosecution has been definitively confirmed, even if in the course of the three degrees of trial the con[1]testation has been scaled down from the initial accusatory views.

It also remains to be understood, and will be seen in the reasons, what was the decision regarding the liability of the legal entities, the banks, in short, involved in the affair because they are considered by the reconstructions of the prosecution to be the means by which the disputed crimes can be brought into being. of money laundering, in fact, and the illegal collection of savings.

Article taken from The information of San Marino, published in full after 8 pm

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