Chapter IV.01 - Verdict analysis
Reading such verdict, it is spontaneous
to wonder if it follows the common law rules or if it had been planned
according to precise given orders, handed out to have a guilty person and
condemn them.
All
elements match with the second solution, in fact the presence
of various omissions, manipulations, mistakes and forgeries, everything is
proved through documentation. Before examining any point of the matter, an
important statement must be made. In fact a clear mystification of facts is
based on forgery, and in this aspect all Judge Hullin’s deliberate omissions
and mistakes must be added; the relator’s declarations are groundless , some
of them are completely false, in order as follows :
I°
- Judge Hullin’s "forgery" in the international rogatory on 11 June 2001 in
Rome, declared that " Iagher admitted to have given advisory service to
M.Testa." He was disproved thanks to the interrogation on 14 February 2001
D26 and on 16 May 2001 D79, through those it emerged that he: "absolutely
didn’t know him"; and it was confirmed by employees of the Cabinet according
to the Verbal Trials D197, D198, D199 ; and by Mangione and Testa’s
declarations given to lawyer Mascia according to art. 391 bis e ter.
Furthermore during interrogation D79, Judge Hullin asked my lawyers if they
were also Testa’s defence lawyer.
Lawyer
Mascia answered and such insinuation was registered in a particular way .
It was
obvious that manipulation was planned, in fact Judge Labbouz persisted in
writing :
- on
page 16 third paragraph "according to the dossier’s elements it emerges that
Iagher knew Testa" which ones ? There was not any documental proof !
- on
page 17 first paragraph "it was established for sure that there was a
relationship" which one ? certainty given through writing and FALSEHOOD with
total impunity.
- on
page 19 second paragraph "that through various elements there is
conviction"
which ones ? ; the only sure elements were that Tiberti omitted that he
didn’t find any proof about such name in relation to the Cabinet according
to appointments, fiduciary situation etc.. ; further Hullin’s florilegium of
deliberate omissions and his ideological falsehood.
II° - If such relator’s convictions are based on Iotta and Curti’s
declarations in the several Verbal Trials, everything was disproved during
the hearing. Under interrogation, Iotta confuted Curti, her assistant (who
never appeared in the Court as witness) about this acquaintance and/or
introduction, confirming her "presumption", retracting what she had declared
during the Verbal Trial on 16 March 2001 D28, different from what was
written : " She confirmed that Iagher and Testa knew each other ".
It’s
obvious that without any shorthand report, everything was at one’s own
discretion . It was obvious that Iotta wanted to omit her contradictions and
mistakes. From the verbal trial D72 and from the company documentation it
emerged that the banking account had been opened on 30 November 1998 instead
of on 2 December 1998 (it’s sufficient to read the letter and the signatures
receipt, was it maybe a planned mistake ?). It was notified that Mangione
was the only and lawful owner, a card and the receipts of the agreed deal at
cash desk through sums transferred from DAISY’s Ltd account to Mangione’s
accounts, mentioned as follows : Operation DAISY/Mangione, signed by the
employee F. Karine ; this element had been intentionally omitted, during the
verbal trial D72 J. Iotta declared that Mangione didn’t represent any
economic interest for the bank ! Examining the banking documentation in
dollars and euro's, it emerged that on 4 January 1999, he set up a fund at
the amount of $ 510,000, on 13 January he contracted obligations for a value
of $ 118,725.30 and $ 114,035.57, definitely something to think about.
III° - A further essential aspect emerged from Judge P. Richet’s first
investigation, who was at the Court in Monaco, who starter the inquiry and
conferred investigations on Police Inspector A. Van de Corput. From
examination of Verbal Trials it emerged that Van de Corput had pointed out
the precise responsibilities in fraud which took place at the Banca di Roma.
In fact when faced with formal requests on 11 October 2000 to the Credit
Foncier de Monaco, in the answer D19 several mistakes and omissions emerged.
From a proof verification it emerged that on 18 January 1999, the Banca di
Roma informed by phone the Credit Foncier de Monaco about the suffered fraud,
later confirmed through registered letter. On 18 January 1999 the Credit
Foncier de Monaco , even though it knew the criminal fact, deposited cash
for over 50% of the amount. This is according to a magistrate’s declaration,
which was eked out by the French magistrate in the case of the shortcoming’s
of the magistrate in Monaco. The omission of the art.434-1 is evident, which
says : “Anybody who knows of a crime which it is possible to avoid and whose
effects it is possible to restrict..omissis” is penalty punishable, but not
in this case, even though the bank knew the crime, and it was informed by
phone and even through written communication from the Banca di Roma which
had discovered such fraud, and did nothing to restrict or to prevent its
effects, and it was not declared even though the police inspector Van de
Corput asked for it formally.
IV°
- At the main fact about the activity appurtenances of the Cabinet, and
according to laughable investigations, the relator demonstrated that
documentation had never been read, in fact :
- Mr.
A. Clemente, client of the Cabinet introduced by F. Grosoli, who was a clerk
at the H.S.B.C., for whom the YAGO ltd had been founded. He already had his
clients and his accounts at the Banca del Gottardo, and not because he had
been introduced by the Cabinet, as "wrongly " declared by G. Lanza (D1 e
D2).
- G.
Lanza (D209), always "wrongly", confirmed relationship between the Pace
Enterprise Ltd , according to two code accounts, the TICE and RONE ones, in
name of Mr. S. Iavarone and Mr. C. Vortice. From reading the acts it was
clear that they had nothing to do with the Cabinet, as they were handled by
Mr. F. Frappi Poldini and Mr. G. Pastor : Mr. Lanza was not in the same
hurry to give a declaration to SICCFIN, as was declared in the Verbal Trial
D174. But the funniest fact was what Judge Hullin wrote in the Ordonance on
10/09/2001, more precisely that I closed this account 48 hours after my
arrest !
A real false declaration.
- At the Banca del Gottardo it was proved
that I had proxy for 17 companies according to English, Irish law,etc. (D7).
Without any proof such companies were defined "social fictitious objects".
This was the proof that there was not any knowledge about the handling of
foreign companies, their balances and rules. He defined them as a mechanism
used for "recycling"; it was obvious that for Tiberti, handling sporting
professional cycling groups, image rights of famous actors, maritime and
trade companies, estate agencies etc., were not economical activities! Even
the company name was not reported exactly ,as emerged reading the act , if
only showed names of unknown entrepreneurs , omitting the names of the "known"
ones
! I was very clear that he had not read documentation which was in the
Cabinet, there were no omissions and everything was declared !
He
didn’t know the meaning of fiscal planning.
According to what until now declared, it
clearly emerges that everything was planned, it’s enough to consider the
great mistakes, which prove that documentation hasn’t been read and
examined, and that truth has been deeply distorted, and all declarations
provoked irresolution, as follows :
- Page.5.3 Deposits at the Banca del
Gottardo, had always been justified in their origin and activity.
Administrative and contractual documentation was available in the files, and
the obvious manipulation of truth documentation is evident in Tiberti’s
Verbal Trials, which clearly show the bad intention to mystify and he
emerged ignorant in the matter.
- Page.7.2 The deposited sums at the Banca
del Gottardo, which were handed by R. Mangione; as to the amount of $
1,600,000, to justify its origin, the withdrawal receipts from the Credit
Foncier de Monaco and from the Compagnie Monegasque de Banque, were
presented.
About
the last one there was total omission in the investigation and trial. From
the above-mentioned receipts, it emerged that Mangione was the owner of the
account and that there wasn’t any relationship with Testa, that he was a
total stranger.
-
Page.8.2 There weren’t any explicit questions to Iotta to show a cash
withdrawal, but on the contrary to avoid the credit transfer charges.
-
Page.10.4 He mentioned Hullin’s International Rogatory in Rome, D269 and
D270, consisting of 24 pages (we discovered later that they were over 1,400
pages!).
-
Page.10.5 He mentioned that inquiry had been carried out in a particular way,
and this simply shows deep bad-faith.
-
Page.11.1 "to know that a company in Monaco was on reserve" ; it happened
even through DAISY’s documentation it emerged that it was under Isle of Man
law system, that it was founded on 6 January 1998, that Mangione was the
owner, and so it was not a company founded in Monaco on 6 December 1998; it
was a very evident mistake.
-
Page.11.2 "And not the Egyptian Embassy as Pedretti wrongly declared" ; it
was evident that rogatory hadn’t been read or according to her
interpretation, she had declared to have made a transfer to the Egyptian
Embassy. This is the result of police reports n. 292223/99 R.G. PM and n.
20668/99, and she had not done it by mistake.
- Page.12.5 Documents hadn’t been read
again, and the W.M.O., the United Nations Organization and client of the
Banco di Roma, were defined as false companies !
- Pages.14.1,2 and 3 Some "bordereaux di
cassa" which were regularly signed as Mangione ordered , were defined
"wrongly named" and no plausible explanation was given .
-
Page.14.4 From banking documentation it emerged that the account was opened
on 30 November and not on 2 December 1998.
-
Page.14.6 Sums came from the Credit Foncier de Monaco and from the Compagnie
Monégasque de Banque, as proved through Mangione’s cash withdrawal receipts.
-
Page.15.1 To have proxy on an account allows one to have money at disposal
when there is a real owner !
-
Pages.15.5 and 6 Even though it was many times repeated that Verbal Trials
didn’t correspond to the declarations, he carried on in his way.
- Pages.16.2 and 3 The will not to admit
the truth was evident, and the will to demonstrate to know Testa, which was
disproved even with concrete proof.
-
Pages.16.4,5 and 17.1 As I didn’t have the shorthand report of the trial, he
reported the more convenient one for him.
In fact
from Iotta ‘s interrogation in which she disproved Curti, he referred to the
contrary.
- Pages.17.3 and 4 Mangione’s personality
was defined as of "doubtful morality" according to Rag. F. Magnarelli’s
declaration, his business consultant in Rome. About his Criminal records
there wasn’t any mention. Although the two verbal trials which were written
by Judicial Authority, two declarations given to lawyer Piano in Milan and
to lawyer Mascia in Rome, could he consider that such declarations were
credible considering Mangione’s personality? ; about this particular aspect,
we discovered later why. Tiberti during a verbal trial had perpetrated "a
forgery" about a D.I.A. background proceeding, which declared that Mangione
didn’t appear.
He
declared exactly : "this person was known by the police in a negative way". The
relator carried on supporting that such declarations’ purpose was to remove
an "accomplice" ! According to Curti ‘s declarations which were disproved
from the facts and disproved by Iotta ; Curti hadn’t any possibility of
denying it.
-
Page.18.1 As at pages.15.5 and 6 there was no consideration about the given
declarations as they were considered superfluous .
-
Page.18.3 It was a laughable situation, to write if the W.M.O. really exists.
Obviously the rogatory’s documentation had been read superficially.
- Pages.18.4 and 5 Considering the banking
and company documentation, the chronology of operations is wrong, starting
from the opening of the account on 30 November 1998 instead of 2 December
1998, the fees receipt resulted to be on 1 December 1998.
Apotheosis is declared on page.19, "According to the given elements, it’s
the Court’s conviction", and mistakes, manipulations, omissions and
falsehood : everything was supported.
It
was obvious that this convenient verdict was organized with the purpose of
"creating" a guilty person, omitting and changing any element to cover the
responsibilities of those who knew but who kept silent, and carried on in
handling the matter.