The suffered fraud by Banca di Roma, the proceeding against Mario TESTA and others.

Analysis and investigations

Penal proceeding in Rome, 9 obtained dossiers on August 1 st 2002.

A – over 1400 pages compared to 24 pages at Magistracy in Monaco; in full disfavour of rights of defence.

B – International Rogatory in Monaco of substitute attorney Andrea Sereni, made by examining judge instructor P. RICHET and by police inspector A. VAN de CORPUT.

A preface:

This synthesis of facts has been obtained from over 1,400 synthesis of proceedings in Rome (still in course and/or defined ) and by verbal actions drawn up by police inspector A. VAN de CORPUT. It will be a simple presentation to prove that in the following preliminary inquiry , Tiberti’s “ lapsus calami “ had been supported by judge Hullin and by Institutions. More precisely by Mr. P. DAVOST, the person in charge at the Judicial Authority , by General Attorney D. SERDET and by the President of court of appeal, Mr. JF. LANDWERLIN. ( all French judge  court and court of appeal in the Principality of Monaco).

ROME, Criminal proceeding n. 29223/99 RG PM and 20668/99 R.G. GIP

Dossier n. 1

On 8 February 1999,the Carabinieri Provincial in Rome, sent to the public prosecutor’s office, the crime communication as a consequence of a complaint by Banca di Roma’s legal office. Here is a synthesis of the facts of the communication :

1.01 - the banking account opened on 11 March 1997 in the name of Joseph Desire in MOBUTU, who died in 1997, had been frozen according to the director of the Rome 2000 branch, Mr. Mario TESTA.

1.02 – on 27/11/98 the MOBUTU account had been converted into W.M.O ( World Meteorological Organisation – United Nations Agency )

1.03 – on 04/12/98 a transfer of  $ 2,710,000  had been made from W.M.O.’s account to DAISY Ltd, the credit account at the Credit Foncier de Monaco, and Mrs. Simonetta Pedretti’s password had been used.

1.04 - on 09/12/1998 the Bankers Trust Company in New York ( the transfer intermediary ) asked  C.E.M. in Rome for clarification about the beneficiary bank and asked to write exactly where the transfer would  made.

1.05 – on 11/12/1998 the W.M.O. account was converted back to MOBUTU again.

1.06 – on 18/01/1999 the Credit Foncier de Monaco reported to Banca di Roma by telephone. A transfer clerk answered that DAISY Ltd's account had been opened thanks to the transfer which was the object of the investigation, and he declared that at that moment the account credit was of $ 44. It was obvious that after the deposit of $ 2,710,000.00 somebody had withdrawn the whole sum .

1.07 – The Banca di Roma sent a letter to the Credit Foncier de Monaco asking for news about DAISY Ltd and about the withdrawal rules, but such letter didn’t get any answer.

Dossier n. 4

4.01- Mrs. Simonetta Pedretti’s declarations on 4 October 2001 :

A) “ He promised me that I would have got the conspicuous sum of $ 400,000 “.

B) “ We tried to simulate the operation changing the name of e foreign registered account, which in this case, if I remember well, was in the name of the Egyptian Embassy and later  we reversed the transfer. The operation worked well ”.

C) “ On 8 January 1999 I personally met Mario Testa at the Hotel Mirabeu and he gave me $ 25,000

D) “ At the beginning of 1999, Mr. Mario Testa gave me a further sum of $ 25,000 at my home”.

E) “ After payment of the first portion of the promised quota, Mario Testa told me that some complications had emerged in Monaco caused also by judicial police investigations “.

4.02 – Mr. Renato Mangione’s declarations to substitute attorney A. Sereni , on 26 July and 12 October 2001 : “ I pointed out that Iagher didn’t know anything about  the illegal origin of the business practices. On the contrary he asked me if sums had criminal derivation and more precisely , drugs crimes, paedophilia , weapons and prostitution. I gave assurances on contrary”.

4.03- Mr. Renato Mangione’s declarations on 12 October 2001, his words : “ 20 % corresponding  to $ 540,000.00 was due to me “.

4.04 – On 4 October 2001 Judge Guglielmo MUNTONI , arranged to send the documents about penal proceeding n. 29223/99 to Monaco, according to the rogatory , against Mario Testa and others who have connections with the related facts in rogatory commission.

Dossier n. 5

5.01 – On 11 June 2001,  judge instructor Hullin’s forgery emerged in the international Rogatory in Rome.

He wrote : “ Iagher admitted having given his services to Mario Testa and Renato Mangione “. Furthermore he declared “ a great part of the funds which had been found in banking accounts in Monaco, had been frozen “.

5.02 – Commitment for trial for Mario Testa, Perdetti, Corradi and Renato Mangione. No mention of Iagher “ being not connected to the case ”.   

Dossier n. 7

7.01 - On 30 November 1998  a banking account in name of Mario Testa was opened at the Credit Foncier de Monaco.

7.02 – On 21 December 1998 a banking account in name of Renato Mangione was opened at the Credit Foncier de Monaco.

7.03 – Banking account in name of DAISY Ltd opened and more precisely : meeting on 30 November 1998 . From the documentation it emerged that the date opening the account had been entered as 30 November in every enclosure ( see signature, conditions and so on…) except in the receipt letter which showed the date 2 December instead of 30 November. The date on the left top side had been changed.

7.04 – According to Mario Testa’s and DAISY Ltd bank statements, it must be pointed out that :

A) On 18 January 1999 Mario Testa withdrew $ 1,200,000 and on the same day Renato Mangione withdrew $ 230,000 ( see the point 1.06) , total amount of $ 1,430,000 which was over 50% of  illegal practise. 

B) According to Mario Testa’s and Renato Mangione’s bank statements, it emerged that their accounts remained active after 18 January 1999.

C) From  DAISY Ltd's statements it emerged that balances were of $ 44,64 and ITL 54,805, because almost all money had been transferred to some accounts that Renato Mangione indicated.

7.05 – On 17 November 2000 the Credit Foncier de Monaco answered to the formal demand of police inspector VAN de CORPUT, omitting having been contacted by Banca di Roma , and therefore to knownig of the planned fraud.

7.06 – In the documents of  international rogatory in Rome two Verbal Trials of inspector VAN de CORPUT emerged , in order :

- Verbal Trial dated 11/10/2000 through formal request to the Credit Foncier de Monaco to   have information.

- Verbal Trial dated  11/12/2000 indicating that the Credit Foncier de Monaco gave the requested bank documentation such as DAISY’s  company structure. It emerged also that from 29 to 30 November , Mario Testa and Renato Mangione stayed at the Hotel Abela.

7.07 – Ordinance of 18/04/2000 authorizes the start of the  International Rogatory of substitute attorney Andrea Sereni at the Principality.

PRINCIPALITY OF MONACO

The substitute attorney Andrea Sereni, according to an Ordinance of the High Court in Rome, on 18 April 2000, sent international rogatory to Monaco. The inquiry had been charged to judge instructor Patricia RICHET who entrusted investigations to VAN de CORPUT. Here follow the Verbal Trials in synthesis :

- 20/12/2000 Inquiry Verbal Trial 

Description of DAISY Ltd's company structure.

Examination of bank documentation

Examination of business activity in the Principality

To conclude he underlined the need to verify if the Credit Foncier de Monaco had given declarations to SICCFIN, as it would have been obliged to do.

- 14/02/2001 Verbal Trial and Iagher’s declarations

Explanations about Renato Mangione who had been introduced by Mr. Fausto Magnarelli’s office in Rome. I didn’t know if he presented himself alone or with somebody else at the fixed appointment at the Credit Foncier de Monaco. I  absolutely didn’t know Mario Testa . I didn’t know the operations in favour of Mario Testa , they were maybe given instructions by Renato Mangione. The ordered operations by Renato Mangione didn’t never mention the name of Mario Testa. I didn’t introduce him to the bank and I asserted again I didn’t know who he was.

- 16/03/2001 Verbal Trial , Iotta’s declarations

She pointed out that she had received a phone call to give an explanation about DAISY’s operation .

Some clients would have opened some personal accounts. The clients had been referred to in the plural form and she couldn’t remember if I had given any names. As she was busy, they had been received by N. Curti , they always came together . At the same time she affirmed that it was impossible she didn’t know Mario Testa, in view of Curti’s declarations about the office number which appeared on Curti’s telephone. (these declarations had been taken back during first hearing and in court and court of appeal)

- 26/03/2001 Synthesis Verbal Trial 

Here follows the summarized operation at the Credit Foncier de Monaco :

1°  Marie-Odile ‘s Joris hearing who confirmed several points but made some mistakes such as : opening of DAISY’s account on 30 November and not on 2 December. The instructions had been given by fax on 14 December to be executed between 14 and 18 December 1998 and in a second time between 22 and 26 December 1998 and not between 21 and 29 December 1998. No declaration had been made to SICCFIN.

2° Iagher’s hearing to have been executed following Renato Mangione’s instructions , that Iagher didn’t know Mario Testa, that the account number 300 78 654 belonged to Mario Mario Testa, that the transfered money to DAISY Ltd came from fraud , and to give different documents in support of the given declarations. 

3° Nadia Curti’s hearing who declared to have met Mario Testa and Renato Mangione on 30 November 1998. They affirmed to have been sent by Iagher’s office . It seems that in December 1998 , as Mario Testa didn’t have sufficient funds to withdraw $ 568,000 , Iagher’s office had been contacted to make the deposit (the bank had the order to do the transfer on 14 December 1998). She declared that when she had been contacted by Mario Testa and/or Renato Mangione, the office number often appeared on her telephone ; in her opinion Mario Testa knew Iagher (I never had the chance to oppose such opinion in the course of inquiry as she didn’t appear before the court to testify, and it happened twice).

4° Iotta’s hearing who declared to have met some clients, and not one client , on 30 November 1998.

Furthermore she affirmed to have received a fax on 14 December for a transfer  to do on the account n. 300 78 654 for Renato Mangione, but it was about Mario Testa’s transfer. It was clear that she knew Mario Testa. ( in the Credit Foncier’s banking documentation , by and for DAISY Ltd and Renato Mangione, the name of Mario Testa was never mentioned ).

5° Police Inspector VAN de CORPUT  wrote : “It is impossible to prove that Iagher precisely knew the fraud derivation of the transferred funds on DAISY’s Ltd account”.

At this point  JUSTICE DENIED begins

-        From  proceedings which began in Rome on 8 February 1999

-        From  the international rogatory sent to the Principality of Monaco, sent by substitute attorney Andrea Sereni, which was received by Judge instructor Richet on 6 October 2000.

-        From  the Verbal Trial on 26/03/2001 of the inspector police VAN de CORPUT.