Marcotravaglio.it directly from the site, we are publishing the wonderful article by Mark today about the ruling on Lodo Mondadori, which condemned definitively Caesar Previti, Acampora lawyers and the Pacific and the former Judge Metta.
Mondadori, A HISTORY OF JUDGEMENT BOUGHT
Marco Travaglio
The ruling of 1991 that overturned the Lodo Mondadori and delivered the first group Silvio Berlusconi in the Italian press, pulling to Carlo De Benedetti, was bought. The buyer is called Cesare Previti, who was acting on behalf of the Knight and money of Fininvest, the ultimate beneficiary of commercialization criminal. This, translated into Italian, means an order issued the day before yesterday by the Supreme Court ultimately be borne by the Fininvest lawyers Cesare Previti, Attilio Pacifico and Giovanni Acampora and the judge Vittorio Metta. For 17 years, then, Berlusconi
- soi disant "self-made man who has" - has abused a publishing house, with his books and weekly (including Panorama and the late period), which used financially and politically useful to accumulate, first in support of its sponsors (Craxi in the first place), then to build the consensus necessary to his "descent into the field, with their two governments and its four electoral campaigns. Even the day before yesterday the site of Panorama has sent, in violation of the secret investigation, the news of the alleged inscription on the register of suspects to Romano Prodi by the Catanzaro Prosecutor, but Panorama, without ruling bought in 1991, does not belong to Berlusconi. Given the Lilliputian space reserved for the media "independent" to a resounding verdict so (not even a mention on the front page of Corriere della sera, and Printing Messenger, not to mention the newspaper), the case is to summarize the history of that ruling purchased.
THE AWARD. In 1988 Berlusconi, who has long put a foot in the publishing house to discover the actions of Leonardo Mondadori, announces: "I do not want to stay in the back seat." De Benedetti, who controls the majority stake, resists the assault and are granted Formenton family, heirs of Arnold, who agrees to sell his shares by 30 January '91. But the heirs and change their minds in November '89, are in blocks with Berlusconi, 25 January 1990, takes office as president of the publishing house. As well as three television and journalism, then, the Knights took possession of the publishing group that controls the Republic, Panorama, Espresso, Vintage and 15 local newspapers Finegil, moving from field to that anticraxiano filocraxiano. The "war of secret", by unanimous decision of the contenders, it ends before a panel of three arbitrators chosen by De Benedetti, from Formenton and by the Supreme Court. The award, 20 June '90, gives De Benedetti reason. His pact with the Formenton remains valid, the Mondadori shares must return to the engineer. Berlusconi leaves the presidency, there's the manager Cir debenedettiana: Carlo Caracciolo, Antonio Coppi and Corrado Passera. But the Knights turned the tables and, together with Formenton, challenges the award to the Court of Appeal in Rome.
It occupies the First Civil Chamber, chaired by Arnaldo Valente (as Stefania Ariosto, Previti frequenter of the house). Judge speaker and writer of the decision: Vittorio Metta, too intimate Previti. The closed session will close Jan. 14 '91. Ten days later, on 24, the decision is made public: annul the award, the Mondadori back Berlusconi forever. The engineer knew already: one month before the chairman of Consob, the Pazzi Bruno Andreotti, had announced the defeat to his lawyer Vittorio Ripa di Meana. "Rumour - De Benedetti witness - that the sentence was typed in the study of 'lawyer Acampora and had cost 10 billion ... It was then that I heard for the first time the name of Cesare Previti, Berlusconi and as a person known to be very close to Romans introduced in the court. " Despite the triumph, however, Berlusconi fails to bring home the whole cake. The directors and several journalists from the Republic, Espresso and Panorama rebel against the new masters. Giulio Andreotti, Craxi alarmed by the overwhelming power of the Publisher that requires a transaction in the office of his friend Joseph Ciarrapico Republic, Espresso and newspapers Finegil back to the group-Caracciolo De Benedetti, Panorama, Epoca and the rest of the Mondadori remain at Fininvest.
MONEY. investigating since 1995 the revelations of Stefania Ariosto Previti on bundles of some Roman judges, the pool of Milan discovered the river of money that flowed from Fininvest accounts of foreign lawyers and from those of Fininvest in cash in the hands of Judge Metta . On 14 February '91 by health a part of the All Iberian's bank of $ 2,732,868 (3 billion pounds) into the Mercier Previti. From this, February 26, another bank of a billion and a half (half of the funding) to the account of Trade Careliza Acampora. These clean-October 1 in 425 million Previti, which diverts them in two batches (11 and 16 October) on behalf of Lapwing Pacific. Which takes 400 million in cash on 15 and 17 October, and has them delivered to a mysterious destination in Italy: according to the indictment, is Vittorio Metta. The judge, in the following months, does various expenses (including the purchase and renovation of an apartment for her daughter Sabrina and the purchase of a new BMW car), especially with cash of unknown origin (about 400 million). Then resigned from the magistracy, he became a lawyer and went to work with her daughter Sabrina in the previous study. About those 3 billion Fininvest, Previti speaks of "Quiet plots", but fails to document even a shred of professional assignment at the time. Pacific also lie and Acampora. So Put that on the origin of the unexpectedly, ample liquidity (for example, an inheritance), it is regularly denied by the facts. Previti then swears that he knew only in '94, but still mind: i am Boccassini and Columbus discovered phone calls between the two already in 1992-93. Then there are the ways to say the least bizarre of the Judgement Mondadori: the records of the Court of Appeal filed Put it appears that the motivation (168 pages) January 15 '91: the day after the closed session. A company never succeeded in a court, nor to him, which took 2-3 months for much shorter sentences. Evident that this was written before the Court decides.
PROCESS. In 1999, the pool asks for trial for Berlusconi, Previti, Metta, Acampora, Pacific. In 2000, the preliminary hearing judge acquits them all with doubtful formula (comma 2 art. 530 cpp). But in 2001 the Court of Appeal, upholding the appeal of the Prosecutor, refers them to trial, but Berlusconi, just back to Palazzo Chigi, and saved by the prescription: he judges grant extenuating circumstances. Why does he and the other not? For "the current conditions of individual and social life whose objective in itself justifies the application of" extenuating circumstances. The Supreme Court confirms the Knight is not innocent, indeed it is 'reasonable' and 'logical' that the principal of the tangent to Put was really him. But a simple technical matter such as mitigating the prevailing "for the conduct of life after all 'supposed crime." Instead of giving up the general to be acquitted on the merits, Berlusconi takes and takes her home. It does well: the other co-defendants, without extenuating circumstances, will all be condemned. At first instance, in 2003, Metta takes 13 years, Previti and the Pacific for 11 years for Mondadori Imi-Sir, and Acampora (only for the Mondadori) 5 years and 6 months. In 2005, on appeal, all convicted of Imi-Sir, and all acquitted (always with paragraph 2 of art. 530) for Mondadori. But in 2006 the Supreme Court annulled the acquittal and order to the Court of Appeal in order for Mondadori. This thing happens in February 2007: Previti, Pacifico and Acampora are seen to increase the penalty for another year and 6 months and 1 year of Metta and 9 months, "continuity" with the convictions now final for Imi-Sir. Judges who write the sentence Mondadori was "drawn up before the council chamber," "unknown persons outside typed in" and "out of institutional settings." In fact that have emerged in the process "different from the original copies." Berlusconi was unaware of the corrupting influence of his lawyer-fixer (who are not officially defended the Fininvest in the proceedings, followed by lawyers and Dotti Vaccarella midnight)? Not a chance: the Knight - write the judges - had "full knowledge that the sentence had been the object of commercialization." Moreover, "the salary of the corrupt judge is in the interest and on behalf of the corrupter," of Berlusconi. And the "criminal episode took place inside the so-called 'war of secret', fought for control of known and influential media, and should take into account the resulting interests at stake are not only relevant in a purely economic, however large, but also from the purely social nature of property acquisition and dissemination of such media. " The Court also recognizes the civil part of De Benedetti's CIR to the right and moral damage to property, to be quantified in a separate civil action, "both the actual damages as lost profits under a variety of profiles for not only the actual costs of disposal of Mondadori, but also the reflections of each other on the market for equities. " Now that the ruling is final, the Cir Pisapia with lawyers and Ruby ask EUR 1 billion in damages. In practice, 17 years later, the restitution of stolen goods. I wonder if they will pay for Prescribed Cavalier convicted, or dip into their wallets. In the first case, someone might get upset and remember something. Maybe telling those who asked him to buy the sentence Mondadori.
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