MoTe, the Prosecutor’s Office in Cassation: appeal against the release from seizure – Teramo

TERAMO. The Court of Cassation will write a new chapter in the investigation opened into MoTe, the public joint-stock company that deals with waste management and of which the Municipality of Teramo is the majority shareholder.
The Prosecutor’s Office has appealed to the Supreme Court against the provision with which the Court of Review annulled the seizure of properties and current accounts a month ago Ermanno Ruscitti, former director of the company at the time of the disputed facts, and against whom the Prosecutor’s Office hypothesizes the crime of embezzlement of public funds. The release from seizure was ordered by the Court of Review which revoked the seals and accepted the defence’s appeal. Decision, that of the Review, which after the filing of the reasons was challenged with an appeal signed by the prosecutor Ettore Picardi and by the substitute Stefano Giovagnoni (holder of the file) in which, drawing inspiration from numerous pronouncements of the Ermellini, the Prosecutor’s Office focuses on the legal concept of profit, underlining, in this regard, the use of funds intended for purposes other than those for which they were assigned.
The Prosecutor’s Office itself closed the investigation, serving the notice of conclusion and confirming the accusations. According to the Prosecutor’s Office, the company, after having received a public contribution of around one million from the Region, would have used 700 thousand euros (the total value of the assets subject to seizure) to repay the company’s debts and pay the salaries of its employees rather than using them for the intended destination , or the construction of an ecological platform for packaging processing. In the appeal made to the Review (Ruscitti is defended by the lawyer Guglielmo Marconi) reference was made precisely to the role of a public company and therefore to the need to guarantee a public service such as waste collection. Another argument also supported in the appeal is that linked to the fact that the deadline indicated for the creation of the platform has not expired. The release from seizure of the Review came after that ordered by the Prosecutor’s Office (in this case there was no appeal to the Review) for the company. During the investigations, the deputy prosecutor Giovagnoni accepted the request for revocation of the seizure presented by the lawyer Gennaro Lettieri, the lawyer who assists the company. With this provision, 70 thousand euros were released and the current accounts were freed to allow all the activities of the company itself: from the payment of salaries to employees to all other ongoing activities. For the company, the dispute, made by the Prosecutor’s Office, remains regarding the administrative responsibility of the entities.
©ALL RIGHTS RESERVED