It would have been heldAudi and the company mobile phone “failing to return it despite an explicit warning”: for this he will have to serve time three months of arrest but in any case, with the first degree sentence just pronounced by judge Pasquale Ladogana of the Scaliger Court which will justify it in 90 days, the accusation for which a well-known restaurant manager who operates in the Veronese area however, it appears to be scaled down compared to the prosecutor’s initial requests. The latter, in the indictment, in fact requested a sentence of 12 months, while the civil parties complained of damages amounting to 850 thousand euros, accusing him of much more serious facts, namely that he had appropriated it, “taking advantage of the trust” placed in him as sole director of a catering limited company and managing partner of a second limited company and “failing to transfer the proceeds collected into the company accounts”, for a total of 200 thousand euros to the detriment of the first limited company and 98 thousand to the detriment of the second.
The first doubts in 2018
Both limited companies have as their object the carrying out of hospitality and recreational activities and they both manage the management of various restaurants, bars and trattorias, all in the Verona area: they belong to two brothers, sons of a historic merchant in Piazza Erbe in Verona, first with banquets and then with bar and restaurant activities. The latter suddenly disappeared in 2013: the two sons therefore found themselves taking over the ownership of the two limited companies, deciding to rely on an experienced manager to manage them. As time passes, thedefendant would therefore have become the manager of both LLCs, both in fact and in law, with almost total control of finances, accounts and collections: the problems would have arisen in the summer of 2018, when the civil parties began to have their first doubts about the administrator’s actions.
The car and the cell phone
In addition to the overall shortfall quantified in the indictment and equal to 298 thousand euros, according to the accusation, the manager embezzled 28 thousand euros for personal expenses, to the detriment of the first srl, and a further 17,254.35 euros to the detriment of the second. In the end, he would have appropriated the Audi company car as well as the cell phone, “failing to return the said goods despite an explicit warning”, all “with the aggravating circumstances of having caused significant financial damage to the injured parties”. Defended by lawyers Matteo Nicoli and Nicola Grani, the accused was convicted only for the alleged embezzlement of cars and iPhones: for the other alleged shortages, however, the judge ruled that “the fact does not constitute a crime”. However, the picture complained of by the civil parties, represented by the lawyer Alessandro Avanzi, is serious, according to which the first srl would have «around 300 thousand euros of unpaid tax and social security debts (dating back to the period 2017 – July 2018) in addition to various exposures with banks and suppliers »; as for the second limited company, «she found herself having to resort to huge resources from the members’ families to survive the debts and to the winter season (where the restaurant’s takings are very low), to pay the arrears of employees and other expenses, as well as finding themselves with approximately 90 thousand euros of unpaid tax and social security debts, which the company is now paying in installments with the competent bodies”. They also complain that the manager, «having the legitimacy to possess a credit card for use relating exclusively to expenses relating to work activities, he used it for personal obvious purchases (purchases of food for personal use, purchases at pet supplies shops, swimming pool entries, holiday reservations, medical expenses and countless cash withdrawals) and not previously authorized”. A case destined to end up in civil court.
