CARRARA. All acquitted in the case of the Fiordichiara B quarry, which ended up seized in February 2016 (and then released a month later), a year after the company declared bankruptcy.
The prosecutor’s office
The rights of Fiordichiara B were in concession to Fiordichiara Srl of Davide Montefioriwhich, according to the reconstruction of the prosecutor’s office, in 2013 had sold a business branch and concession rights to Cmv Marmi of Milan, of Alessandro Macchione (in the role of sole director and legal representative). Two years later, in February 2015, Fiordichiara Srl declared bankruptcy. According to the prosecution’s hypothesis, Montefiori and Macchione, with the collaboration of the accountant from Massa Giampiero Ciarleglio they would have specifically set up a third company based in London, Marble&Stone Ltd, to “recover” Fiordichiara’s assets, avoid paying creditors and hide the real beneficiaries of the operation. The value of the business unit and concessions transferred by Fiordichiara to CMV amounted, again according to the reconstruction of the prosecutor’s office, to 2,630,000 euros. Montefiori (defended by the lawyer Filippo Tacchi of the Lucca Bar) was accused of fraudulent, documentary and preferential bankruptcy; Macchione (defended by the lawyer Fabio Carbonelli of the Naples bar) and Ciarleglio (defended by the lawyer Rachele Vatteroni of the Massa-Carrara bar) of fraudulent bankruptcy due to the diversion of the business unit.
The sentence
But as mentioned, yesterday morning the panel composed of judges Basilone, Berrino and Biasotti issued a sentence of acquittal for everyone; the prosecutor Dr. Clarissa Berno, moreover, had also asked for acquittal. Thus a long-standing affair comes to an end, with the trial continuing for four years, during which the defendants and their lawyers managed to clarify the positions and demonstrate the legitimacy of the operations that had been contested. On a technical level, Davide Montefiori had to answer for three charges; as for item a, reduced from fraudulent bankruptcy to simple bankruptcy, the statute of limitations has taken over; as for the heads b and c, diversion of liquidity, the acquittal is linked to what once would have been called insufficient evidence, but which obviously remains a full acquittal. Also acquitted for the hypothesis of payments made to him in favor of INPS, results not proven. Then there was chapter C, which involved all three in fraudulent bankruptcy, for the sale of the Fiordichiara srl business unit. In this case, acquittal because the fact does not exist. In short, the accusatory hypotheses were dropped after the long court hearing in Massa.
