Salerno, fraudulent bankruptcy: an arrest and seizure of 6 million

This morning, the soldiers of the Provincial Command of the Guardia di Finanza of Salerno have executed an order for the application of personal precautionary measures against three people, proceeding at the same time with the preventive seizure of over 6 million euros for the crimes of fraudulent bankruptcy and failure to pay withholding taxes. In particular, the investigating judge, at the request of the Prosecutor’s Office, ordered the precautionary measure of the House arrest towards John Athanasius (Cl. 60) and the ban on carrying out businesses and holding management offices of legal persons and companies for a period of one year in respect of Sergio La Rocca (Cl. 68) and of Alfonso Magliacano (Cl. 77).

The investigations, conducted by the Economic and Financial Police Unit of the Guardia di Finanza of Salerno, involved a total of 5 natural persons, who were accused, for various reasons, of the crimes of fraudulent bankruptcy, preferential bankruptcy and failure to pay withholding taxes due. In particular, according to the reconstruction of the investigators Sergio La Rocca and Alfonso Magliacano, as de jure administrators and Giovanni Attanasio, as de facto administrator of the bankrupt company Lavoro.Doc Spa they would have diverted sums of money in total 3,412,367.58 eurosthus subtracting them from the bankruptcy estate and failing to pay, within the deadline set by the tax return, deemed due for 2,726,151.16 euros.

The preliminary investigations have made it possible to hypothesize a proven modus operandi characterized by multiple and repeated distracting conduct carried out through withdrawals of cash, the subtraction of financial resources in the absence of valid economic reasons and the failure to collect significant amounts of debts claimed by Lavror .Doc Spa against further legal entities also attributable to Giovanni Attanasio, with consequent damage to the creditors, thus causing the bankruptcy of the bankrupt company. In the same context, the suspects would have been responsible for preferential payments with the aim of favoring certain creditors to the detriment of others in violation of the principle of par condicio creditorumas well as the systematic failure to comply with tax obligations aimed at worsening corporate failure, thus causing its bankruptcy, to the point of failing to pay the withholdings made on the basis of the tax return.

Suspects receiving personal precautionary measures

  1. ATTANASIO Giovanni born in Salerno on 02.28.1960
  2. MAGLIACANO Alfonso, born in Salerno on 08.15.1977
  3. LA ROCCA Sergio, born in Salerno on 03.16.1968

Suspects recipients of the real precautionary measure

  1. ATTANASIO Giovanni born in Salerno on 02.28.1960
  2. LA ROCCA Sergio, born in Salerno on 03.16.1968
  3. ATTANASIO Alessia Lucrezia, born in Battipaglia (SA) on 09.09.1987
  4. ATTANASIO Ivana, born in Battipaglia (SA) on 14.11.1985

Companies involved

LAVORO.DOC Spa, previously based in Pontecagnano Faiano (Sa), via Aldo Moro snc, declared bankrupt with Sentence no. 17/2020 of the Bankruptcy Court of Salerno.

 
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