22 June 2008

The anti-Caselli law

Here is another extract from "Mani Sporche" (Dirty Hands), the book published by Chiarelettere and written by Barbacetto, Gomez and Travaglio, entitled “The anti-Caselli law” (pg.501).
"On 4 November 2004, the Csm (Upper Council of the Magistrature) called for nominations for the appointment of the new national anti-Mafia prosecutor. Piero Luigi Vigna’s mandate was due to expire on 15 January 2005 after two terms and a total of eight years in office and could no longer be extended. Amongst others, Caselli and Grasso apply for the post and they are the definite frontrunners. However, on 1st December, Parliament finally approves the Castelli amendment regarding the regulations governing the organisation of the judiciary, which contains one rather strange codicil (article 10, clause 2):

The incumbent magistrate appointed to the National anti-Mafia Directorate at the time of the promulgation of this law, shall have his mandate extended and continue to exercise his powers until such time as he turns seventy-two years of age.
Vigna was due to turn seventy-two years of age on 1st August 2005. With this previously unheard of birthday present, the Berlusconi Government effectively extended his tenure until then, giving him a further seven months after the procedural expiry of his appointment. However, more than simply being a gift to Vigna, that little condition was a bombshell for Caselli. Article 2/H/17 of the law in question, namely that governing the organisation of the judiciary, stipulates that the task of managing the judicial functions may only be allocated magistrates who still have four years of service ahead of them prior to turning seventy years of age. Even though the current law - instituted by the same Berlusconi Government in the hope that it would be appreciated by the Court of Cassation, which was to make a decision regarding the transfer of certain court cases from the Milan Court to the Brescia Court – allows magistrates to remain in service until they reach the age of seventy-five. So where is the logic in extending Vigna’s mandate until he turns seventy-two, which then in turn imposes an age limit of sixty-six years for all future candidates taking office and who would then go on pension at age seventy, and this in a system that in any event allows the incumbent to wear his toga until he turns seventy-five? Madness? Schizophrenia? A love of puzzles?
None of the above. The answer to the riddle lies in the identity card of the candidate favoured to succeed Vigna. Caselli was due to turn sixty-six years of age on 9 May 2005. After that date, he could no longer guarantee another four full years of service. Without the extension granted to Vigna, Caselli could cheerfully apply to the CSM for nomination, given that in January he would not yet have turned sixty-six. Instead, as a result of the extension of Vigna’s mandate, he would no longer be in the running, thus handing the race to the other pretender, namely Grasso. It may be a pure coincidence, however, while the National Association of Magistrates protests and calls on its members to go on strike in order to show their objection to the new judicial organisation bill, Grasso is one of the few prosecutors who fail to attack this tailor-made regulation (tailor-made for him that is) and is indeed the only one amongst his peers to define the Caselli law as: “a reform with lights and shadows”.
Immediately, both the berlusconian press, as well as that of the so-called “reformist” left wing and their rag bearing the same name, unleash their usual media attack against Caselli. The arguments are the same as always: red togas, political processes, persecution of poor innocent victims, and so forth. However, at that most crucial moment, the anti-Caselli party takes a number of serious legal body blows. On 15 October the Court of Cassation confirms the statute-barring of the Andreotti case, containing allegations of collusion with the Mafia up to 1980. On 5 November the Appeal Court hands down a devastating decision confirming Mannino’s sentence. On 10 December the Palermo Court sentences Dell’Ultri to nine years in prison. Three verdicts that confirm the excellence of Caselli’s work.
As if this were not enough, on 16 December State President Ciampi rejects the bill as being unconstitutional and returns it to the Chambers. It is tantamount to the law never having existed, just like the extension of Vigne’s mandate, which would thus go on to “expire”, as scheduled, on 15 January 2005. Caselli remains firmly on track. However, the spectre of seeing this man once again being involved in anti-mafia matters becomes a nightmare for the Casa delle libertà. And so, on the evening of 30 December, while the rest of Italy was preparing to see in the New Year, the Cabinet adds a three-line article into the “thousand-extensions” bill, buried within a veritable jungle of regulations of extraordinary necessity and urgency: measures relating to the Red Cross, self-transportation of goods and circus acts. Three little lines stating that:
The incumbent magistrate appointed to the National anti-Mafia Directorate at the time of the promulgation of this law, shall continue to perform his functions until such time as he turns seventy-two years of age […] so as to ensure continuity in terms of the National Anti-Mafia Prosecutor’s Department’s battle against crime
There is no danger of the position of Super-Prosecution remaining vacant, since the Csm’s selection procedure had already begun some time before. This is nothing other than a simple excuse. For the first time ever, a Government decides, by decree, who may and who may not head up a judicial department, and this whilst entirely ignoring the constitution, which charges the Csm with the duty to make such appointments."

Posted by Antonio Di Pietro in Dirty Hands
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14 June 2008

“Dear Silvio”, “Dear Totò”

Here is an extract, drawn from "Mani Sporche" (Dirty Hands), a book published by Chiarelettere and written by Barbacetto, Gomez and Travaglio, entitled “Dear Silvio”, “Dear Totò” (pg.471).
"According to the Rome sources, there are at least two tapped telephone conversations between Cuffaro and premier Berlusconi. The first dates back to November 2003, just the day after the arrests of Aiello and the two warrant officers. The head of the Government appears to be very well informed about the differences of opinion in the Palermo Public Prosecutor’s Office regarding the Cuffaro case: on the one hand there is Public Prosecutor Paci who instigated the investigation of Guttadauro & Co. and who believes that the governor and his main co-accused, should be charged with associating with the Mafia, while on the other hand, senior members of the Department (Grasso and Pignatone) and the public prosecutors handling the Aiello investigations are wanting to archive the main charges against Cuffaro, leaving only those relating to favouring the Mafia and revealing confidential information. The clash between the two opposing views in the Antimafia Unit became public in early 2004, however, as far back as 12 November 2003, Berlusconi had phoned Totò to inform him that he had heard all about the differences of opinion regarding his case within the public prosecutor’s office:
Berlusconi: Don’t worry, remember that my family and I have been through hell with these guys…why, just take a look at how I am being depicted in the cartoon on the front page of the Unità.
Cuffaro: With everything that the Unità newspaper has written about you and me, there is enough material to create an encyclopaedia.
Berlusconi: Nevertheless, don’t be concerned because I have received some good news, as will you… from inside the office that is handling these matters, so it is very good news, namely that ……..is positively disposed …..
Cuffaro: I just hope that they realise that I, well, that I am not involved.
Berlusconi: Yes precisely. We will stand behind you as one man, without any chance of …
Cuffaro: I assure you that your call is very important to me because of the affection you have shown for me …
Berlusconi: If necessary, I will jump on a plane and come down to Palermo and I will do anything … But anyway, nothing will come of this.
Two months later, Silvio and Totò speak to each other once again. It was at 19h51 on the 10th January 2004. On this occasion as well, it would appear that the speakers know far more than what they should. The premier reassures the governor as regards the outcome of the inquiry and informs him that Interior Minister Beppe Pisanu has told him personally that everything is “under control”. The Regional Premier knows that certain judges are throwing tantrums regarding him, but confides that everything will turn out okay in the end.
Berlusconi: Yes Mr. president, it’s me: How are you keeping?
Cuffaro: Very well.
Berlusconi: How are things going?
Cuffaro: Very well, very well. Actually, I think things are going very well except for what the newspapers are saying.
Berlusconi: Over here I have heard that …the reason why I’m phoning you … the Minister of the Interior …
Cuffaro: Yes?
Berlusconi: … spoke to me and told me that the whole….. is under control … under control.
Cuffaro: That’s good.
Berlusconi: Yes it is.
Cuffaro: In any case, I’m not concerned, given that my conscience is clear. It’s only that …we must just wait.
Berlusconi: I know, but it’s not enough, it’s not enough.
Cuffaro: There are certain newspapers that are being rather disgusting and certain judges that are throwing some tantrums.
Berlusconi: I have just finished reading the Unità, in which they quote a psychiatrist as saying that I am the devil.
Cuffaro: Eh eh.
Berlusconi: They need to prove that I am the devil, you understand!
Cuffaro: Can you believe it! You know what you mean to all of us. So you also know that we admire you. Every morning in my daily prayers……Because, every morning at eight o’clock at Palazzo D’Orleans, I hold a mass …
Berlusconi: Ah, very good.
Cuffaro: And I swear to you, although I have never told you this, my first thoughts are about the work that you are doing, just to remind you of just how much affection I have for you.
Berlusconi: Thank you.
Cuffaro: You will always be able to count on me. I am always working, working to ensure that there is peace and tranquillity within the Udc party, so please don’t worry …
Berlusconi: That’s great, thanks o lot. You know that the feeling is completely mutual.
Cuffaro: I know, I know …
So Cuffaro, although under investigation on charges of collusion, breach of confidentiality, favouring the Mafia and corruption at the time, nevertheless says in January 2004 that he is at peace and appears to fully in the picture about the two opposing opinions of the magistrates: someone is still throwing tantrums, but we must just wait and see. In order to understand precisely what Cuffaro is waiting for, all we need to do is to await any further developments regarding the inquiry, which were to prove him right just a few months thereafter. In fact, public prosecutor Paci, who was pushing to commit Cuffaro to trial on all the charges, including association with the Mafia, was to find himself in the minority. At the end of it all, the governor landed up being charged only with the lesser offence of favouring the Mafia. The two controversial tapes that the Carabinieri handed over to the public prosecutor’s office were never included with the documentation upon the conclusion of the Cuffaro inquiry. They remained locked up in the principal dossier, namely dossier No. 2358/99 relating to the charges of Mafia association, which were archived. Neither Berlusconi nor Pisanu were ever questioned regarding the content of those telephone calls, nor were any in-depth investigations ever undertaken in order to gain further clarity on the matter. Yet Berlusconi’s comment to the Minister of the Interior could help to shed some light on the “Roman and Institutional source”, as claimed by the Public Prosecutor’s Office, that would appear to have informed Cuffaro about the telephone tapping of Guttadauro’s calls in 2001 and Aiello’s calls in 2003. If it is true that Berlusconi, the Viminale and Cuffaro were privy to information that is covered by the highest level of investigative confidentiality, this would constitute the commission of the crime of breach of confidentiality, inter alia by the person that divulged the information in the first place. Even more so if you consider that one of the people in question, namely Berlusconi, had himself been under investigation in Palermo for alleged association and money laundering: his case was later archived in terms of the statute of limitations, but the case could be re-opened at any time should any new information come to light. However, the public prosecutors dealing with the Berlusconi folder would only become aware of the existence of those infamous telephone calls from newspaper reports towards the end of 2005 when Grasso, shortly before moving to Rome to take up his new post as National Antimafia Prosecutor, asks the preliminary investigations judges to destroy those tapes."

Posted by Antonio Di Pietro in Dirty Hands
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18 May 2008

11 - Padania the thief

Here is an extract taken from "Mani Sporche", the book published by Chiarelettere and written by Barbacetto, Gomez and Travaglio, entitled "Padania ladrona'" (Padania the thief) (pg.289).
"Bossi’s followers have a problem: Popolare Credieuronord, a small bank created in December 2000 in order to "re-establish the values that are typical of credibility, collaboration and the North". The people that financed the bank, following an all-out drive throughout all sections of the party, were the members of the Lega Nord. However, as far back as the year 2003, the “Carroccio’s” bank was already only a small step away from bankruptcy. The financial year came to an end with 8 million Euro of losses and 12 million of bad debt on 47 investments. A serious problem this, above all due to the fact that the bank was born to be the politicians’ wallet. The bank’s Board of Directors includes not only Lega Nord Undersecretaries Maurizio Balocchi (Internal affairs), Alberto Brambilla (Welfare) and Stefano Stefani (Productive Activities), but also Varese councillor Giancarlo Giorgietti, a Bossi protegè and chairman of the Chamber Treasury Committee. In other words, should the bank be declared bankrupt it would constitute a major problem for the “Carroccio”. And, should there be any form of judicial investigation, the situation would deteriorate even further. As a matter of fact, 13 million Euro were laundered through the Credieuronord bank, money that originated from a major scam set up by the owners of the once legendary Radio 101 and a certain accountant, namely Carmen Gocini, which broke a number of the rules of the Milan Court bankruptcy procedures. Billion stolen and then, as alleged by the Public Prosecutor of Milan, laundered thanks to the connivance of the operational managers of the bank. Similar operations were also performed by various people linked to the "Cobas del latte" (Milk Committee), the livestock farmers closely associated with the Lega Nord who did not want to have to pay fines established by the European Union for overproduction of milk. Were the Credieuronord bubble to burst, many people would be hurt. It would be better to cover everything up and make an attempt to patch things up. As far as members of the Lega are concerned, their saviour’s name is Fiorani.
The Carroccio has long-standing ties with this man. The Lega Nord school of the Varese region is the field of Pontida, the field that is filled with green flags each year to welcome the Senatùr, flags that were purchased with money from the Popolare di Lodi. A total of 10 million Euro between credits and financing, plus another million from the Popolare di Crema (a subsidiary of the Lodi). All of this money having been obtained by mortgaging the party’s historical Milan headquarters situated in via Bellerio. Operations that are legal, but that are nevertheless symptomatic of a preferential agreement that is now being exploited to the maximum in order to avoid the collapse of Credieuronord. Fiorani has so far managed to keep the little bank afloat by means of a complicated financial operation. In exchange, he has obtained an about turn by the Lega as regards the appointment of the Governor. On 3 February, Maroni officially announced that the Lega would no longer be disputing Fazio’s appointment for life. This constitutes the death of the law concerning savings.
It will be Fiorani that will have to stand before the Public Prosecutor of Milan in order to explain, inter alia, this latest pact with the Lega: bailing out the bank in exchange for rescuing the governor."

Posted by Antonio Di Pietro in Dirty Hands
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30 December 2007

Dirty hands: conflict of interests

Here is a short extract from Gianni Barbacetto, Peter Gomez and Marco Travaglio’s book entitled “Mani sporche” (Dirty Hands), which picks up the discussion left by “Mani Pulite” (Clean Hands):


“The Tangentopoli front, often with no further need for bribes, is a conflict of interests. In the old system, you had those who pay in order to be awarded certain tenders or favours, and those who take cash to ensure that this happens. Nowadays, thanks to what Di Pietro calls «the re-engineering of Tangentopoli», the two parties involved in the above transaction are, with increasing regularity, one and the same person, who is both controller and subordinate and does not even need to go out of his way to pay any bribes since he would, in any event, simply be transferring them to himself. And even when the controller is not also the subordinate, it is normally because one of the two is a relative, a friend, a silent partner or a proxy.
In this strange model, which has grown up in the shadow of the berlusconian one and was not only never eliminated, but indeed continued to grow, hundreds of conflicts of interest have arisen within the various public administrations, from Parliament through to local bodies, in semi governmental and municipal companies, in the national healthcare system, not to mention the banks and private companies.
In Parliament, the vast majority of the elected representatives don’t even bother to submit any declaration of assets as required by the extremely bland Frattini Law. Even the various Authorities, who should be the ones that dig up and penalise conflicts of interest, are themselves riddled with them. The case of Alfredo Meocci who moved over directly from Agcom (which oversees the TV stations) to the Management Board of Rai (previously subject to his presumed «vigilance») in 2005 is merely a symbol of a reality that has become as commonplace as it is hidden. Also in 2005, former Chairman of the parliamentary commission overseeing RAI, the honourable Ds Claudio Petruccioli, became Chairman of the very same Rai, without any loss of continuity, and to make matters worse, this happened after a visit to the private home of Silvio Berlusconi, then Prime Minister and proprietor of Mediaset, a company in direct competition with Rai. The «Espresso» edition of 6 April 2007 printed an enlightening exposé entitled «Who controls the controllers ».”

Posted by Antonio Di Pietro in Dirty Hands
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