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The provision issued by the GIP of the Court of Foggia, at the request of the Public Ministry, constitutes the epilogue of a complex activity of the judicial police carried out through technical investigations (telephone, telematics and environmental wiretapping), as well as observation, matching and follow-up services, it has disrupted a stubborn criminal association dedicated to scams against the National Institute of Social Security in relation to fictitious hiring in agriculture.
In particular, the investigations carried out by the Fiamme Gialle de Barletta revealed the existence of a complex, systematic and deeply rooted fraudulent mechanism perpetrated by the criminal association through three fruit and vegetable wholesale companies, which operates in the municipality of San Ferdinando di Puglia and attributable to a single Teacher who made use of three manpower hunters, who were active and recruited false agricultural laborers in the squares of the municipalities of San Ferdinando di Puglia (10 subjects), Trinitapoli (4 subjects), Margherita di Savoia and Barletta (3 subjects).
In this context, the fraudulent system was based on the false hiring by the three companies of some 300 agricultural laborers residing in the province of Barletta-Andria-Trani, to then proceed to the subsequent dismissal of them, in such a way that create “artificially” the preconditions for benefit from unemployment and / or maternity benefits paid by the Social Security Institute
The fictitious labor relations lasted, in fact, the period strictly necessary for the purposes of the recognition of the rights of the aforementioned instruments of social protection, ordinarily established in support of the subjects effectively beneficiaries of the provisions for termination of subordinate work.
The investigation activities carried out by Barletta’s financiers were based, at first, on carrying out inspections and investigations against the aforementioned agricultural companies, immediately detecting a substantial disproportion in the hiring of workers with respect to the real needs and that the classified classification was absolutely incompatible with the nature of the business. Subsequently, focused in-depth analyzes of an economic-financial nature were carried out, consisting of the acquisition and analysis of the accounting and banking documentation of the investigated companies, as well as the carrying out of consultations and massive reprocessing of the data collected through the Bases of Data and tools. operational information technology available to the Corps. The set of circumstantial elements described above was supported by the results of the financial investigations carried out on the current accounts of the company and of the persons identified as creators and promoters of the fraudulent scheme in question.
In the course of the substantial investigative activity, based on the interception, searches and analysis of the content of the artifacts seized from the suspects, the acquisition of documents and the execution of persons informed of the facts, it was found that the criminal behaviors indicated were initiated through the constitution and / or management of three agricultural companies, all attributable to the same criminal association and used for the fictitious hiring of personnel, given the absence of work actually performed, with the sole purpose of allowing the perception of undue unemployment benefit after the dismissal (also fictitious) and the achievement of useful weeks for retirement purposes.
The subjects hired by the aforementioned companies, after a useful period of time to earn the rights provided by current legislation, were dismissed and, by virtue of the original crime of agreement submitted an application for unemployment benefit which, once improperly obtained and accredited, returned to the Teacher of the criminal association: the referred illicit conducts, therefore, generated not only an immediate and enormous damage to the Social Security (INPS) but, above all, in the future not only the fictitious creation of pensions for agricultural workers although never exercised, in fact. These activities made it possible to seal the investigative hypotheses of the Fiamme Gialle de Barletta, noting the inconsistency and fictitious of the transactions carried out by the investigated companies, as well as the absence of movements attributable to the payment of the salaries of the numerous employees hired in that period. .
Once all the criminal circumstances related to the fraudulent context described had been defined in detail, the financiers proceeded to quantify the social security payments unduly received, developing a geo-referencing of the disbursements according to the competent offices for the payment of the compensation paid to each one. illegitimate beneficiary, giving rise to undue perceptions paid for a total amount of € 98,380.00 and non-compliance with the payment of pension and welfare deductions made on the salaries of employees in the amount of € 460,986.00.
Considering the high indicative value of the elements collected during the complex investigative activity, this Public Ministry, by virtue of the pernicious and deep-rooted illicit conduct carried out by the criminal association, has requested personal precautionary measures to inhibit in this context territorial consolidation of the advantages derived from the most insidious forms of economic and financial crime.
The GIP, adhering to the aforementioned request, therefore issued the order for the application of personal preventive detention against 21 subjects and, in particular:
- one subject, due to the scope of preventive detention in prison;
- five subjects, by the scope of the house arrest;
- fifteen subjects, due to the scope of the residence obligation in the countries of residence.
The results of the investigation are further proof of the constant monitoring of economic-financial legality exercised by the Foggia Prosecutor, in close synergy with the Guardia di Finanza, in order to safeguard, even more incisively today, Characterized History due to the persistent COVID-19 epidemiological emergency, the integrity of public budgets and the correct use of resources destined to support the weakest sectors of the community, intervening incisively in contexts characterized by particular complexity, both from the point of view of from a legal-normative and technical point of view. -operating.
The activities aimed at contrasting the phenomena of illicit perception of public funds aim to return to those who really need it what has been illegitimately stolen from them and are grafted into the broader lines of action of the Corps, aimed at the Protection of Public Expenditure .
In these contexts, the action of the Guardia di Finanza is meritorious, which, as an economic-financial police, stands as a solid bulwark in defense of the state budget for the repression of serious phenomena of fraud to public spending, citizens and businessmen who respect the rules. , in order to guarantee the protection of spending and the state budget and, above all, social equity as a fundamental condition for the well-being of the community at a particular moment of public finances that also suffer in relation to economic and social difficulties for health risk. linked to the epidemiological spread of COVID-19.
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