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PALERMO – They had to save old Palermo, who later failed miserably, and now they end up in jail. The Public Ministry accuses the brothers Salvatore and Walter Tuttolomondo, 65 and 53, of a series of crimes.
The crimes in dispute
The offenses are: fraudulent bankruptcy, undue tax compensation with non-existent credits, self-laundering and reuse of money, counterfeiting and obstacle to the functions of the Supervisory Commission of football clubs (Covisoc) of the Fgic.
Three conflicting measures
With the same order, the investigating judge of the Court Lorenzo Jannelli, at the request of the prosecutor Francesco Lo Voi, the deputy Salvo De Luca and the alternates Andrea Fusco and Dario Scaletta, imposed the obligation of presentation to the judicial police and the prohibition for a year for the exercise of companies, management positions of legal persons or professions for the duration of one year to Roberto Bergamo (born in 1958, who was CEO of Palermo dei Tuttolomondo), Tiziano Gabriele (born in 1972) and Antonio Atria (born in 1966).
For a long time it was understood that men’s problems to the “City of the United States of Palermo”, on whose ashes a new company was born later that has nothing to do with the past, it would not have ended with filing for bankruptcy of October 2019.
The mistake
The bankruptcy triggered the fraudulent bankruptcy dispute. Tuttolomondo seized old Palermo football from the hands of Maurizio Zamparini (under trial in court) through Sporting Network, a subsidiary of Arkus Network. In the middle was the fleeting transfer of ownership from Sport Capital Group Investments to the British. which handed over all the shares to a newly created company that includes the former head of the technical area Rino Foschi. Then the sale to Tuttolomondo.
Dissipation and distraction are the two key words in the reconstruction of the prosecution of the financiers of the economic-financial police unit.
At the beginning of the summer of 2019, the Tuttolomondo do not post the necessary bond to enter the team in the Series B championship. The company without a sports title loses all value. The potential assets, estimated at 21 million, are depleted.
Therefore, a part of the assets would be diverted from the corporate assets. In August 2019 Arkus Network, the Tuttolomondo company, asks the Court to agree to the settlement with the creditors. It is nothing more than a tool that the law makes available to the entrepreneur, in crisis or in a state of insolvency, to avoid filing for bankruptcy through an agreement that even partially satisfies the demands of creditors. In this case, these are some players who have not been paid their salaries for March, April, May and June 2019.
“Abnormal packages”
When the settlement request has already been submitted to the Court Arkus makes payments in favor of employees, also without pay, and some professionals, especially lawyers, for a total of 630 thousand euros.
However, before paying, he should have asked the court for permission, and he did not. And it is the reason why the settlement request is rejected and bankruptcy is declared.
The matter goes to the criminal level – and we are faced with the hypothesis of bankruptcy due to distraction – when it is discovered that 341,600 euros have been paid in favor of the Structure srl as an “advance professional mission contract” to finalize the request for settlement with the creditors.
A rate that the bankruptcy judges (Gabriella Giammona, Giuseppe Rini and Flavia Coppola) already defined as “seriously disproportionate to the professional reference rate”.
“Everything is fine”
Structure srl belongs to the Arkus Group of the same Tuttolomodo, specifically Sporting Network srl, which owns the entire capital of the Us Città di Palermo spa through the Palermo Football Club spa subsidiary. The Tuttolomondo do not deny the circumstance. In fact, they confirm and justify it on behalf of the fiduciary relationship. In short, they only trust themselves.
Structure srl “seems to have limited itself to playing a mere role of intermediary in the choice of the professionals summoned to draw up the plan.”
The accounts don’t add up
The agreement establishes that Palermo pays the exclusive choice of lawyers 560,000 euros to Structure srl, two hundred thousand euros more than the professionals who physically have to draw up the plan.
The accounts do not add up and the prosecutor does not stop investigating. And it turns out that Tuttolomondo would have paid off the tax debts used to offset non-existent tax credits of 1.4 million euros (it would have been the only way to mask the insolvency of the old Palermo soccer accounts) and used part of the money distracted. for new business ventures.
The financiers of the provincial command, led by General Antonio Nicola Quintavalle Cecere, in addition to arresting the Tuttolomondo brothers, seized one million 395 thousand euros preventively.
“A market hit”
The suspects sought the market coup, buying a company in serious financial difficulties for only 10 euros with the aim of getting the treasury of about 40 million euros between television rights and sponsorships in case of promotion of the serial team. A- explains Colonel Gianluca Angelini, commander of the economic and financial police unit. Once this possibility had ended, the suspects found themselves in a highly indebted and illiquid company: to try to obtain registration in the Series B championship, they tried to mask the state of insolvency by offsetting large tax debts with tax credits. non-existent and other fraudulent actions are being taken to make payments owed to players and employees ”.
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