Casoria, damage to the treasury for 400 thousand euros and null transaction

Casoria, damage to the treasury for 400 thousand euros and null transaction: documents to the Prosecutor's Office and Court of Auditors for the cemetery consortium.

Treasury damage for 400 thousand euros and null transaction, documents sent to the Prosecutor's Office and the Court of Auditors. A real storm hits the cemetery consortium between the municipalities of Arzano, Casoria and Casavatore also the object of a singular story of transfer of one of its properties for consideration like the famous Trevi Fountain in the film by Totò.

The new consortium board, in light of the documents that emerged during in-depth investigations, would have "discovered" a shortfall in the entity's coffers of approximately 400 thousand euros in credits claimed by the curial congregations, in some cases managed by private individuals.

The councilors, together with the director, have written down what has emerged by making it known, through the public notice board of the same consortium following the meeting of last June 30. According to the councilors, there are even null and void deeds, flawed and in some cases with the same protocol number so as to give rise to hypotheses of forgery in a public deed.

"With regard to the legitimacy to sign the aforementioned agreements," the directors wrote during the meeting, "the then Director clearly lacked the authority to draft them. Indeed, the Consortium Board's prior guidance document, the auditor's opinion, the approval of the Assembly, and the final signature of the Consortium's legal representative are lacking. This, as expressly provided in the bylaws, is not the Director, but the President.

As for the legitimacy to contract of the Confraternities, and with reference to the undated transaction, the director Omissis is also to be considered not legitimized to sign, since he does not hold the role of legal representative, and the hypothetical delegation to sign, which must be conferred by public deed, and which is not found in the documents in any form, is not suitable for this purpose. Furthermore, from investigations carried out it emerged that the Court of Nocera Inferiore, with sentence no. 24 of 27.03.2015 declared the bankruptcy of the outgoing company.

With the consequence that Omissis srl has illegitimately taken on – for completely unknown reasons – the debt of a bankrupt company, carrying out an act that lends itself, among other things, to bankruptcy revocation”.

"As if that were not enough - the administrators point out - with the settlement deeds in question the consortium director does not release - as far as can be understood from the clumsy wording of the deeds - the original bankrupt debtor, but the Congregations, according to a scheme completely removed from the legal paradigm: in fact, as a result of the intervening assumption of debt, the Consortium should have released the previous debtor (the bankrupt one), and not the Congregations, to be considered totally extraneous to the assumption of debt which occurs, as per the code, between the original debtor and a third party assuming the debt (Omissis srl), with the possibility for the creditor (the Consortium) to adhere to such an agreement. Nor is it clear why Omissis srl had undertaken the commitment to pay the Consortium the annual sum of 20 thousand, nor is it clear why the Consortium itself accepted this amount although, in accordance with the current tariffs, it was entitled to obtain from the aforementioned Congregations and for the same reason the greater sum of 60 thousand for each year".

"But the most striking paradox," the drafting councilors and President continue, "concerns the agreement reached by the unlikely signatories of the undated settlement agreement regarding the debt accumulated from 2000 to 2012," amounting to a whopping €370, by the Archconfraternities. Instead of paying the said sum, they proposed and succeeded in settling the debt with a sort of datio in solutum: the sale of the hypogeum of the Mother Church to the Consortium. Well, regardless of the obvious nullity of the real estate transfer in question, since the phantom transfer deed lacked the minimum requirements of substance and form (cadastral identification of the property, public form of the deed, authentication of the signatures, urban planning compliance, transcription of the agreement, signature of the same by the authorized bodies, etc.), it is highlighted that investigations carried out at the Land Registry have revealed that the hypogeum has always been, and therefore also at the time of the signing of the transactions, it was already the exclusive property of the consortium municipalities, as was the entire church above it, of which, as is known, the hypogeum itself is nothing more than an appurtenance.

In short, the Consortium gave up a whopping 370.000 euros in exchange for the phantom transfer of a property it already owned. Only the ignorant Italian-American who bought the Trevi Fountain from Totò was more clueless!”. In conclusion, for the services provided from 2000 to 2012, the Consortium was entitled to the sum of 370 thousand euros, while for those provided from 2013 to 2016 it was entitled to the same amount of 60 thousand euros. All for a total of 430 thousand euros. Nonetheless, by virtue of the aforementioned transactions, the Consortium received the paltry sum of 30 thousand euros in May 2017. A financial loss of a whopping 400 thousand euros, masked by two papers, which, by defining them as “transactional acts”, offend centuries of legal civilization, as well as the Italian language”.

“The fact is that – they conclude – despite the clamorous nullity of the acts in question, at present, no determination has been adopted on the matter, although the Extraordinary Commission established at the Municipality of Casavatore, already on 03.10.2018, had asked the then Director “to know if the acts have been adopted to verify the legitimacy of the transactions signed, in this regard, by the previous consortium director” (see letter prot. 0022659 of 31.10.2018). By virtue of all the above, the Consortium Council invites the Acting Director to immediately communicate to the legal representatives of the Congregations that the transactional acts referred to in the preceding narrative are totally null, if not non-existent and to transmit the acts to the Public Prosecutor's Office and the Court of Auditors”.

Louis Vanacore