The 65-year-old entrepreneur LF, originally from Pietrelcina and a resident of northern Italy for 40 years, was acquitted of charges of embezzlement and fraud against the INPS (National Institute of Social Security). The ruling was issued by Judge Valeria Cisti of the Como Criminal Court, ruling "because the act does not constitute a crime."
LF, the owner of a construction company, was on trial for allegedly embezzling funds paid by INPS (National Institute of Social Security) for sickness benefits and family allowances intended for his employees. According to the prosecution, from June 2016 to July 2017, the entrepreneur withheld these funds despite having reported them on the workers' paychecks.
The defendant, defended by the lawyer Massimo Viscusi of the Bar Association Benevento, has always maintained his innocence. During the hearing on December 5, the prosecutor requested an amendment to the indictment pursuant to Article 516 of the Code of Criminal Procedure, introducing the charge of fraud against the State, since, in his opinion, new facts had emerged during the preliminary investigation.
The defense contested this request, arguing that the amendment violated the defendant's right to a fair trial and procedural guarantees, preventing him from developing an adequate defense strategy. Furthermore, attorney Viscusi emphasized that, in the event of a charge of embezzlement and fraud, the proceedings should have proceeded to a preliminary hearing, as the crime of embezzlement has no longer been prosecutable by direct summons since 2019.
The defense also highlighted the lack of corroboration of the plaintiffs' statements and the presence of conjectures and inconsistencies, arguing that the case could at most be classified as a breach of contract or failure to fulfill tax obligations, not as embezzlement.
At the hearing on June 10, Judge Cisti upheld the defense's objections, emphasizing the failure to provide new facts and the resulting violation of the right to a fair hearing. After the prosecutor's closing argument and the defense's oral argument, the judge acquitted LF, finding that the act did not constitute a crime. The prosecution had requested a sentence of 2 years and 8 months in prison.
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