Guerri has been granted a precautionary measure: banned from business, the Juve Stabia case enters a new phase of investigation.

Naples - Two legal blows on the same day: a near-record for Neapolitan entrepreneur Alfredo Guerri, current president of Juve Stabia, a Serie B football club.

The preliminary investigations judge of the Northern Naples Court has issued a provision prohibiting the company from engaging in business activities. This comes after the seizure in July of over €14,5 million in tax credits and the shares and business complex of Domus and Gold. This order also comes on the same day that the Naples Public Prosecutor's Office ordered the seizure of tax credits amounting to nearly €154 million.

Now the issue is also corporate: it will be necessary to determine whether the ban includes the football club's management positions and, therefore, whether Guerri will be able to continue to exercise his duties as president. The new seizure of €153 million represents a further development of the investigation's assets, already the subject of a separate ruling.

The second stage of the investigation

It's not just the value of the seized credits that marks a new chapter in the Superbonus investigation. The most delicate step, from a judicial and corporate perspective, is the personal precautionary disqualification measure adopted against Alfredo Guerri.

The measure comes just over two months after the Guardia di Finanza's first intervention, when the Giugliano in Campania Group's financial officers carried out a precautionary seizure of over €14,5 million in tax credits deemed non-existent, along with the company complex and shares in Domus srl and Gold srl.

The investigation was coordinated by the Prosecutor's Office of North Naples and alleged aggravated fraud against the State.

The July ruling was the first significant financial measure against the entrepreneur and the companies under investigation. But already then, a factor had emerged that would make the matter particularly delicate: Domus was the company through which Guerri had recently acquired Juve Stabia, a Serie B club.

The news of the seizure had therefore linked the Superbonus investigation with the new ownership of the football club for the first time.

From asset disputes to personal measures

Today the picture changes.
According to the order, the Prosecutor's Office is charging two individuals with conduct that qualifies as aggravated fraud against the State. The investigating judge of the Northern Naples Court found that the conditions for applying a personal precautionary disqualification measure were met.

Guerri was banned from running a business; the professional involved was banned from practicing his technical profession.

This is a judicially different step from the seizure carried out in July.

The July measure was, in fact, a financial measure: the aim was to remove from the interested parties' possession assets and credits deemed connected to the alleged crimes. Today's measure, however, directly affects the suspect's ability to engage in certain activities.

And it is precisely this difference that makes Guerri's position central to Juve Stabia.

The mechanism contested by the Prosecutor's Office

According to the investigative approach, the case originated with a company hired by several condominium owners, as general contractor, to design and execute renovation works eligible for the Superbonus incentives.

Investigators have reconstructed a system in which, even in the absence of the work or in any case in the absence of its actual execution to the extent declared, invoices and documentation relating to the interventions would have been produced.

With the help of technicians who, according to the prosecution, certified circumstances that did not correspond to reality, the certifications of the progress reports were also prepared.

The documentation would then be sent through the channels established by law, including that of ENEA, and subsequently accompanied by the necessary compliance certificates to allow the formation of tax credits.

This, according to investigators, is the point at which the operation would have transformed uncompleted construction projects, or at least not completed to the extent declared, into formally usable tax credits.

The sale and monetization

Once they appeared in the condominiums' tax drawers, the credits would have been transferred to the company linked to the suspect.
This is where the second phase of the disputed mechanism would have started: the transfer of credits to credit institutions and other legal entities, with the consequent transformation of the tax value into economic availability.
This is the mechanism of the so-called credit monetization that investigators had already reconstructed in the July provision.

And it is precisely on the basis of that investigative activity that, according to the Guardia di Finanza's reconstruction, further evidence was gathered leading to the request for the personal precautionary measure granted today by the investigating judge.

From the July seizure to the interdiction measure

The sequence of judicial documents is therefore significant.
In July, the preventive seizure of over 14,5 million euros of credits deemed

unduly generated, together with the corporate complex and the shares of Domus and Gold.
Over the next two months, the investigation continued to delve deeper into the roles of the individuals involved, the corporate relationships, and the system through which the credits were generated and subsequently transferred.

Today, based on the evidence gathered, the investigating judge of Naples North has ordered a personal precautionary measure: Guerri is banned from carrying on business, while a professional is banned from practicing his technical profession.

This is the real judicial leap in this case: from an intervention on assets and credits, we move to a provision that directly impacts the entrepreneur's ability to perform certain functions.

And now what happens to the presidency of Juve Stabia?

This is the point that, more than any other, will need to be clarified in the next few hours.
Guerri isn't just a businessman benefiting from the measure. He's also the owner and president of Juve Stabia, a Serie B football club. The transfer of ownership was formalized last June after the Naples Court approved the acquisition proposal submitted through Domus.

The issue, therefore, is not simply determining what will happen to the business activities directly affected by the ban. It's also important to understand the exact extent of the ban imposed by the judge.

Article 290 of the Code of Criminal Procedure provides that the interdiction measure may include a temporary ban on exercising certain professions, businesses, or even managerial positions within legal entities and businesses, prohibiting, in whole or in part, the activities inherent to such functions.

The distinction is fundamental.

If the preliminary investigations judge's ruling is limited to a ban on engaging in certain entrepreneurial activities, it will be necessary to specifically verify which of Guerri's functions are incompatible with the measure.

If, however, the measure also includes the management offices of legal entities and companies, the effect on the presidency of Juve Stabia would be immediate in terms of the exercise of functions: Guerri would be unable to continue carrying out the management activities covered by the ban for the duration established by the judge.

Losing your office is not the same as not being able to exercise it.

This passage must also be read carefully.
The precautionary interdiction measure is not equivalent to a conviction and does not automatically determine, simply because it has been applied, the loss of ownership of the company shares.

These are two distinct levels: on the one hand, ownership of the shareholding in the company; on the other, the exercise of administrative and representative functions.

Guerri could therefore find himself in a situation where his position as owner of the company remains separate from the concrete possibility of exercising the managerial functions attributed to him.

It will therefore be the content of the ordinance, and in particular the dispositive part, that will establish how broad the ban is and which activities are specifically prohibited.

Juve Stabia, at present, is not the object of the investigation

There is another distinction that must be kept clear.
The investigation concerns business activities and the alleged system for the creation and circulation of tax credits. This does not mean Juve Stabia is involved in the alleged fraud.

Already after the seizure in July, the club had publicly clarified that the disputes concerned matters relating to work dating back to 2021-2022 and that these facts, in the club's position, did not concern or affect the team's activity.

The issue at hand today is therefore different: it concerns the ability of the president who received the measure to continue to exercise the club's top management functions, not the involvement of the sports club in the disputed facts.

The precedent of the judicial administration

The matter takes on even greater weight because Juve Stabia is entering this new phase after a particularly troubled period on a corporate level.

Before Guerri's arrival, the club had been placed under judicial administration as part of the dispute surrounding the previous management. The Court of Naples subsequently authorized the acquisition by Domus and Guerri, allowing for recapitalization and continued operation in Serie B.

The seizure in July had also prompted a coordination between judicial authorities due to the potential repercussions on the football club, since Domus was the company through which Guerri had acquired the club. Now, with the personal ban, the issue inevitably returns to the table.

The 153 million euro seizure is the new asset chapter

Meanwhile, on the financial front, the investigation has produced another enormous result: over €153 million in tax credits have been seized.

According to investigators, these credits were generated between 2021 and 2024 through certifications relating to work partially or never completed at 64 construction sites. The prosecution alleges that the credits were intended to enter the transfer circuit for subsequent monetization.

But this is the new financial chapter of the investigation. The most judicially relevant news, given Guerri's personal position, is the disqualification order.

Because seizure affects assets and credits. Disqualification, on the other hand, directly affects the ability to conduct a business and, if the order also includes management positions, can impact the ability to continue running a company.

And this is precisely the point that needs to be clarified now: what the ban on running a business will actually mean for Alfredo Guerri and, above all, whether and to what extent this ban will prevent him from continuing to serve as president of Juve Stabia.
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It should be noted that the measure was adopted during the preliminary investigation phase. Guerri is under investigation and must be presumed innocent until a final sentence is handed down; the precautionary measure is also subject to the legal remedies available.

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Published by
Joseph Del Gaudio

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