Fraudulent bankruptcy charges dropped: 53-year-old Montesarchio businessman acquitted

Benevento – The legal case involving a 53-year-old entrepreneur from Montesarchio, who was tried before the Benevento Court on serious charges of fraudulent bankruptcy, has ended in an acquittal.

The Sannio judges, fully accepting the defense arguments put forward by attorney Vittorio Fucci, reclassified the original charge as the less serious offense of simple documentary bankruptcy, effectively declaring that proceedings were not necessary due to the statute of limitations. The statutes of limitations for simple bankruptcy are, in fact, significantly shorter than those for fraudulent bankruptcy.

The defendant was brought to trial in his capacity as director and liquidator of "SiRE Srl in liquidazione," a company declared bankrupt by the Court of Benevento. According to the initial prosecution, he allegedly stole the company's accounting books and documentation with the intent of obtaining an unfair profit and harming creditors, making it impossible to reconstruct the company's assets and turnover.

Specifically, the failure to deliver crucial accounting documents was contested - including the inventory book, the financial statements from 2013-2014 onwards, the general ledger and the VAT registers - in spite of the mere submission of the shareholder books and the minutes of the meetings.

The defense strategy, however, succeeded in demonstrating that the contested conduct did not lead to a fraudulent and voluntary plan, leading the court to reclassify the fact and to sanction the end of the criminal proceedings for the Caudine entrepreneur.