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The records of the inquiry confirm that Scaglia has nothing to do with the Phuncard operation

“Silvio Scaglia? I have never met him” Carlo Focarelli told prosecutors on May 24. But there’s more to it. Focarelli added: “When Globestream was founded, I decided to thank Zito by paying 3M Euros in his account, that is, a part of the profits coming from the provision of content”.

Moreover, answering prosecutors’ questions about ‘’other beneficiaries of his thank-you’s”, Carlo Focarelli replies that nobody at Fastweb benefited from that money and no money has ever been paid in Fastweb’s accounts.

As we can see, the truth that has so far been distorted by rumours and speculation is finally coming out from the records of the inquiry. Any clarification is more than welcome as stated by Scaglia’s lawyers below.

Statements from Silvio Scaglia’s lawyers: the Phuncard business operation was not set up by Scaglia”

Milan – September 2010. With regards to what has been published by the press, Scaglia’s lawyers, Pier Maria Corso and Antonio Fiorella, would like to state that:

1)      The Phuncard operation was not set up by Silvio Scaglia. As stated by Scaglia himself during his interrogation by prosecutors on April 12: “Between 2001 and 2003 I have taken care of the stragegy. I have never personally dealt with business contracts”.

2)      Silvio Scaglia has never met Carlo Focarelli, as confirmed by Focarelli during his interrogation on May 24: “I have never met Scaglia in my life. I have only met Emanuele Angelidis, Bruno Zito and some other people from Fastweb”. Focarelli explains that he met Zito through Andrea Conte “who sent me to Zito in Milan”.

3)      The decision of taking up the business of prepaid cards was made after checks were carried out by an internal committee chaired by Carlo Micheli and after Prof. Guido Rossi gave the go ahead. This is confirmed by an email from Micheli dated 30 July 2003”I don’t see why we shouldn’t go ahead with these activities during the month of August within the limits set by Prof. Rossi while waiting for the Board meeting”.

4)      Therefore, the claim that “the decision was made by Scaglia has no grounds”.

We look forward to the trial where we will demonstrate that our client is totally innocent.

There might be a turning point in the Telecom Italia-Fastweb probe. According to sources from the Court in Rome, prosecutor Giancarlo Capaldo has requested an immediate trial for 37 suspects, among which feature Mr. Scaglia.

All Fastweb and Telecom Italia’s former managers feature on the list along with Gennaro Mokbel and various people close to him. As for Telecom Italia, the request for immediate trial also regards former CEO, Stefano Mazzitelli and Massimo Comito responsible for the European markets. As for Fastweb, besides Scaglia, other people feature on the list, including Giuseppe Crudele from the business-consumer division, Bruno Zito, responsible for large accounts, Roberto Contin member of the board and Mario Rossetti former CFO.

The request for immediate trial has been submitted by prosecutors Giancarlo Capaldo, Francesca Passaniti, Giovanni Bombardieri and Giovanni Di Leo.

Charges range from transnational tax fraud and money laundering to fictitious heading of assets, from reinvestment of illegal profits to the commissioning of criminal acts against the state.

Now it’s up to magistrate Luisa Paolicelli to decide on the request made by prosecutors in the next 5 days.

Dear Monica,

After reading your letter published in “Il Corriere della Sera”, I feel the need to write down my thoughts hoping that this nightmare will end soon. Mario and I have understood that the worst thing for those people deprived of freedom is that days all look the same and you are not able to make plans for the future. You realize that there is a huge difference between the times of justice and the times of an individual deprived of freedom, especially if you have small children to look after. Then I wonder: why should one be punished before the case has been proven? Why does the Italian legal system work this way?

Despite all this, Mario and I believe in Justice. We trust that the truth will come out in court. However, what needs to be stressed over and over again is that the concept of being innocent until proven guilty only works in theory: all suspects should be considered innocent until proven guilty. This inquiry has not followed this logic.

My husband has learned to be patient over the last few months. That is the only remedy to his predicament. If you feel at peace with yourself you can overcome anything. What he suffered most for is being away from his children. It was not easy to answer their question: “Dad why are those men taking you away?” Now Mario spends all his time reading, working out, trying to keep some kind of mental balance. He also looks after the children, all three of them, especially the little one who is only 2. He has also working on a social project to help out prisoners and their families. Once you have gone through such an experience you will never forget it. And those who have the chance to do something should help out others living in that predicament. Despite what’s happened to us, we know we are luckier than other people as we can make our voices heard and get newspapers’ attention, which is something the majority of prisoners waiting for a trial can only dream of. Not to mention the fact that many of them cannot afford a good lawyer. To them Mario devotes his time as an innocent person trapped inside four walls.

A letter from Monica Aschei, Silvio Scaglia’s wife, and two cartoon sketches by Vincenzo Vincino were published in “Corriere della Sera” on August 1^st. Both had already been published on our blog which will also feature new sketches from Vincino soon. Also coming soon will be comments from other opinion leaders on Scaglia’s right to freedom while waiting to prove his innocence in court. Below is the letter from Silvio Scaglia’s wife to “Corriere della Sera” editor-in-chief.

“Perhaps it is his deep sense of duty that enables Silvio Scaglia, my husband, to persevere in the face of this absurd situation. His mindset as an engineer leads him to comply with the orders of the authorities, believing that there must be some valid reason for them. Whatever the explanation, my husband, who has been under house arrest since May 17^th in our house in Antagnod, in the Aosta Valley, complies strictly with the provisions imposed by the magistrate: an absolute prohibition of any contact with the outside world, with the exception of myself. He cannot even step onto the balcony and breathe the fresh air: the stunning silhouette of the mountains remains out of reach, behind a glass pane. Like a mirage. It has become a symbol of the freedom that has been taken unjustly from him.

It is not easy for me to explain how Silvio has changed in the course of these 160 terrible days. His stubbornness and sense of duty remain unchanged. As does his respect for justice, both for the Justice spelt with a capital J and for the more petty form that our family has experienced since last February – a justice that has disappointed me profoundly, particularly from a human point of view. I find it absurd that, in our legal system, we speak of presumption of innocence. My husband is innocent and will prove his innocence before the competent authorities.

Beyond the legal objections, what has hurt me most is the total lack of respect for him. By the series of big and small abuses of power he has suffered and by the promises not kept, as if he is being punished for his decision to make himself available to authorities, unconditionally, when he returned to Italy to do his duty as a citizen. It was a spontaneous decision, which we took together without hesitation. And I am certain that he would do the exact same thing now, again, despite what he has been through. I understand that. But I cannot forget that yesterday  my brother got married and Silvio was not there with me.

So, in a way, Silvio has not changed. This is his first victory. Somebody with his will and beliefs cannot be broken. And he is also sustained by his unflagging intellectual curiosity. His compulsory ‘free time’ has given him the opportunity to read a lot, to study Chinese, to reflect on his business strategies. Trapped inside those four walls, he has not lost his desire to explore new territories. In this respect, Silvio has not changed.

But under the surface of this disciplined engineer, those who know him well can see that something has changed: he is more forgiving of other people, beginning with his managers, who know just how demanding Silvio can be of himself and of others. Now that he unable to communicate with them, he sees the full importance of having created a real team, strongly united and able to act on his intuitions. Who knows, maybe this experience, far from breaking his strength and his spirit, has made him complete, both as a man and as an entrepreneur.

Now, I do not intend to dismiss the seriousness of what we are going through. Silvio has been deprived of his freedom for five long months. For the past eighty days, spent pacing around in those four walls, he has been denied any time outside, which he was entitled to even when held in jail. His confinement strongly limits his ability to defend himself. And it remains unclear whether he will be able to defend himself in trial as a free man, to defend himself against accusations that are unsupported by any evidence.

In short, his is a story of extraordinary injustice that has denied him something invaluable: his freedom. I am not as patient as Silvio and just thinking about the situation makes me tremble with rage. Then, luckily, I think back to something that happened last week: a bulb burned out, Silvio changed it and gave me the dead one to dispose of. “Should I put it in the recycling bin?”, I asked. He glared at me and said: “I never want to hear that word ever again: in my house the word recycle is banned”. And we laughed, for in Italian ‘riciclare’ means both to recycle and to launder money. It was a liberating laugh as we wait for justice to slowly make its way back.”

Monica Aschei Scaglia from the blog: www.silvioscaglia.it

In the order for preventive custody against Mr. Scaglia, the magistrate argued that there was a risk of “repeating the crime”. What escapes us is how Mr. Scaglia could possibly commit any crime since he has not held any operational role at Fastweb for years. The truth is that Mr. Scaglia has nothing to do with the money coming from the tax fraud. On the contrary, Fastweb and Mr. Scaglia are both victims of a well-orchestrated fraud.

The risk of repeating the crime? Scaglia could not not have known! “You know” “I'm sorry but I still know nothing” “You see, there you go again not knowing!”

Scene 1: The danger of escape

Starting today the blog will host a new, prestigious contributor, Vincino, one of Italy’s most well-known satirical authors who has for years commented on the Italian situation through his cartoons.

Vincino has agreed to tell the story of Silvio Scaglia who has been in preventive custody for 150 days now, although there is no hard evidence against him. First of all, Vincino wondered why Scaglia, after spending 90 days in prison, is still under house arrest. There are no reasons for refusing his release according to the criminal code: there is no danger of escape (Scaglia came back from abroad as soon as he heard about the investigation); there is no danger of tampering with evidence (the facts date back to three year ago) and there is no danger of repeat crime as Scaglia has no links with Fastweb anymore. That’s all we need to say here. Convinced that pictures speak louder than words we give the floor to Vincino.

- The risk of flight? The real risk in Scaglia's case is the risk of flying back. - "Oh no! Scaglia's back again!" - Every time they released him, he took the first flight back.

Silvio Scaglia, founder of Fastweb and Babelgum’s shareholder, turned himself in to the judicial authorities on February 26 to clear his position with investigating prosecutors. He could have waited by sending his lawyers ahead but instead he promptly turned himself in believing he is in the right.

Over five months have passed since then: Scaglia spent 90 days in prison in Rebibbia and was then placed under house arrest in Val D’Aosta on May 17. In the meantime, his innocence has been put on the back burner by the media that paid greater attention to more appealing news.

For this reason, and also to reaffirm that Silvio Scaglia has nothing to do with the charges brought against him, this Blog would like to retrace the developmental stages of this Kafkaesque affair for friends, acquaintances, the media and the public opinion. We will do that in a new, unconventional and debunking way, as we are convinced that the truth can be told with a bit of humour even when it concerns the sensitive sphere of individual freedom. This is because Silvio Scaglia is still under preventive custody waiting to defend himself in Court (although there are no pre-conditions for preventive custody that is, danger of escape, danger of tampering with evidence and danger of repeat crime).

We better say no more. Tomorrow is the day. Visit the blog tomorrow.

Monday July 26^th, Scaglia “celebrates” his fifth month of pre-trial custody.

Giancarlo Capaldo, public prosecutor in the Fastweb-Telecom Sparkle investigation, did not submit to the magistrate’s office the request for immediate trial for the 56 indicted persons. It actually seems certain that the public prosecutor, who is responsible for the most sensitive investigations of the prosecutor’s office in Rome, intends to wait at least ten days before closing the preliminary investigations to carry out additional enquiries. This decision has led many attorneys to set aside the petition for the replacement of magistrate Aldo Morgigni (on holidays since July 22^nd ) and, as a result, the applications against the request for immediate trial,  which the public prosecutor (and the daily papers) had hinted at on several occasions and which is now, however, no longer a foregone conclusion.

After ascertaining the difficulty in obtaining an immediate trial (which requires “direct evidence”)  against the indicted persons, and particularly the ones charged solely with tax fraud, the investigating officers may have decided to adopt a different strategy and opted, for some of the indicted persons, for the standard procedure. In this case, release could be obtained after 6 months of pre-trial custody for lapse of time: for Silvio Scaglia this would be on August 26^th next.

Other than in terms of the procedural tactics, the question remains as to the benefit for the investigating officers offered by the extension to that date of pre-trial custody for Mr Scaglia, who is under house arrest since May 17^th in Ayas, after over 90 days in prison. Not to mention the fact that all these months represent a more than adequate period of time to perform all the inspections required.

The Italian justice system is going through a very sensitive phase. And to make matters worse, the Constitutional Court is now also fuelling debates. In the last few days, in fact, the Court ruled that the judge will no longer have the obligation to order pre-trial custody for individuals charged with sexual violence, even against minors.  It does not help, there is no risk, there is no danger. And the reason for this? Salvatore Tramontano provides a convincing explanation in the daily paper Il Giornale: “The justice system is suffering from ‘audience fever””.

In short, it is only worth its while to prosecute the VIP defendants, the really famous ones. And what about the others? They can go their own way. Thus, it is better to take it out on Silvio Scaglia, than – as reported in recent days news – with Castriota, a narco-trafficker boss in the Milan area, already convicted to 30 years, who was released because he suffers from priapism. No need to say that after half a day of house arrest, Castriota disappeared. Oh well, there goes another fugitive, whom the papers are not going to worry about. As probably won’t the prosecutor officers, considering that they are very busy as it is. For example with Silvio Scaglia, who promptly reported to the investigating officers (too promptly actually, as it was a Friday night and Mr Scaglia did not realise that the week end is sacred for the justice system) and who remains, without complaining, under house arrest in Val d’Ayas since May 17^th; without even opening the windows of his house, so as to comply with the restrictions imposed by magistrate Aldo Morgigni.

Truth is, in short, that VIP arrests are fruitful. They capture public attention. “The public prosecutor gets the headlines in the papers, becomes famous; in some cases he falls in love with the TV showgirls and ends up in gossip magazines”.

Is this justice? That’s what Tramontano is asking himself. And we ask ourselves the same question.

Morgigni, the judge for preliminary investigations in the Telecom Italia- Fastweb probe, has no intention of withdrawing himself from the case, as requested by several defence laywers, if the public prosecutor decides to proceed to an immediate trial.

It is therefore likely that Morgigni will start assessing the requests for an immediate trial signed by prosecutor Giancarlo Capaldo in the next few hours. It will be a race against time considering that Morgigni will go on holiday on July 22^nd. Since he will have to go over the files relating to 56 indicted persons, we can infer that the judge will have to read thousands of pages in 10-12 hours before he can gather hard evidence against the indicted persons that the law requires for an immediate trial. One of the consequences of the immediate trial is that a new order of remand in custody will be issued as, for example in Scaglia’s case his remand in custody will expire on August 22.

A final decision on immediate trial is likely to be announced soon and it is also likely that the defence lawyers who have asked for Morgigni’s withdrawal from the case will soon appeal to the Court of Appeals to replace the judge. Valerio Spigarelli (Aurelio Gionta’s defence lawyer), Antonello Giudice and Massimo Lauro (Luca Berriola’s defence lawyers), Fabrizio Merluzzi (defending Massimo Mazzitelli, CEO of Telecom Italia) and Ambra Giovene (the defence lawyer of Gennaro Mokbel and his wife Giorgia Ricci) will request Morgigni’s immediate replacement. It is very unlikely however that their request is upheld by the Court. Also, pm Rita Bernardini’s request for clarification with regards to Morgigni’s role in the Telecom Italia-Fastweb probe has gone unheard. Bernardini in a letter to the Minister of Justice Angiolino Alfano dated July 14 asked “why is Morgigni only dealing with the Fastweb probe rather than with all the cases he had been handed over by Palolicelli who is currently sitting on the selection board of magistrates”.