The Public Prosecutor’s Office at the Court of Chieti has finally ordered the indictment of Filippo Antonio De Cecco for trade fraud.
A well-deserved success for AssoConsum and its tenacious advocate Miriam Chianese, but
also an opportunity to reflect on a critical area of the country-system, legality.
1) Filippo Antonio De Cecco, the prosecution.
Filippo Antonio De Cecco-along with purchasing director Mario Aruffo and Vincenzo Villani, then quality manager of the world’s third-largest pasta producer-was subjected to compulsory indictment by order of the GIP (Giudice per le Indagini Preliminari) at the Court of Chieti, as noted. (1)
The trade fraud emerged following the discovery of a substantial discrepancy between the origin of wheat declared on the label of De Cecco pasta and its actual origin. 4,475 tons of French wheat (worth about € 1.4 million) had in fact been ‘retargeted’ as ‘origin Italy‘ on the orders of the ‘black knight’.
2) Trade fraud on De Cecco pasta.
2.1) Origin of wheat. France indeed ‘Italy‘
Therefore, the origin of the wheat used in the Fara San Martino and Ortona pasta factories was false. And the food was ‘different in quality in that it was falsely stated on the packages that the raw material used was wheat from California, Arizona and Italy while, for about 7 percent, 4,475 t wheat from France was used.’
The crime was allegedly committed in Fara San Martino and Ortona ‘at atime after and close to 13.2.20.’ Prosecutor Giuseppe Falasca-who had already tried to cover up the investigation (1)-thus increases the likelihood of the statute of limitations for the crime by failing to refer to later periods when the trade fraud actually occurred with consumers. (2)
2.2) North Dakota indeed ‘California‘, Casillo semolina instead of De Cecco.
The GIP had, moreover, ordered the reluctant PM to extend the investigation to:
– 30,000 tons of North Dakota wheat (value € 8.6 million approx.) passed off as ‘California‘ and ‘Arizona‘, of which also extensive documentation has emerged (3.4),
– classification and registration of grains of different origins at various stages of the process. Just to see if ever a single ounce of ‘California‘, falsely decried everywhere, was used,
– use of semolina already processed by others, such as industry leader Casillo, instead of the wheat to be specially milled according to the infamous ‘de Cecco method.’ However, these issues continue to be ignored.
3) F.lli De Cecco S.p.a., administrative liability for crime
F.lli De Cecco S.p.A. is in turn held administratively liable for the crime of trade fraud committed in its interest by the president and his followers. Under Law 231/2001 (Articles 5.1.a, 6, 25-bis), the existence and significance of which is still overlooked by many. (5)
The ‘ organizationalmodel‘ that is supposed to ensure effective governance of the entity and thus prevent the possible commission of crimes has failed miserably, as other events also show. (6)
Rather, the ‘precise strategy of unfaithful corporate communication,’ asserted by the GIP in his order of compulsory indictment, recalls the pattern of a criminal conspiracy. (1) But PM Giuseppe Falasca, ça va sans dire, ignores.
4) The Day of Judgment
Justice in Abruzzo follows different timescales than in Italy, perhaps due in part to Filippo Antonio De Cecco’s influences on some of its members (7,8). And so it was that three years flew by, between the timely investigations of the NAS (Nucleo Anti-Sofistication Unit) at the Carabinieri Corps and the first hearing at the Chieti Criminal Court set for 3.5.23.
Among other things, the trial is likely to be settled, before the opening of the trial, by the application of a sentence reduced by up to one-third at the request of the parties. The fateful ‘plea deal’ that was recently used by Italian Food SpA, Petti Group, to define a trade fraud on 4,477 tons of canned tomatoes and semi-finished products (9,10).
Interim conclusions
Does crime pay? Unfortunately, yes, even in Italy, to the extent that:
– the judiciary does not effectively and timely follow up on the inspection activities of supervisory bodies. Without following up, as in the De Cecco case, on other clues that could lead to charges of other crimes, including associative crimes,
– other public oversight bodies (e.g., Antitrust, Consob) do not take action to protect consumers, investors, and markets (food and financial). Also vis-à-vis private auditing bodies, in the certification of financial statements and quality systems,
– consumers, trade unions and civil society in turn do not demand the removal of top management of companies involved in fraud, or their commissioning, to ensure the restoration of legality.
Dario Dongo
Notes
(1) Dario Dongo. Filippo Antonio De Cecco, forced indictment for trade fraud. GIFT (Great Italian Food Trade). 28.1.22,
(2) Dario Dongo. Spaghetti westerns in the Abruzzese style. Filippo Antonio De Cecco’s film, premiering.. GIFT (Great Italian Food Trade). 1.2.21,
(3) Dario Dongo. Spaghetti westerns in the Abruzzese style. Mr. De Cecco’s pastatrac. GIFT (Great Italian Food Trade). 26.2.21,
(4) Dario Dongo. Filippo Antonio De Cecco, maxi-fraud on the origin of wheat. Chieti’s GIP has the floor. GIFT (Great Italian Food Trade). 8.4.21,
(5) Dario Dongo, Pier Luigi Copparoni.
Corporate administrative responsibility in the food supply chain.
. GIFT (Great Italian Food Trade). 21.6.18,
(6) Dario Dongo.
Filippo Antonio De Cecco, more trouble from the US to Italy.
. GIFT (Great Italian Food Trade). 29.4.21,
(7) Dario Dongo.
Filippo Antonio De Cecco and the mysteries of Italian justice.
. GIFT (Great Italian Food Trade). 10.8.21,
(8) Dario Dongo.
Filippo Antonio De Cecco, new shadows on ties to the judiciary, wheat origin and 2020 budget.
. GIFT (Great Italian Food Trade). 14.11.21,
(9) Dario Dongo. Petti canned tomatoes, trade fraud. Maxi-sequestration of RACs. GIFT (Great Italian Food Trade). 26.4.21,
(10) Gabriele Buffoni. Italian Food, plea deal after Scarlet investigation. The Tyrrhenian. 7/15/22, https://www.iltirreno.it/piombino/cronaca/2022/07/15/news/italian-food-patteggiamento-dopo-l-inchiesta-scarlatto-1.100053086
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
