On 27.1.22 the GIP at the Court of Chieti Luca De Ninis ordered the forced indictment of Filippo Antonio De Cecco for fraud in trade on the origin of wheat, ‘in Fara San Martino, at least between April and June 2020.’
Filippo Antonio De Cecco, trade fraud. History
The investigation against Filippo Antonio De Cecco, his trusted purchasing director Mario Aruffo and former quality control director Vincenzo Villani was initiated by the Carabinieri of the Nucleo Anti-Sofisticazioni (NAS) in Latina following a complaint filed by a former executive on 5/28/20. (1)
Various documents-shared in advance on our GIFT site(Great Italian Food Trade. See notes 2,3) – show both the ‘black knight’s’ order to falsify accounting records to rename as ‘Apulian’ 4,575 tons of poor quality French wheat, and the use of:
– nearly 30 thousand tons of North Dakota wheat, in 2019, instead of Arizona and California as stated on labels and advertisements,
– 4 thousand tons or so of semolina supplied by a third party, in defiance of the proclaimed certification of using only self-produced ‘coarse-grained semolina’. (4)
Equivocal relations with the judiciary
‘Equivocal’ relations of Filippo Antonio De Cecco with the judiciary in Abruzzo were also reported, by the writer. With specific regard to:
– Suspected bribery of a former vice-president of the CSM, Giovanni Legnini, through ‘gift’ of a sculpture worth 8,000 euros, in January 2015, (5)
– Hiring as an executive, beginning 2021, of Anna Maria Mantini’s husband. Then head of the Pescara Public Prosecutor’s Office where Filippo Antonio De Cecco is still under investigation for serious corporate crimes, (5)
– organizing the christening party for the daughter of deputy prosecutor at the Pescara Public Prosecutor’s Office Andrea Di Giovanni, the holder of an investigation with Filippo Antonio De Cecco as the complainant, in September 2021. (6)
Trade fraud. Request for dismissal and compulsory indictment
The disgraceful request by prosecutor Giuseppe Falasca to dismiss the trade fraud case was appealed by attorney Miriam Chianese of the Naples Bar on behalf of AssoConsum. (7) And Judge of Preliminary Investigations Luca De Ninis, after the hearing held for this purpose on 9.4.21, finally dissolved his reservation by ordering the prosecutor to compulsorily indict Filippo Antonio De Cecco, Mario Aruffo and Vincenzo Villani.
‘The GIP does not agree with any profile of the grounds for the request for dismissal, as it is contrary to established case law on the matter, and instead believes that the elements acquired:
– on the one hand, would be and are susceptible to the additional insights reported in the notice of opposition to the filing, particularly at letters
(a) analysis of the composition of the grain blends used in the production of pasta, separated by origin, so-called Mix B and Mix A;
(b) findings on the use of wheat grown in North Dakota;
(c) verification of the cataloging of grains purchased by the company at different stages of the production process;
(d) investigations into the purchases also of semolina (in addition to wheat) and the origin of the relevant grains, in light of the declarations concerning the origin of the product and about the milling in Italy of the wheat used for production.’ (8)
Deception on origin and fraud in trade
The Supreme Court of Cassation – in the case law referred to by GIP De Ninis, in the 10-page order on the De Cecco case – clarified that ‘in the subject of fraud in the exercise of trade, in the notion of declaration in Art. 515 Penal Code. also include indications about the origin, provenance, quality or quantity of the goods contained in any advertising message that preceded the material offer for sale of the same, such advertising being likely to mislead the purchaser receiving the aliud pro alio‘. (9)
‘A precise strategy of unfaithful corporate communication’
The preliminary investigation judge then states the ‘certainty‘ by ‘A precise strategy of unfaithful corporate communication‘, precisely because falsification of documents and false claims in labels and advertisements are placed in ‘Concurrent handling of the proceedings instituted by the Competition Authority on a complaint of unfair business practice (for misleading advertising)‘.
‘It is clear that the commitment made to indicate 3 specific countries of origin of wheat–in addition to Italy, also California and Arizona–involves the implicit assumption that these countries and only they are the ones from which the company’s wheat supply is derived.’ (8)
The Antitrust Authority was in turn urged by lawyer Miriam Chianese of Assoconsum to open a new investigation, for the false statements made to the Authority itself and the repeated hoaxes on the origin of the wheat as well as on the ‘De Cecco method‘ with semolina of unknown origin instead purchased from third parties. But the AGCM is still silent, perhaps thanks in part to the influence of the Coldiretti magic circle to which Filippo Antonio De Cecco has since joined. (3)
Interim conclusions
The ‘precise strategy of unfaithful corporate communication‘ hinted at by the GIP must be observed in its actual breadth, which includes a blatant false balance sheet as of 31.12.20, already reported on this site, and the various individuals involved in it. (6) The crime of association is before the eyes of anyone who has the diligence to open them. And it is Consob’s responsibility, among others, to investigate this, in the interest of professional investors, among others. (10)
‘The senior group top managementbody ‘-as defined in the order under review-has besmirched the reputation of Italy’s most prestigious premium pasta brand, with a century and a half of history and the third-largest pasta producer in the world. And the scandals (burning millions in TV advertising investment) will be compounded by the corporate administrative responsibilities that can arise from the crimes under consideration.
Immediate resignations, before forcing receivership, are necessary to secure an industrial group of national interest.
Dario Dongo
Notes
(1) Dario Dongo, Marta Strinati. De Cecco, alleged wheat origin fraud. Prosecutor’s Office investigation. 11/15/20, https://www.greatitalianfoodtrade.it/mercati/de-cecco-frode-presunta-sull-origine-del-grano-indagine-della-procura
(2) Dario Dongo. Spaghetti westerns in the Abruzzese style. Filippo Antonio De Cecco’s film, premiere. GIFT (Great Italian Food Trade). 1.2.21, https://www.greatitalianfoodtrade.it/mercati/spaghetti-western-all-abruzzese-il-film-di-filippo-antonio-de-cecco-in-anteprima
(3) Dario Dongo. Spaghetti westerns in the Abruzzese style. Mr. De Cecco’s pastatrac. GIFT (Great Italian Food Trade). 26.2.21, https://www.greatitalianfoodtrade.it/consum-attori/spaghetti-western-all-abruzzese-il-pastatrac-del-signor-de-cecco
(4) Dario Dongo. Filippo Antonio De Cecco, more trouble from the US to Italy. GIFT(Great Italian Food Trade). 4/29/21, https://www.greatitalianfoodtrade.it/consum-attori/filippo-antonio-de-cecco-altri-guai-dagli-usa-all-italia
(5) Dario Dongo. Filippo Antonio De Cecco and the mysteries of Italian justice. GIFT(Great Italian Food Trade). 10.8.21, https://www.greatitalianfoodtrade.it/mercati/filippo-antonio-de-cecco-e-i-misteri-della-giustizia-italiana
(6) 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, https://www.greatitalianfoodtrade.it/idee/filippo-antonio-de-cecco-nuove-ombre-su-legami-con-la-magistratura-origine-grano-e-bilancio-2020
(7) 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, https://www.greatitalianfoodtrade.it/consum-attori/filippo-antonio-de-cecco-maxi-frode-sull-origine-del-grano-la-parola-al-gip-di-chieti
(8) Court of Chieti, Office of the G.I.P. Proc. n. 24/2021. Order ordering the formulation of the indictment, pursuant to Article 409, Paragraph 5, Code of Criminal Procedure.
(9) Case of the sale of meat that, in advertisements published in a nationally circulated newspaper, was all claimed to have come, contrary to the truth, from cattle
bred in Italy. Criminal Cassation, Third Section, Judgment 27105/2008
(10) In fact, on 12/29/18 Pastificio De Cecco Fara San Martino SpA issued a bond – De Cecco Tf 4.107% Nv 2024 Amort Call Eur – worth € 21 million, managed by the Italian Stock Exchange and traded on the regulated market reserved for professional operators (ExtraMOT Pro)
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
