udienza veneto banca

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Storica decisione che ha premiato gli azionisti e le organizzazioni dei consumatori. Primoconsumo ha ottenuto la costituzione di parte civile  per i propri associati  e per ogni informazione chi lo desidera potrà inviare una richiesta alla e-mail dell’Associazione info@primoconsumo.it e sarà ricontattato.

Leggi il resoconto dell’udienza processo Veneto Banca.

Questa volta la sala “Occorsio” non era disponibile e gli spazi più angusti hanno reso difficile il lavoro di avvocati e consulenti, pressati come sardine nella calca alimentata dalle diverse decine di risparmiatori che si sono presentati all’udienza del processo Veneto Banca. C’era molta attesa per le decisioni del gup Lorenzo Ferri sulla richiesta di costituzione di parte civile delle migliaia di azionisti e obbligazionisti i cui risparmi e il cui capitale – spesso sottoscritto come condizione di accesso a normali finanziamenti – sono stati azzerati. L’attesa non è andata delusa perchè con una decisione storica, che non ha precedenti, il giudice ha ammesso la costituzione di tutti gli azionisti per entrambi i reati per i quali si procede: aggiotaggio e ostacolo all’esercizio delle funzioni di vigilanza delle autorità preposte.

Finora la giurisprudenza costante aveva sempre ritenuto che parti offese di quest’ultimo reato fossero appunto le autorità di vigilanza, mentre questa volta il giudice ha riconosciuto tale condizione a tutti gli azionisti, ritenuti quindi direttamente offesi e danneggiati dall’omessa vigilanza, nel presupposto che senza della commissione di tale reato il loro comportamento e le loro scelte di sottoscrizione delle azioni sarebbero stati o avrebbero potuto essere diversi.

Con questa decisione, ad uscire sconfitta dagli sviluppi processuali è la linea difensiva degli imputati, mentre risultano vincenti, e convergenti, le tesi e le posizioni dell’accusa e delle parti civili.

Un’altra decisione attesa era quella relativa alla richiesta di costituzione della Banca d’Italia e della Consob contestata dalle parti civili le quali hanno sostenuto la loro responsabilità in quanto autorità pubbliche preposte alle funzioni invece omesse, tale da escludere la loro condizione di parti offese. Il giudice ha ammesso la richiesta delle due istituzioni che quindi interverranno nel processo come parti danneggiate.

Un’altra fase di rilievo della lunga udienza di stamane è stata quella relativa alla richiesta di autorizzazione alla citazione dei responsabili civili. Schermaglie giudiziarie e un aspro confronto hanno caratterizzato la battaglia tra difesa e parti civili, con il pubblico ministero in questo caso schierato con la prima in relazione alla richiesta di citazione di Banca d’Italia e Consob.

Secondo gli azionisti e le organizzazioni dei consumatori che li rappresentano, se le funzioni di vigilanza fossero state correttamente esperite, gli atti gestionali di Veneto Banca produttivi del crac e oggetto di imputazione penale non avrebbero potuto essere compiuti o, quanto meno, sarebbero cessati subito alla prima contestazione: “gli enti e gli organismi preposti a tali funzioni – ha osservato l’avv. Giuseppina Massaiu di Primoconsumo – sono responsabili per il fatto del terzo“.

Ciò è stato rilevato anche rispetto al collegio dei revisori dei conti e alle società di certificazione indicati come responsabili da citare in giudizio, oltre a Intesa San Paolo che, sulla base del decreto governativo del 25 giugno scorso, per un euro ha acquistato Veneto Banca e BPVi e che quindi, secondo le vittime della liquidazione operata, deve rispondere in quanto subentrata nelle posizioni attive e passive dell’istituto.

L’elenco della potenziale platea dei responsabili civili è molto ampia, comprendendo anche vari istituti del gruppo Veneto Banca coinvolti o intervenuti a vario titolo nelle operazioni che ne hanno progressivamente minato la solidità.

Sulla questione il giudice dell’udienza preliminare ha posto la riserva che scioglierà nella prossima seduta del 26 gennaio. Se venisse accolta la richiesta delle parti civili, Consob e Bankitalia sarebbero al tempo stesso parti civili e responsabili civili, una condizione anomala, ambivalente e, per certi versi, innaturale che lo stesso pubblico ministero ha contrastato.

Tra le questioni preliminari sollevate rimane da affrontare quella sulla competenza territoriale prospettata dai difensori di alcuni imputati i quali pongono dubbi sul momento in cui si sarebbe consumato il reato, momento che, per quanto riguarda l’ostacolo alla vigilanza, atterrebbe alle interlocuzioni e alla consegna di documenti a Bankitalia avvenute a Roma, ma il punto è controverso anche per la varietà e la complessità degli atti e dei comportamenti oggetto del procedimento.

Undici in tutto gli imputati. I più importanti sono l’ex amministratore delegato ed ex direttore generale Vincenzo Consoli e l’ex presidente Flavio Trinca i quali hanno da tempo annunciato che in caso di rinvio a giudizio affronteranno il dibattimento con rito ordinario. Gli altri nove imputati sono Diego Xausa e Michele Stiz ex componenti del collegio sindacale; Stefano Bertolo ex responsabile della direzione centrale amministrazione dal 2008 al 2014; Flavio Marcolin ex responsabile degli Affari societari e legali; Pietro D’Aguì, al vertice di Banca Intermobiliare; Gianclaudio Giovannone, titolare della Mava; Mosè Fagiani ex responsabile commerciale dal 2010 al dicembre 2014; Massimo Lembo, ex capo della Direzione Compliance; Renato Merlo direttore delle banche estere.

I reati contestati sono aggiotaggio e ostacolo all’esercizio delle funzioni delle autorità pubbliche di vigilanza.

1.004 commenti su “Processo Veneto Banca:ammessa la costituzione di parte civile di tutti gli azionisti sia per l’aggiotaggio che per l’ostacolo alla vigilanza.”

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