Showing posts with label ORG.NI CRIMINALI. Show all posts
Showing posts with label ORG.NI CRIMINALI. Show all posts

Sunday, April 20

WORSE THAN THIS IT IS IMPOSSIBLE. BOSNIA TODAY.

As if they had woken from a years-long sleep, this February, thousands of citizens of Bosnia and Herzegovina took to the streets to say they had had enough of the country’s incompetent and hypocritical politicians, their corruption and their dubious accumulation of much personal wealth. 

The Molotov cocktails that some of them threw were a strongly worded “message in a bottle” to the political class – a forceful rejection of the prevailing view in Bosnia that politics exists chiefly as money-making business - not as a way to improve ordinary people’s lives. 

Months on, what has really changed? Aside from the resignations of a few cantonal governments - almost irrelevant to the overall situation - none of the protesters’ demands has been met. No major corruption cases have been opened, nor is there any sign of a review of the dodgy privatization processes that destroyed so many companies and left thousands of people jobless.

Nothing much has changed in the way that Bosnia’s politicians use the media, or in the way that they operate in the two entities, which is where the real power and money in Bosnia lie. Started by several hundreds workers of formerly successful, now destroyed, companies in Tuzla, the protests soon attracted thousands of others all over the country.

It seemed as if people had been only waiting for an opportunity to go onto the streets and declare that the authorities were all thieves. But, the expectations of significant change lasted only for a few days. Esad Bajtal, an analyst and professor, recently said in an interview that it was hard to say what concrete changes people had achieved, although they had opened the door to future possibilities. 

“For the first time, citizens came out as citizens, for the first time a rebellion had no national, ethnic or faith-based framework, and for the first time the participants spoke using human rhetoric,” he said. “For now, that would seem to be the only known, tangible gain of those events.” 

Bajtal argued that the protests were entirely justified, as the politicians had not listened to people, even when they held peaceful protests before the February events, when they demonstrated their deep dissatisfaction without resorting to violence.

“It should be determined how and why it came to violence and who needed it, because this was automatically constituted as a basic element in the politicians’ self-defence - which declared the protesters hooligans, ruffians and gangs even drug addicts,” he said.  Adnan Hamidovic Frenkie, a popular hip-hop musician from Tuzla, said that as time goes by, one has to conclude that the people lost this particular battle. 

“From this distance, I don’t think we achieved much,” he said. “With the government – it’s like in a casino – the house wins always at the end of the day.” “We won the first round,” he added, referring to the beginning of the protests, “But then came other [rounds] and now we lost. We have seen that we can do something, but also that nothing can be changed overnight.”

As the protests spread from Tuzla in early February, so did the formation of so-called plenums of citizens, which aimed to bring all people together to voice their common demands for change. With the goal of forcing out the politicians and bringing social and economic issues to the forefront, plenums promised to be places where democracy was practiced first hand. 

With the passage of time, it may become clearer what went wrong with plenums and why they failed to attract those same thousands of protesters. 
Roughly a hundred people were present at the last session of the Sarajevo plenum, and only few hundred took part in the “plenum of all plenums”, which was held in front of the Federation entity government and demanded its resignation. 

While waiting for the Federation government to resign, which is now highly unlikely, or for the formation of new cantonal governments, the interest of citizens in plenums has flagged. There are 15 plenums currently active in different towns in Bosnia’s Federation entity. Thousands of demands have been sent to municipal, cantonal and entity institutions.  

But, with only a small number of supporters and participants, plenums do not look like tools for real change, especially as they now seem focused on the cantonal level of government, which at the end of the day cannot address the years-long problems the whole country suffers from.

“Important changes in this country are possible only as a consequence of constitutional changes at the top, regarding the whole of Bosnia and Herzegovina and the highest state structures,” Bajtal said.  Compared to that, changes at the cantonal level have been compared by some to putting perfume on top of a garbage dump. The first successes, when people bared angry teeth and alarmed the politicians, seemed to push people to do more, but “more” never happened. 

Tuzla Canton is the only one that has moved forward, following the February resignation of the cantonal government. A new “expert” government has been formed there. In some other cantons there have been a few changes, such as abolishing the rights of politicians to continue receiving salaries for a year after their terms end.

While a few dozen determined people still protest every day in Sarajevo and elsewhere, the plenums keep working away, adding to their lists of demands. In Sarajevo Canton, however, there is no sign of a new government that would be in any position to implement them, even if it wanted to. 
One problem with the protest movement is that it lacked a leader and an ideology.

The result was dozens of different demands, ranging from reviews of privatization processes to curbing corruption and enacting constitutional changes, changing the 1995 Dayton Peace Accords. Since many of the demands were so general, many of the politicians did not feel any particular responsibility for dealing with them, but just used them to continue their usual practice of accusing one another. 

“No social movement in European history ever succeeded on the basis of liberal anarchism,” Ivo Komsic, philosophy professor and Mayor of Sarajevo, observed recently. “Such movements fall apart because they cannot systematize all social demands nor can they direct the methods of their activism,” he added. “The current governments will surely draw lessons from this insurgency, but it is just as important that lessons be learned by the citizens as well,” he concluded.

Elvira M. Jukic, Sarajevo Bosnia

Sunday, February 2

STRETEN JOCIC IN CHARGE 40 YEARS PRISON

The Organized Crime Prosecutor's Office proposed to the Belgrade Special Court to find Sreten Jocić guilty and sentence him to 40 years in jail.

He is charged with organizing the murder of Ivo Pukanić, owner of Croatia's weekly Nacional, and his associate Niko Franić in Zagreb on October 23, 2008.

The prosecutor proposed in the closing statement that Belgrade-based members of "Jocić's team" - Željko Milovanović, the perpetrator of the murder, and Milenko Kuzmanović, who was in charge of the logistics support, should be sentenced to 40 years and no less than 15 years in jail respectively.

Deputy Prosecutor Jovica Jovanović said that Jocić organized the murder of Pukanić on the order of an unidentified person for the sum of one and a half million euros, stressing that the motive of the murder was gain.

The Organized Crime Prosecutor's Office said in the closing statement on Wednesday that it has been proved who committed the assassination, but it is difficult to reach the one who ordered the murder.

The Prosecutor's Office believes that during the four-year process the allegations of the indictment have been proved, including that the motive of Pukanić's murder was his reporting about the international tobacco smuggling and his testimony before a European court.

Milovanović was sentenced in Zagreb last year to 40 years in prison for planting an explosive device that wounded Croatian journalists.

The Serbian Prosecutor's Office is charging Kuzmanovic that he and Zagreb-based members of Jocić's group should have provided passports for escape after the murder.

Croatian members of Jocić's group Robert Matanić, Luka Matanić, Amir Mafalani, Bojan Gudurić, Slobodan Đurović and Milovanović stood trial in Zagreb.

In the first-instance proceeding, they were sentenced to a total of 150 years in prison, and the Croatian Supreme Court reduced the sentence last April to only two years

Monday, September 16

SARIC,KELMENDJ,OSMANI BEWARE JUST ARRIVE NOTHING!

The document was signed in Sarajevo by Bosnia's Minister of Security Fahrudin Radončić, Serbian Prime Minister and Interior Minister Ivica Dačić and Montenegrin Interior Minister Raško Konjević. In a joint statement, the ministers confirmed the intention to continue regional cooperation in the fight against organised crime and all forms of terrorism. Addressing a news conference, the Serbian prime minister said that in this context, the EU sees the Western Balkan region as one whole, which is only logical since organised crime rings comprise citizens of all countries in the territory of former Yugoslavia
Dačić said that Serbia, Bosnia and Montenegro have successfully set up a joint front to counter activities of such rings. “Individually, our capacities are rather limited, but together, our voice is stronger,” he said and noted that this is especially important in the case of false asylum seekers. Dačić said that a reintroduction of EU's visa regime for Western Balkan countries would be "fatal" for their EU integration process, and he called on EU members to cancel the privileges which induce false asylum-seekers to seek asylum there

Radončić said that his talks with Serbian and Montenegrin officials covered the necessary measures which need to be carried out in the field so as to overcome the challenges which the three Police services in the region are facing, with a view to increasing the security of citizens in the entire region ".

The officials attached major importance to the reinforcement of cooperation in the fight against organised crime, implementation of joint measures in prevention, identification and fight against terrorism

“Thus we clearly showed that through Police cooperation and exchange of information, we can efficiently counter organised crime,” Radončić said. He reiterated that such an approach led to several successful actions in which the Police arrested members of crime rings in a number of regional Countries. 

Radončić underscored that Bosnia, Serbia and Montenegro are firm in their commitment to the EU integration process, and added that through positive regional relations, they wish to show they can be reliable partners to the EU. He said that the three countries intend to set up efficient and timely exchange of information in the fight against cross-border threats and modes of international crime through the Joint Centre for International Cooperation in Trebinje, Bosnia. 

Montenegrin Konjević confirmed that his country is willing to continue with the regional Police cooperation. He also suggested that a regional firefighting center should be set up in Montenegro that would be in charge of coordination of efforts in the fight against natural disasters.

Friday, June 14

WHAT DO YOU THINK: WILL BE ARRESTED OR NOT? YES'LL!!


Aleksandar Vucic, the serbian First deputy Prime Minister announced at the beginning of the year that Darko Saric would be arrested until June. He then said that ‘Serbia has very good cooperation with all significant European and world Intelligente Services in an attempt to locate Saric. 

"There is no doubt that Darko Saric his testifying might have effects on the security and political situation in Serbia. The latest information that Serbian police have indicate that Saric is in Montenegro where he has been hiding for several months already. 
The ‘Balkan Warrior’ INTERPOL' action,  launched in October of 2009, was aimed on confiscation of drugs and arrest of many Saric’s associates. In the meantime charges have been raised against him and his associates for smuggling of more than five tons of cocaine for more than 200 million Euros.

Villas, apartments and companies that Saric had in Serbia have been confiscated and the majority of his associates have signed with Serbian prosecution agreement on pleading guilty for shorter prison sentences in return. Darko Saric’s messages are being conveyed by several of his people and they are sent to the most influential individuals in Serbia powerful enough to be included in those negotiations. "Saric is sending his people from Montenegro to Serbia and they are trying to make the best possible deal for their boss".

Wednesday, June 5

DARKO SARIC WANTED ALL OVER THE WORLD


Serbia is searching "all over the world" for the suspects in a case of cocaine smuggling from South Africa - Darko Šarić and Rodoljub Radulović - and the country is cooperating with international services on that, the Serbian prime minister also told the conference.  When asked whether Serbia is looking for Šarić, Radulović or anyone from the so-called Šarić gang in Russia, Dačić said: "We are searching for them across the world. So, we are certainly looking for them in Russia. It would not make any sense to tell you anything more. Thus, we were talking that we were looking for Šarić in South Africa, which was a clear message to him to flee South Africa.“ 

Asked what the Serbian government had done to prevent the smuggling of heroin from Afghanistan through Kosovo, Dačić said that the government "cannot do much" because under the provisions of UN Security Council Resolution 1244, the Serbian police is not present in Kosovo and Metohija. 

He added that the EU and UN missions there, EULEX and UNMIK, are "under obligation" to cut the drug smuggling routes. Dačić then stressed that "Russian, British, German, and American services are aware" that the so-called Albanian Mafia holds an important place among European "narco-mafias", and pointed out that Naser Kelmendi was "not the only one hiding from justice in the territory of Kosovo." 

Asked why Serbia failed to arrest Kelmendi - an ethnic Albanian from Kosovo who holds the passport of Bosnia-Herzegovina - Dačić said the suspect was not a citizen of Serbia, and that he was hiding in Kosovo "probably counting on not being extradited, especially to the countries that do not recognize Kosovo." 

The conference in Moscow today in organized by the Federal Drug Control Service (FSKN) of the Russian Federation and the Drug Enforcement Agency (DEA) of the United States. The gathering brought together officials from over 100 countries, and Russian President Vladimir Putin is also attending. 


The opening addresses were delivered by FSKN Director Viktor Ivanov, DEA Director Michele Leonhart and United Nations Office on Drugs and Crime (UNODC) Executive Director Yury Fedotov.  He explained that this concerned "Kosovo, Bosnia-Herzegovina, Macedonia, Bulgaria and Romania."


Giving a speech at the 30th Annual International Drug Enforcement Conference (IDEC) held in Moscow, the Serbian prime minister and interior minister said that the seizure of drugs in the territory of Serbia has reduced, which could be explained by the spreading of the Balkan route, which is also used for trafficking cocaine. 

The Albanian criminal groups make up a significant part of the European drug cartels, which international services data clearly shows. He pointed out that that the majority of the organized crime groups in Serbia are involved in drug trafficking, as Serbia's geographical position makes it the shortest route for heroin from Afghanistan to reach the Western Europe markets. 
An efficient fight against drug trafficking calls for the establishment of joint investigative teams at the international level, said Dačić. U.S. Drug Enforcement Administration (DEA) Administrator Michele Leonhart has called for a joint crackdown on drug trafficking at the 30th international law enforcement conference in Moscow, reports Interfax. She emphasized that not a single country was able to succeed in the anti-drug fight on its own, as drug dealers were using global communication and financial networks. Approaches may differ but there are also some common elements, she said, noting that coordination and mutual wish for professional partnership were important.

Leonhart proposed to build on the joint success. Drug dealers choose the path of least resistance: they go wherever law enforcement is weak and there is no rule of law, she stressed. The DEA administrator recalled cooperation between U.S. and Russian drug control officers, which helped block a heroin channel between Afghanistan and Russia. A dealer supplying heroin to Russia was recently arrested in Dubai, she said.

The Federal Drug Control Service reported the detention of Tajikistan's native Atobek Gulmamadov in Dubai on suspicion of preparing to sell a very large batch of heroin in Russia. Drug control officers seized more than 900 kilograms of high-concentration heroin on the Russian territory. Gulmamadov personally supervised the transportation of nearly half of that amount, approximately 400 kilograms of the drug.

Sunday, May 26

KOSOVO: EUROPOL ARRESTED FIVE PEOPLE FORMER KLA

EUROPOL said that they had arrested five people, including a wartime ally of Kosovo's Prime Minister, and were investigating the Ambassador to Albania on suspicion of war crimes during Kosovo's 1998-99 conflict. One of them is former KLA (UCK) Chief Commander Sulejman Selimi, Sulejman Selimi was the commander of the Kosovo Security Force (KSF), which is trained by NATO (CIA). He left the force in 2011 to become ambassador to Albania.Drenica Group Commander Sami Lushtaku and another five former KLA fighters (UCK) have been placed under house arrest pending trial. Lushtaku and Thaci were both senior commanders of the guerrilla Kosovo Liberation Army (KLA) from the hardline Drenica region. Lushtaku is now a member of Thaci's Democratic Party of Kosovo.

Lushtaku has been regarded as close to Prime Minister Hashim Thaci since before the war, which saw NATO intervene with air strikes in 1999 to halt the killing and expulsion of ethnic Albanians by Serbian forces trying to crush an Albanian insurgency. Without giving details, EULEX said in a statement the five had been investigated "for war crimes against the civilian population in the form of violation of bodily integrity and health of civilians held in a KLA (UCK)  detention center located in Likovc, Skenderaj municipality".

The EUROPOL police and justice mission in Kosovo, EULEX, did not release the names of the five in detention, but a lawyer for Sami Lushtaku, mayor of the town of Skenderaj, said his client was among them and would appear in court on Friday. EUROPOL noted that the decision was made after a long questioning of the seven suspects. EULEX Prosecutor Maurizio Salustro requested that they remain in custody until the proceedings were over. Around 200 former KLA (UCK) members waited for the decision in front of the court in Priština. They were chanting the names of war crimes suspects and “KLA-UCK”. "One of the individuals is investigated also for war crimes in the form of killing of one civilian," it said.

Selimi Lushtaku came to the court from Tirana since he is currently Kosovo’s ambassador in Albania. Lushtaku is a Srbica mayor and high-ranking official of the Democratic Party of Kosovo. Kosovska Mitrovica Regional Police Director Avni Zabeli is also one of the suspects. 

Kosovo PM Hashim Thaci said that charges against Selimi and other KLA members were “unfounded”. “The Kosovo government believes in justice but it also completely believes in innocence of former KLA fighters and commanders,” he said.  Selimi and other KLA members are suspected of war crimes against civilian population.

The EU mission, established after Kosovo declared (unilateral) independence from Serbia in 2008, handles sensitive war crimes cases, in a country where the former guerrillas are revered as heroes and clan loyalties run deep.

Saturday, May 25

ARRESTATO LIRIDON KELMENDI FIGLIO DEL "BOSS" NASER

Il figlio del "boss" della droga Naser Kelmendi:  "Liridon" (30),  è stato arrestato questa mattina intorno ore 05.30, presso la frontiera di "Kula" all'ingresso con il Montenegro, il mandato d'arresto è stato emesso dalla polizia di Stato del Montenegro in stretta collaborazione con l'INTERPOL.

Read more in english

Friday, May 17

TE LO DO' IO IL MPS

A ricordare il peso dell'influenza dell'Opus Dei nelle scelte che riguardano l'attività e gli assetti del MPS era stato tra gli altri il tesoriere del PD Ugo Sposetti, intervistato da Repubblica. Alla domanda "a Siena c'è la massoneria?", Sposetti nel difendere la correttezza e l'estraneità dei democratici, risponde infatti lapidario: "Non solo, c'è pure l'Opus Dei".

Come spiega lo stesso Wall Street Journal la Banca d'Italia concesse a MPS il prestito nell'ottobre del 2011 perché "la banca stava ormai esaurendo tutta la liquidità e non aveva più gli strumenti per continuare a chiedere fondi alla Banca Centrale Europea". Tuttavia "per timori che si potesse creare panico sui mercati né MPS né la Banca d’Italia resero pubblico quel prestito". Secondo la normativa vigente infatti non vi è l’obbligo di comunicare tali operazioni, previste per tutte le banche dell’Euro-sistema, al mercato. 

In una "conference-call" con analisti ed investitori, subito dopo aver ricevuto il prestito, i dirigenti di MPS affermavano che la posizione finanziaria della banca era solida e che le necessità di raccolta per il 2012 erano state coperte. Da Francoforte, però, il presidente della BCE Mario Draghi ha difeso l'Istituto di via Nazionale spiegando che c'è "un rapporto dettagliato" che dimostra come sia stato fatto tutto quello che si doveva e si sia agito velocemente.

Secondo l'ex numero uno Mario Draghi, anche il Fondo Monetario Internazionale avrebbe riconosciuto l’azione corretta della Banca d’Italia. "Spetterà ora alla banca senese portare avanti il programma di ristrutturazione ritornando in salute e in grado di generare profitti", ha aggiunto Draghi ricordando di aver firmato "entrambe le ispezioni su MPS" quando era presidente di Bankitalia, organismo che "non ha poteri di intervento politico o giudiziari". 

Ogni giorno emergono nuovi particolari ad allargare lo scandalo che sta travolgendo il MPS. 

In giornate particolarmente concitate per la vicenda MPS, cominciarono a filtrare alcune notizie in ordine ai reati contestati a carico dei vertici dell’istituto di credito. Le vicende sotto esame sono l’acquisizione di Antonveneta, l’“affaire Lutfin” e le operazioni in derivati denominate “Alexandria” e “Santorini”. Relativamente ad Antonveneta, sono stati ipotizzati i reati di aggiotaggio, manipolazione di mercato ed ostacolo all’attività di vigilanza.

L’aggiotaggio è attualmente disciplinato dall’art. 2637 c.c. mentre la manipolazione del mercato è un reato previsto dall’art. 185 del D. Lgs. n. 58/1998 (Testo Unico delle disposizioni in materia finanziaria). La disposizione contenuta nel codice civile, nella formulazione novellata dalla L. n. 62/2005, sanziona con la reclusione da uno a cinque anni chiunque diffonda notizie false, ovvero ponga in essere operazioni simulate o altri artifici concretamente idonei a provocare una sensibile alterazione del prezzo di strumenti finanziari non quotati o per i quali non è stata presentata una richiesta di ammissione alle negoziazioni in un mercato regolamentato, ovvero ad incidere in modo significativo sull’affidamento che il pubblico ripone nella stabilità patrimoniale di banche o di gruppi bancari (c.d. aggiotaggio bancario). 

L’art. 185 TUF contempla un fatto tipico pressoché analogo, ma una pena molto più severa (da due a dodici anni di reclusione e da 20 mila euro a cinque milioni di euro di multa) nel caso in cui l’oggetto materiale della condotta siano strumenti finanziari quotati. La norma prevede poi un’aggravante speciale che permette al giudice di aumentare la multa fino al triplo o fino a dieci volte il valore del prodotto o del profitto conseguito dal reato quando, per la rilevante offensività del fatto o per le qualità personali del colpevole, essa appaia inadeguata anche se applicata nel massimo.

Tali illeciti sono stati contestati anche nel caso Parmalat (v. Corte d’Appello di Milano, sent. n. 1728/2010 del 26 maggio 2010 - 14 luglio 2010) e nelle vicende giudiziarie che sono seguite alle scalate ad Antonveneta e BNL tentate nel 2005 rispettivamente dalla Banca Popolare di Lodi (v. Corte d’Appello di Milano, sent. n. 227/2012 del 13 marzo 2012 - 11 giugno 2012) e da Unipol (v. Cass. pen., Sez. V, sent. n. 49362/2012 del 7 dicembre 2012 - 19 dicembre 2012). La giurisprudenza recente ha quindi avuto modo di interrogarsi sulla struttura delle due fattispecie, sul momento consumativo del reato, sulla competenza territoriale nonché sulla responsabilità degli enti, considerato che i reati di aggiotaggio e manipolazione del mercato sono contemplati dagli artt. 25 ter, comma 1, lett. r) e 25 sexies, comma 1 del D. Lgs. n. 231/2001 e che una speciale forma di responsabilità sussidiaria dell’ente è prevista anche dall’art. 187 quinquies del TUF.

Con riguardo alla “questione Lutfin”, si tratta di una società svizzera che sarebbe stata utilizzata quale veicolo per effettuare pagamenti riservati nei confronti di alti dirigenti del MPS in cambio dell’acquisto di un pacchetto titoli all’interno dei quali ve ne erano alcuni (cosiddetti derivati) che presentavano forti perdite per Dresdner Bank. In sostanza MPS avrebbe acquistato da Dresdner Bank titoli in sofferenza e le avrebbe poi rivenduto titoli “in salute”. In questo modo Dresdner Bank avrebbe neutralizzato le perdite, mentre MPS se ne sarebbe fatta carico. 

In tesi d’accusa i promotori dell’operazione sarebbero stati i veri beneficiari del compenso corrisposto da MPS a Lutfin (600 mila euro) a titolo di provvigioni. La vicenda ha acquistato immediata notorietà in ragione della pubblicazione, ad opera di alcuni siti, di una nota della Guardia di Finanza – Nucleo di Polizia Tributaria di Milano, relativa ad un altro filone d’indagine già in fase avanzata. In relazione a tale “affare” non è dato sapere quali siano i reati ipotizzati. Tale condotta pare comunque riconducibile, tra l’altro, all’art. 2635 c.c., recentemente novellato dalla L. n. 190/2012 in materia di corruzione, che ne ha anche modificato la rubrica da “Infedeltà a seguito di dazione o promessa di utilità” a “Corruzione tra privati”.

Relativamente ai derivati, infine, è emerso che non sarebbero state iscritte a bilancio perdite potenziali per 500 milioni di euro. Il che potrebbe configurare il reato di false comunicazioni sociali. Tuttavia, come noto, la repressione di tale illecito societario è ostacolata dalla formulazione delle due norme che lo prevedono. L’art. 2621 del codice civile, infatti, contempla un reato di condotta perseguibile d’ufficio, ma fa «salvo quanto previsto dall’articolo 2622». Tale seconda disposizione sanziona le false comunicazioni sociali in danno della società, dei soci o dei creditori, ma subordina la punibilità alla presentazione della querela di parte. 

Cosicché se – come pare essere nel caso di MPS – l’“esposizione di fatti materiali non rispondenti al vero, ancorché oggetto di valutazioni”, ovvero l’“omissione di informazioni la cui comunicazione sia imposta dalla legge sulla situazione economica, patrimoniale o finanziaria della società o del gruppo al quale essa appartiene” sia tale da “cagionare un danno patrimoniale alla società, ai soci o ai creditori”, il reato sarà punibile solo nel caso in cui sia presentata apposita querela di parte.

A contorno di tutta questa complessa vicenda, è stato ipotizzato il reato di ostacolo alle attività di vigilanza (nella fattispecie: Bankitalia e Consob), anche questo previsto sia dall’art. 2638 del codice civile che, in forma sussidiaria, dall’art. 170 bis del D. Lgs. n. 58/1998. Tali disposizioni, poste a tutela della c.d. trasparenza societaria esterna, sanzionano coloro i quali, nelle comunicazioni alle autorità pubbliche di vigilanza, espongono fatti materiali non rispondenti al vero sulla situazione economica, patrimoniale o finanziaria dell’ente ovvero occultano con altri mezzi fraudolenti fatti che avrebbero dovuto comunicare. 

La problematicità di tale fattispecie è essenzialmente legata alla carenza di offensività della previsione di cui al secondo comma dell’art. 2638 c.c., in virtù del quale rispondono del medesimo reato coloro che, “in qualsiasi forma” consapevolmente ostacolano le attività pubbliche di vigilanza.

Fino a questo momento, invece, non si ha notizia di indagini a carico delle società di revisione, anche se è legittimo attendersi un loro coinvolgimento diretto (i reati dei revisori sono oggi previsti agli artt. 27 e segg. del D. Lgs. n. 39/2010) o quanto meno concorsuale (sindaci e revisori possono, infatti, essere chiamati a rispondere del mancato impedimento dei reati da parte degli amministratori ai sensi dell’art. 40, comma 2 del codice penale).

Ecco le tre domande che andrebbero poste, unicamente, all’on. Silvio Berlusconi, presidente del PdL.

1) “ Ci risulta, come confermato dagli atti ufficiali, che la Goldman Sachs affidò all'on. Gianni Letta, ai tempi deputato eletto nelle sue liste, la mansione di gestire, sovrintendere e chiudere la compravendita tra MPS e Banca Antonveneta. Come mai, non essendo l’on. Gianni Letta né un esperto di sistemi bancari, né un esperto in tecnica bancaria, né un banchiere, né ufficialmente parte in causa, è stato scelto per tale delicato lavoro che presuppone una corposa e specifica competenza tecnica?”
2) “ Ci risulta, come provato da atti ufficiali, che, strada facendo, sia stata accorpata anche la società J. P. Morgan, attraverso, pare, la partecipazione attiva e personale del direttore responsabile marketing per le operazioni europee: Giovanni Monti (39 anni, figlio del premier Mario Monti). Come mai? Perché sarebbero state scelte queste due società straniere essendo l’Italia piena di eccellenti società di intermediazione finanziaria ad alti livelli sia di merito che di competenza tecnica garantita?”
3) “ Come mai, essendo il MPS una banca di interesse nazionale, considerata “strategica” all’interno del mondo finanziario-economico italiano, l’on. Gianni Letta, venendo meno ai suoi obblighi di Legge, non ha riferito, punto per punto, l’intero percorso operativo al presidente della CONSOB, all'ABI a Bankitalia e al Ministero del Tesoro?”.

Non posso fare a meno di ricordare quel 26 gennaio u.s. quando un "carneade" sbraitò, con la bava alla bocca: "se c’è qualcuno che osa sostenere che il PD c’entra in un qualunque modo in questa vicenda, ebbene, noi lo sbraniamo vivo” . Si è preferito -tra di loro, alla fine di una miservole e lunga sceneggiata- fare un "governicchio d'insabbiamento artigianale". In breve, la vicenda MPS, come altri "scandali" di questi ultimi anni, appare di particolare interesse per i profili inerenti il diritto penale economico e merita, quindi, di essere perseguita con estrema attenzione, onestà, imparzialità e, sopratutto, molto coraggio da parte di una vera magistratura.

Sunday, May 5

EUROPOL REWIEW

COCAINE.The main source countries for cocaine are Colombia, Peru and Bolivia. Spain and Portugal are the principal EU entry points for the drug; however, an increasing amount enters the EU via the western Balkans and south-east Europe. West Africa is used as a transhipment and storage region for LatinAmerican cocaine destined for Europe. Chapter 3.1.2 on page 33-34
LAUNDERING MONEY. Supporting JIT Playa, Europol provided horizontal support through the provision of dedicated financial analysis and several operational analysis reports. The JIT resulted in the arrest of 10 suspects from a major international drug trafficking organisation, following a lengthy international investigation. Their profits had been invested in acquiring personal property -luxury cars, real estate, discotheques and leisure boats- in Balkan countries. To hide their identities, the criminal gang had established several companies. Europol also provided expertise and investigative supportto facilitate the recovery of the criminal assets. Chapter 3.9 on page 56-64

Saturday, April 13

PINK PANTHERS CRIMINAL GROUP




Radovan Jelusic, a Montenegrin national, was arrested by Italian police in May 2010. Jelusic was the subject of an INTERPOL Red Notice from Cyprus and also wanted by several other INTERPOL member countries for a range of offences. He was suspected of involvement in the 2007 armed robbery of a jewellery store in Tokyo, and was in possession of a forged Croatian passport when located. 

Bojan Vuckovic, a Serbian national, was wanted in Austria following his alleged role in an armed robbery against a jewellery shop in Vienna in November 2008. He was arrested and detained during a check by Montenegro police at the Montenegrin-Serbian border, after they identified him on the basis of nominal information supplied by Austrian authorities. 

 Police in Cyprus arrested Rifat Hadziahmetovic, a national of Montenegro, in March 2009. He was arrested as he tried to leave Larnaca airport, because he was travelling on a forged Bulgarian passport. Checks revealed Hadziahmetovic's true identity along with the fact that he was wanted in connection with crimes committed in Dubai and Japan. 

In October 2008, police in Monaco arrested two men after identifying them from a photo circulated by INTERPOL. One of them, Bosnian national Dusko Poznan, was the subject of an INTERPOL Red Notice. Database checks confirmed that both men were wanted by several countries, including Switzerland, Liechtenstein and the United Arab Emirates for a range of offences including armed robbery.


Interpol has said it estimates that there are several hundred thieves in the group, and that many come from Serbia. However, other sources say the gang is suspected of having at least sixty members, around thirty of whom are thought to be from Montenegro. Several gang members are former soldiers with violent pasts. They are fluent in many different languages and possess passports which have been given to others.

In 1993, the gang first came to attention and earned the nickname "Pink Panthers" following the theft of a £500,000 diamond from a jewellers in the Mayfair area of central London in the United Kingdom. The thieves hid the diamond in a jar containing face cream, mimicking an act seen in the film The Return of the Pink Panther. In May 2005, Graff, a diamond specialist in London, was targeted by Pink Panthers and lost a total of £1 million in jewellery. Three men were suspected of being behind the theft; one was in possession of a firearm. Graff had been targeted in 2002 and lost £23 million on that occasion, £3 million of which had been recovered two years later. One of the thieves was sentenced to fifteen years in prison in July 2004.

In the space of six years during the twenty-first century, the Pink Panthers have robbed 120 stores in twenty different countries. Dubai, Geneva, Japan, London, Denmark, Monaco, Paris, Switzerland, the United Arab Emirates and the United States have all been targeted by the gang. Their attention to detail has enabled this high rate of success. Before robbing a jewellery store in Biarritz, the gang covered a nearby bench in fresh paint to deter anyone from sitting on it and seeing them in action.

The gang is suspected of having participated in at least two smash-and-grab jewelry robberies in Tokyo's Ginza district. The first, in 2004, netted ¥3.5 million in gems. The second, in June 2007, took jewelry valued at ¥284 million. In that heist, Rifat Hadziahmetovic and Radovan Jelusic sprayed tear gas at three saleswomen then took a "tiara", necklaces, and other jewels and fled the store (see below for details of their subsequent arrests).

The gang is also known for its daring escapes and attempts to break into their chosen store. They robbed a jewellery store in Saint-Tropez in 2005 wearing T-shirts emblazoned with flowery designs then made their escape on a speed boat. Prior to one 2008 robbery of Graff jewellers in Dubai, eight gang members drove a pair of limousines through a window, taking watches and other items worth a total of £8 million. In a further robbery, four gang members dressed themselves up as women in December 2008 before breaking into France's Harry Winston jewellers in Paris. The gang escaped the store, carrying over $100 million (£60 million) in items. 

There is growing speculation that the $65 million heist August 6, 2009 of an exclusive London jewelry store was the work of the same group. A key element in the speculation is that the men who looted Graff Diamonds on New Bond Street Aug. 6 made no effort to hide their faces, suggesting that they had been able to alter their looks with "Mission Impossible" style prosthetic make-up.

Sunday, July 1

IS ROBERT DA PONTE WANTED BY MOSSAD ?

A new term of imprisonment for 46 year-old fugitive, Paolo Poriniensi, 46 years of Pordenone, a resident in Treviso, Italy. After the one issued to Robert Da Ponte,  at the top of Rothsinvest Bank.

Poriniensi's name had surfaced in the investigation of Public Attorney of Florence with Carabinieri ROS, but only with the interrogation of ensuring that the Public Attorney is made on the four arrested and 'clear his key role in the transfer of money between Switzerland and Montenegro, with whom he kept constantly interact.

But he, too, as already 'the' dominus' organization and confidant of the Rothschild Group, the U.S. citizen Robert Da Ponte, are unavailable.

As is apparent, the family of Salvatore Air, arrested and imprisoned in one of the most 'close associates of Robert Da Ponte, was closely tied to the New Organised Camorra (NCO), in particular with Roberto Cutolo, Raffaele's son.

Always investigation and found that an employee of the Bank Rothsinvest, Francesco Minunni, is related to members of the Camorra: for the Carabinieri ROS his maternal uncle and' Gennaro De Angelis, one of the greatest exponents of the Casalesi clan.

The Swiss banker Nathan Rothschild, the famous dynasty of financiers, refused to believe that one of its trusted leader, Robert Da Ponte, could give no account of his escape more than €550 million raised.

Nathan Rothschil engaged in an outburst of  Mossad to find Robert Da Ponte. And that what the lawyer Alfredo Tortorici said to his girlfriend by phone, before being arrested by the Palermo's Carabinieri ROS. He's one of the most close associates of Robert Da Ponte.

But according to Tortorici talks to a worried girlfriend: "Nathan Rothschild, is the chief of all the Jews in Switzerland and  concerning the scandal, Nathan have said: "I believe strongly that Mossad will comes also for me and they'll kill me too, as well".

WHAT ABOUT GOFFREDO BROGLIO & BARON BRANKO ZIVKOVIC ?

Thursday, June 28

ROTHSINVEST: THESE € 550 MIO WHO'S NOBODY CLAIMS BACK.

Surveys of over 250 million passed through bank accounts in Switzerland, and raised from the financial Rothsinvest continue: but within a week from 7 arrests and searches against the managers of the company, none of the customers paid an attorney for complaint. The fact is detected with some curiosity by the public prosecutor of Florence and the italian ROS (Special Operative Department of Carabinieri commanded by General Giampaolo Ganzer).

By Robert Da Ponte and Paolo Porisiensi (Goffredo Brogli?), the first one, was an international general manager of Rothsinvest Asset Management, a Swiss investment company, the second one, Porisiensi was an Area Manager (also)for Montenegro which twice also manage the personal assets of banker Nathan Rothschild.

Spending these reports, Da Ponte, who kept the 'house' while the less noble Rothinvest, - a company not authorized to the collection of credit - it was made ​​credible by a network of hundreds and hundreds of investors.

In addition to beneficial interests, professionals Rothinvest guaranteed anonymit.

Saturday, June 23

UNODC, Japan and the Russian Federation launch joint project to assist Afghanistan in tackling drug trafficking

The Governments of the Russian Federation and Japan today unveiled a one-year training project aimed at boosting the counter-narcotics capacities of Afghanistan. The main goal of the project is to improve the anti-narcotics operational capacities of the Afghan National Police (ANP) officers through specialized training to be given at the Russian Ministry of the Interior training centre in Domodedovo, near Moscow. Beginning in September 2012, the project, which is sponsored by the Government of Japan, will be implemented under the overall coordination of UNODC.

Yury Fedotov, Executive Director of UNODC, joined the Permanent Representative of the Russian Federation, Vladimir Voronkov,  and the Permanent Representative of Japan, Toshiro Ozawa, in launching the project today in Vienna.

The project is financed by the Government of Japan as part of a broader package of assistance for the activities of UNODC to be carried out in the framework of the regional programme for Afghanistan and neighbouring countries for the period 2011-2014.

Launched in December 2011, the regional programme, designed to boost coordinated counter-narcotics efforts and regional stability, places particular emphasis on strengthening border controls to prevent the trafficking of drugs. Earlier this year, the Government of Japan supplemented its voluntary funding to projects in Afghanistan and neighbouring countries with $13.6 million as part of its "Aid to Afghanistan" initiative.

With the handover of responsibilities to the Afghan Government planned in 2014, Mr. Fedotov has stressed that the international community will increasingly look to the United Nations to shoulder additional responsibilities in support of Afghanistan. "I welcome this joint venture between Japan and the Russian Federation to provide counter-narcotics training to police officers.

The project is a sign of the shared responsibility that all nations have in seeking to interrupt the flow of illicit drugs from Afghanistan. I hope there will be many more such collaborations between countries in the future", said the Executive Director, who called the joint endeavour a good example of cooperation to emulate in addressing the Afghan drug problem. The Executive Director also noted the timeliness and importance of the project, coming shortly after the launch of the UNODC regional programme for Afghanistan and neighbouring countries.

Ambassador Ozawa stated that "strengthening the capacity of local police to deal with drug problems will be an important contribution towards realizing peace and stability in Afghanistan". Referring to the cooperation between the Russian Federation and Japan, the Ambassador went on to stress that  "commitments of our leaders can and do result in concrete, practical and beneficial outcomes for all" and emphasized that UNODC is an important partner in the post-conflict nation-building of Afghanistan.

Ambassador Voronkov expressed his gratitude to the Government of Japan for the financial contribution to the project. He emphasized that the contribution would further facilitate cooperation between the two countries and UNODC, and could be built upon and enhanced in the future.

 "Our intention is that the Domodedovo project serve as a good starting point for our broad-scale cooperation with Afghanistan and Japan under the auspices of the United Nations, as well as with other stakeholders, within the regional programme".

Wednesday, June 20

KOSOVO: TRAFFING IN HUMANS CHILDRENS

Kosovo is a source, destination, and possibly a transit country for women and children who are subjected to sex trafficking, and children subjected to forced begging. The majority of victims of sex trafficking exploited in Kosovo are female Kosovo citizens. Children from Kosovo and neighboring countries are exploited in forced begging within Kosovo. Most foreign victims of forced prostitution are young women from Eastern Europe including Moldova, Albania, Poland, and Serbia. Kosovar women and children are subjected to forced prostitution, servile marriages, and forced labor throughout Europe. Kosovo police report that traffickers less frequently exploited sex trafficking victims in bars and cafes, relying instead on private residences. The Government of Kosovo does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government continued to implement its victim-centered Standard Operating Procedures and Minimum Standards for the care of trafficking victims. The government’s trafficking prevention efforts continued to be very strong, incorporating broad based media appeals, focus on youth, and multi-level governmental coordination. Nevertheless, international organizations observed that the judiciary and prosecutors remained ill-equipped to prosecute trafficking cases, resulting in weak accountability for trafficking offenders. (read more...and more...)

MONTENEGRO: STOPPING HUMANS TRAFFING

MONTENEGRO TRAFFING IN PERSON                                                           

U.S.A.: Montenegro trafficking in persons report

Montenegro is primarily a transit country for the trafficking of women and girls from Ukraine, Moldova, Serbia, Albania, and Kosovo to Western Europe for the purpose of commercial sexual exploitation. There have been reported cases of forced labor in the construction industry. There is anecdotal evidence that foreign children, mainly Roma, are also trafficked through Montenegro for the purpose of forced begging. In 2008, there were no reports of Montenegrins being trafficked to other countries. Groups that are vulnerable to trafficking include women in prostitution, unaccompanied foreign minors, ethnic Roma, and foreign construction workers. Refugees and displaced persons also are vulnerable, as their lack of legal status in Montenegro limits their access to legal employment and social rights.(read more...)

Sunday, May 20

NATO attack May 20, 1999 victims commemorated

(Tanjug)
(Tanjug)

The wreaths were laid by Serbian Defense Minister Dragan Šutanovac, Belgrade Mayor Dragan Đilas, Belgrade City Assembly Spokesman Aleksandar Antić, the hospital medical staff, army representatives and family members.

The victims lost their lives in a missile attack on May 20, 1999 at 00:50 CET.

VS members Aleksandar Bajin, Goran Verezan, Predrag Ignjatović, Branimir Krnjajicć, Slaviša Miljković, Vojin Pejčinović and Dragan Tankosić and patients who Branka Bošković, Zora Brkić and Radosav Novaković lost their lives in the attack.

Thursday, May 17

UNODC and OSCE hold joint conference

A two-day conference aimed at improving the control of explosive substances in order to hinder terrorists' access to them, organized by the Organization for Security and Co-operation in Europe (OSCE) and UNODC, started in Vienna.

UNODC Executive Director, Mr. Yury Fedotov, said "there is an appreciation that terrorism requires an integrated and comprehensive global approach. The objective of UNODC is to support United Nations Member States by building capacities and offering technical assistance at the national, regional and global levels."

"Recent terrorist attacks in Ukraine and the Russian Federation are a tragic reminder of the urgency to hinder terrorist access to explosive substances," said Lamberto Zannier, the OSCE Secretary General, in his opening remarks. "Today's event highlights our strong commitment to strengthening control over such substances and to lessening the terrorist threat." Mr. Fedotov noted that the successful delivery of technical assistance by UNODC to Member States to suppress and prevent terrorism has been fostered through cooperation with regional and international organizations, in particular OSCE.

Drawing on their comparative advantages, UNODC and OSCE had much to offer each other and the international community, he added. During the conference, more than 170 experts from 54 OSCE participating States and partners for cooperation and 11 international and regional organizations, as well as private sector representatives, will discuss investigation methods, early warning, detection systems and multilateral initiatives.

Experts will also share experiences on legal and practical tools to improve effectiveness in the control of explosives and chemical substances, given that fertilizers and many other chemicals that can be used by terrorists to prepare homemade explosives are easily accessible in the market. Sixteen international counter-terrorism instruments have been adopted and UNODC provides specialized assistance to Member States in the ratification and implementation of those instruments.

In addition, UNODC addresses related issues, such as the financing of terrorism and strengthening the rule of law, while focusing on strengthening the capacity of criminal justice officials to prevent and address acts of terrorism.

UNODC has enhanced coordination and partnerships with the Counter-Terrorism Committee, the Counter-Terrorism Committee Executive Directorate and the Counter-Terrorism Implementation Task Force established by the Security Council. Mr. Fedotov noted that the United Nations continues to be a soft target for terrorists. In August last year, a car bomb was detonated outside the United Nations building in Abuja killing 25 people, including a UNODC staff member.