The board of Leonardo-Finmeccanica reaffirms its confidence in the CEO, Mauro Moretti , after Moretti, as former head of the company of RFI (Italian railway network), was sentenced yesterday for the Viareggio massacre. THE JUDGMENT
Sentence to seven years for the former CEOs of Fs and Rfi Mauro Moretti and Michele Mario Eliaat the trial for the Viareggio massacre in which 32 people lost their lives in June 2009. For the 33 defendants, as individuals, and 9 companies, the charges were in various ways of railway disaster, multiple manslaughter, involuntary fire and injuries culpable. Ten acquittals. Moretti, his lawyers explained, was acquitted as CEO of the Railways, but sentenced as former CEO of RFI. “The outcome of the trial is scandalous, and the sentence exudes populism” added the lawyer. Among the accused companies, Ferrovie dello Stato and Fs Logistica acquitted, Rfi and Trenitalia convicted. THE ANALYSIS
“In accordance with the law, the first degree sentence that yesterday sentenced Mauro Moretti, current CEO and general manager of Leonardo, to seven years in prison for the Viareggio accident, does not seem destined to have any effect on his stay at the top of the aerospace and defense group, but also on its possible reapplicability “, writes today the Corriere della Sera, which adds:” According to the Consolidated Law on financial intermediation, which recalls the regulation of the Ministry of Justice 162 of 2000, only irrevocable sentences affect the integrity requirements, prejudicing the performance of the “administrative and management functions” – writes the journalist Antonella Baccarodel Corsera – The ethical regulation issued in 2013 by the then Minister of the Treasury Fabrizio Saccomanni applies to listed companies, such as Leonardo, which have not deliberately adopted it, which considers a first instance conviction for certain crimes to cause ineligibility and forfeiture “. WHAT THE BOARD SAYS
Yesterday the board of directors of Leonardo-Finmeccanica, which met together with the board of statutory auditors, “verified that all the requisites envisaged by the regulations in force remain with the ad, as well as the full capacity to exercise the prerogatives connected to the office of delegated body and confirmed, unanimously, full confidence in engineer Moretti ”, reads a note from the group. This on the basis of three different opinions of professionals, also unanimous in certifying that the sentence for non-definitive culpable crime does not even affect the possibility of participating in tenders in other jurisdictions examined.THE COMPLETE DOCUMENT
Here is the summary of the pro veritate opinion, requested by the board of directors of Leonardo-Finmeccanica and provided by leading professionals highly qualified in the fields of civil, criminal and international law,
The considerations below represent the synthesis of a pro veritate opinion rendered by three highly qualified professionals in the fields of civil, criminal and international law. In relation to the railway accident that occurred in Viareggio on 29 June 2009, the Court of Lucca sentenced in first instance – and therefore not definitively – Eng. Moretti, current CEO of Leonardo – Joint stock company (hereinafter, for convenience, “Leonardo” or the “Company”), deeming him guilty of the offenses of involuntary fire, negligent railway disaster, multiple negligent homicide, negligent personal injury. With regard to the foregoing, it was intended to verify, in the light of the applicable laws and regulations, whether with reference to the facts of Viareggio the non-definitive sentence of Eng. Moretti for culpable offense determines the forfeiture of the office of the CEO of Leonardo or affects the ability to carry out the office. Taking into account the area in which Leonardo operates, in addition to the internal law profiles, the analysis has also been extended to some foreign jurisdictions. In particular, in addition to Italy, it was also intended to verify whether a possible sentence of conviction for certain culpable crimes, even if not definitive, may involve limitations on the Company’s ability to participate in tenders called by public bodies or government agencies in the countries in which the Leonardo Group achieves a large part of its revenues and orders (2015 data). Well, as regards the internal system in the articles 2382 and 2387 of the civil code in art. 147-quinquies of Legislative Decree lgs. February 24, 1998, n. 58 (consolidated text of the provisions on financial intermediation, “TUF”) and related implementing provisions in art. 80 of the code of public contracts and, finally, the regulations on the subject of security clearance (so-called “NOS”) determine the forfeiture of the position of managing director of Leonardo or affect the operational capacity of the Company to carry out its economic activity. Likewise, the absence of the integrity requirements provided for by art. 147-quinquies TUIF – which therefore are currently fully confirmed – given the fact that the charges against Eng. Moretti, among other things, do not concern the offenses listed in the list pursuant to Ministerial Decree no. 162 of 2000. Similar conclusions are reached with reference to the additional declarations of a reputational nature made by Eng. Moretti when accepting the candidacy for the position of director of Leonardo as these declarations refer to types of crimes that are completely different from those for which today Eng. Moretti was sentenced in the first instance in the criminal trial de quo. Again with regard to the Italian legal system, it is confirmed that the sentence in the first instance does not ex law have any impact on company operations pursuant to the regulations on public contracts or concessions or NOS. In fact, none of the crimes ascribed to eng. Moretti is included in the list pursuant to art. 80 of the procurement code. Likewise, the conviction concerns crimes not relevant for the purposes of security qualification. Compared to the foreign legal systems in which Leonardo carries out a large part of his business, neither at EU level (Directive 2014/24 / EU of the European Parliament and of the Council of 26 February 2014 on public procurement, the special legislation in the defense and security sectors referred to in Directive 2009/81 / EC of 13 July 2009) at OECD level (Convention on Combating Bribery of Foreign Public Officials in International Economic Transactions of 21 November 1997), provisions are recognizable on the basis of which the non-definitive sentence of the current CEO of Leonardo for culpable crimes may affect the capacity of Company to participate in tenders held by public bodies. Similarly, in the most interesting jurisdictions it is confirmed that the sentence issued against Eng.
