By Staff
Milan - The criminal proceedings against a law firm’s secretary for offenses committed in the management of a bankrupt company have concluded with a full acquittal. The Court of Milan has ruled that the woman, the company’s formal director, was entirely uninvolved in the criminal acts.
The judge acknowledged that her appointment was merely formal, devoid of decision-making powers, and subject to the control of the de facto director, a well-known lawyer and university professor at LUISS Business School. The secretary, who lacked specific expertise in corporate matters, had confined her role to operational tasks and never derived any personal benefit.
The woman, represented by attorney Andrea Aloi, successfully demonstrated her complete non-involvement in the alleged illegal operations. The court recognized that the actual management of the company was entirely in the hands of the de facto director, who was responsible for asset stripping and the concealment of accounting records.
Securing an acquittal for a de jure director, even a purely formal one, is not simple. Case law requires proof of non-involvement that is not only material but also subjective with respect to the alleged offenses. In this case, the court acknowledged that the woman had no decision-making power and that effective control of the company was exercised exclusively by the de facto director. The university professor, represented by a different counsel, was convicted of fraudulent bankruptcy related to accounting records and sentenced to 2 years in prison and an immediately enforceable provisional payment of €80,000.
The acquittal represents an exceptional case and sends an important signal for the protection of individuals who, due to their work circumstances, find themselves involved in situations to which they are complete outsiders.