On May 3, 2023, the first hearing took place in the trial — for fraud in trade over the origin of wheat used in De Cecco pasta — of president Filippo Antonio De Cecco, his right-hand man purchasing director Mario Aruffo, and then-quality director Vincenzo Villani.
1) Trade fraud on the origin of wheat in pasta, the prosecution
The prosecutor Giuseppe Falasca – who had already tried to ask for the investigation to be archived, in spite of the documentary evidence (1) – merely charged the defendants with the crime of fraud in trade on the origin of wheat, French rather than Italian, on the direct order of Filippo Antonio De Cecco ‘in his capacity as chairman of the board of directors.
In turn, F.lli De Cecco S.p.a. is also held administratively liable for the crime of fraud in trade on the origin of wheat in pasta, carried out in its interest by its president Filippo Antonio De Cecco in conjunction with its executives. Thus proving the unsuitability of organizational models prepared for corporate social responsibility. (2)
2) AAA Public Prosecution Wanted
Judge for Preliminary Investigations Luca De Ninis, in ordering the reluctant prosecutor to compel the administrative indictment of Filippo Antonio De Cecco et al. had instead pointed out that ‘they would be and are susceptible to the further investigations pointed out in the notice of opposition to the dismissal, in particular to the letters:
(a) analysis of the composition of the grain mixtures used in the production of pasta, distinguished by origin, so-called Mix B and Mix A,
(b) findings on theuse of wheat grown in North Dakota,
(e) verification of the cataloging of grains purchased by the company at different stages of the production process,
(f) ascertainments on 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’. (4)
3) Trade fraud or criminal conspiracy?
In fact, the additional evidence reported by the GIP-already reported on our Great Italian Food Trade website (5)-concerns about 30 thousand tons of North Dakota wheat smuggled on pasta labels as ‘Italy, Arizona and California.’ Evidence of false accounting records and false certifications on the fateful ‘De Cecco method’ was then reported, in the face of the use of semolina of uncertain origin produced by others (6,7).
The fraud in commerce prospected by GIP Luca De Ninis would therefore not be an isolated phenomenon but would be part of a broader organizational context that, on closer inspection, may correspond with the case of the crime of criminal conspiracy. ‘When three or more persons associate for the purpose of committing several crimes, those who promote or constitute or organize the association shall be punished, for that alone, by imprisonment of three to seven years’ (Criminal Code, Article 416. Criminal conspiracy).
4) The Word to Asso-Consum.
Attorney Miriam Chianese and his colleague Aniello Chianese of Asso-Consum, who are credited with having countered the chietino prosecutor’s reluctance, thus comment on the outcome of the first hearing in the trial of Filippo Antonio De Cecco et al. for fraud in trade on the origin of wheat used in pasta
‘The most striking element of the hearing was undoubtedly the smallness of the indictment compared to the acts that emerged in the investigation, which confirm the ‘laziness’ of the prosecution‘ [to say the least, ed.] ‘which once again shows that it does not pay much attention with respect to the acts it produces itself.’
‘One only has to look at the advisory report-which the prosecutor himself had already ordered at the investigation stage and is in the record-to see if there are elements to thicken the indictment by far, with far more suspicious and fraudulent buying and selling. Certifying an inordinate use of grain from North Dakota’.
5) California dreaming. The space baloney about the origin of De Cecco wheat.
The labels where for a long time Filippo Antonio De Cecco and his wingmen have been bragging about the origin of the ‘wheat Italy, Arizona, California’ are false, as reflected in the words of Asso-Consum’s lawyers. ‘But the prosecutor omits to consider that Filippo Antonio De Cecco never purchased even one grain of California wheat. Instead, he used huge amounts of North Dakota wheat. But of North Dakota wheat the prosecution said nothing and did not even bother to ascertain the quantities’.
This is crazy, because the distance between Arizona, California and North Dakota is equal to the distance between Italy and Finland, to put it bluntly. And while it is true that the single buying and selling of French wheat deserves a charge, the immoderate and profligate use of North Dakota grains, never mentioned in advertisements or on labels, deserves just as many charges. We need to investigate how many buys and sells and how much has been employed over the years’ (attorney Aniello Chianese, Asso-Consum).
6) False Italian wheat, adagio calmly
The criminal acts charged against Filippo Antonio De Cecco and his associates date back to at least Feb. 13, 2020, according to the listless prosecution. And the Court of Chieti postponed the hearing for three months, to Sept. 20, 2023, just to decide the specious preliminary issues raised by the defense to try to exclude Asso-Consum from being a plaintiff.
From the Antitrust and Consob-which in turn are expected to open investigations into various false statements by Filippo Antonio De Cecco et al, already reported and referred to in the articles in notes to this one-no news. In the meantime, the black knight gained political protection from Coldiretti’s magic circle by joining Filiera Italia. Pecunia non olet.
Dario Dongo
cover image, spaghetti noodle no. 12 De Cecco purchased in Belgium during the ‘dual quality food’ analysis (2021) https://www.fightdualfood.eu/product/de-cecco-spaghetti-n12-500g/
Notes
(1) 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
(2) Dario Dongo. Corporate administrative responsibility in the food supply chain. GIFT (Great Italian Food Trade). 21.6.18
(4) Court of Chieti. Office of the Judge of Preliminary Investigation. Criminal case no. 1563/2020 R.G.N.R. Order ordering the formulation of the indictment (art. 409 c.5° c.p.p.). 27.1.22. Sheet 2 of 10
(5) Dario Dongo. Filippo Antonio De Cecco, forced indictment for trade fraud. GIFT (Great Italian Food Trade). 28.1.22
(6) Dario Dongo. Filippo Antonio De Cecco and the mysteries of Italian justice. GIFT (Great Italian Food Trade). 10.8.21
(7) Dario Dongo. Filippo Antonio De Cecco, indictment for trade fraud. 28.7.22
Dario Dongo, lawyer and journalist, PhD in international food law, founder of WIISE (FARE - GIFT - Food Times) and Égalité.
