Italian Prosecutors call for 4 years for man linked to Panama corruption allegations

 
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ITALIAN PROSECUTORS - have asked for a prison term of four years for Valter Lavitola, the businessman accused of corruption surrounding contracts with the government of Panama.

De Gracia, (left) Lavitola and a Dominican friend dueing the high flying times in Panama

Lavitola was the kingpin in negotiations between giant corporations and President Ricardo Martinelli’s government during which a local company was allegedly created by people close to Panama’s political power center to funnel money from Italy for government bribery. Lavitola, already serving sentences for previous offenses,was led into the preliminary hearing on Tuesday, March 4, by three guards from the Naples prison where he is being held.                                                                                                                                          

Another defendant, Paolo Pozzessere, the former commercial director of defense contractor Finmeccanica, was represented by his lawyers.
The trial for international corruption by Finmeccanica in Panama involves the alleged diversion of up to $18 million in bribes, whose alleged recipients say published reports, include President Ricardo Martinelli and other unidentified figures of his government, will begin Tuesday, March 4 , in Room 10 in the Court of Rome at 11:00 AM .
Italian renowned prosecutor Paolo Ielo, has laid criminal charges against Pozzessere , former head of Finmeccanica business , and Lavitola the, flawed hinge between Italy and Panama , and Karen De Gracia , president of Agafea Corp a company created by the latter two to divert bribes from Italian companies.
It is a preliminary hearing in camera without journalists, in which Judge Maria Bonaventura, with a reputation for overseeing political corruption cases, will decide whether the evidence is strong enough to go to trial or if , on the contrary to, extend investigations reports La Prensa.
The Italian judiciary, which investigates more than 30 months contracts in which there are indications of corruption signed between the Government of Panama and the three companies Finmeccanica : Selex , AgustaWestland and Telespazio in 2010, under the direct responsibility of the Panamanian President..
According to the report of the research findings seen by La Prensa, "Agafea society is traceable to President Ricardo Martinelli , managed by Valter Lavítola and created as a vehicle to move bribes"
The prosecution sees a clear "economic utility facing Martinelli in agreements with Finmeccanica " One of the obvious was in buying helicopters , radar and digital mapping system uses the Italian companies to get black money was President Martinelli or its surroundings through Agafea Corp , according to Italian prosecutors.
However, Valter Lavítola exempted from Martinelli from blame in conversation with journalist Joan Solés , as stated in court papers. Therefore, the authorship of all crimes vould be attributed to him to ry to reach a deal with the judges. although his resume is already stained with two convictions obtained in this case
defense giant Finmeccanica , is vicariously liable in this process for their involvement in serious events. and could be sentenced to repair the damage caused by the defendants and even full payment of the high legal costs of up to one million dollars.
ITALIAN JURISDICTION
In Italy international corruption offenses is governed by the Convention of the Organization for Security and Cooperation in Europe ( OSCE) signed in 1997 in Paris , which only criminalizes active corruption called economic operations. Therefore, the party receiving bribes in legal - language passive corruption, ie., those incurred by some Panamanian officials, including Martinelli, cannot be judged by the Italian judiciary. Says La Prensa.
However, the Heads of State or Government are not punishable under international law. But when political immunity is lost, the President may be prosecuted if, as some sources say, he has an Italian passport. In this case he could be judged as an "active corruptee” could issue an international arrest warrant if it were established that he helped with the design of the Lavítola crime , according to legal inquiries made by La Prensa.
According to the Italian Penal Code, the prosecution could ask for from three months to six years in prison for people charged for having “deliberately offered or promised any undue pecuniary or other advantage to a foreign public official in order to get or retain business or other improper advantage in the conduct of international business” .

PANAMA THE MAIN STAGE
As is written in the secret summary Panama is the main stage of the offenses because President Martinelli signed " the intergovernmental agreement, through the mediation of Lavítola , which was the political- normative premise of the contracts signed with the Italian companies " and where " the company instituted Agafea "which should serve to divert bribes .
The investigation into international corruption in Panama is broken into two separate parts, corresponding to Finmeccanica , whose trial begins Tuesday in Rome, and that and Svemark being investigated in Naples.