Coldiretti and the financial operation Federconsorzi 2

09/09/2024

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We have received and are publishing the transcript of a long conversation that we are told took place on 6.11.18 between the then head of the economic area of Coldiretti Gianluca Lelli, a manager of Intesa bank and others, before the Federconsorzi 2 financial operation (see attachment at the bottom of the page).

1) Federconsorzi Operation 2

The Federconsorzi 2 operation, already widely described on this site (1,2,3,4), has materialized in the creation of:

– Consorzi Agrari d'Italia (CAI) Srl, later transformed into a SpA, which initially brought together the Consorzi Agrari Tirreno, Emilia, Adriatico, Centro Sud, together with the Società Consortile Consorzi Agrari ScpA (SCCA) and Bonifiche Ferraresi SpA, the relative majority shareholder with extraordinary powers;

– CAI Real Estate Srl, where the Consortia themselves instead transferred their real estate assets, presented as branches of companies (with possible millionaire tax fraud) and instantly devalued by 21 million euros, to the advantage of the financial partners including AgriCorporateFinance (5,6,7,8).

2) Mutualism and finance

The legitimacy of the transfer of the real estate treasures from the Agricultural Consortia to Federconsorzi 2 – as highlighted in a specific opinion by Prof. Avv. Zoppini, full professor of civil law and expert in cooperation (9) – postulated three preliminary and essential conditions:

– the preventive modification of the statutes of the Agricultural Consortia, with express provision for the possibility of carrying out mutualistic activities not only directly, but also through participating companies;

– ⁠an assembly resolution, aimed at authorizing an operation which in turn presupposes a substantial modification of the corporate purpose of the Agricultural Consortia;

– ⁠the compression of the extraordinary powers recognized in CAI SpA to the financial partner Bonifiche Ferraresi.

3) Coldiretti, Bonifiche Ferraresi and Banca Intesa. The interview

Gianluca Lelli – former heir apparent of Vincenzo Gesmundo, was at the time both the Economic Secretary of Coldiretti and a member of the board of directors of Bonifiche Ferraresi SpA. He then took on the role of CEO of CAI SpA, through his BT Srls, as well as that of president of AgriCorporateFinance, which later foundered.

The transcription of the preparatory meeting between Coldiretti (Gianluca Lelli) and Banca Intesa (Massimiliano Cattozzi) effectively confirms that Lelli had not informed the farmer members, in the meetings of their respective Agricultural Consortia, about an operation – Federconsorzi 2 – that was purely financial. Here are some passages.

4) Gianluca Lelli, the (un)spoken words

Gianluca Lelli not only avoids pointing out the legal criticalities of the Federconsorzi 2 project, but he even informs Banca Intesa that, since they are cooperatives, ' it is better to say, paradoxically, as little as possible in the council' on the real contents and the actual scope of the project. Skipping outright the information to the assemblies, whose resolutions followed those of the council.

The only dissenting voice is that of Pierluigi Guarise, then general director of the Consorzio Agrario del Nord Est. Who, addressing Lelli, comments: 'The desired is very clear, doctor. Let's say that they are two desires that are not exactly aligned, eh? If I may, however'. Ettore Prandini, then president of the North East Agricultural Consortium, did not allow and purged Guarise.

5) Illicit influence on the assembly?

'Whoever, by simulated or fraudulent acts, determines the majority in an assembly, with the aim of obtaining an unjust profit for himself or others, is punished with imprisonment from six months to three years.. (10)

#VanghePulite

Dario Dongo

ATTACHMENT – TRANSCRIPTION OF THE INTERVIEW LELLI BANCA INTESA
Legend: OPCO = Federconsorzi 2, alias CAI Srl (then SpA); PROPCO = CAI Real Estate Srl