The former CEO of AgustaWestland and Finmeccanica Giuseppe Orsi and Bruno Spagnolini, the former head of the IAF SP Tyagi and other defendants were summoned in late July in India by the New Delhi court for money laundering, related to the VVIP chopper scam . Times of India reports.
Special judge Arvind Kumar ordered the defendants to appear before the court on September 12, issuing new warrants against Italian intermediaries Carlo Gerosa and Guido Haschke and Dubai-based entrepreneur Rajeev Saxena.
In addition to the six, the court also summoned 28 Indian and foreign individuals and companies, including lawyer Gautam Khaitan, AgustaWestland and its parent company Leonardo formerly Finmeccanica SPA. The court approved the hearing of the trial after reviewing the charges, saying there was enough evidence against the accused regarding alleged money laundering for around € 28 million. The report, submitted by special prosecutors DP Singh and NK Matta under Sections 3 and 4 of the Anti-Money Laundering Act (PMLA), also stated that bribes were paid by AgustaWestland through two different channels. "One channel was managed by the mediator Christian Michel James and the other channel was managed by Gerosa and Haschke, Gerosa and Haschke in collusion with Rajiv Tyagi and Sanjeev Tyagi, cousins of SP Tyagi, conspired with Gautam Khaitan of M / s OP Khaitan & Co, Auditors and law firm based in New Delhi “. The ED, in its debit card, said the money was laundered through multiple foreign companies that were used as a basis for parking the alleged bribes. TOI said it could file further charges in the coming days. On January 1, 2014, India terminated the contract with Finmeccanica's UK subsidiary AgustaWestland for the supply of 12 VVIP AW-101 helicopters for alleged breach of contractual obligations and charges of bribes paid to secure the order. Those summoned by the court include Tyagi and his cousins, Khaitan and his wife Ritu, Rajeev Saxena and his wife Shivani, both directors of two indicted Dubai companies, UHY Saxena and Matrix Holdings, OP Khaitan and Co, International Mediterranean Consulting, Tunisia and Infotech Design Systems Gordian Services. "Khaitan, the mastermind behind recycling, was known to brothers Gerosa, Haschke and Tyagi." Subsequently, the proceeds of the crime were laundered through various companies in Tunisia, Mauritius, India, Singapore, Switzerland, Dubai, etc.
He further stated that Khaitan also received money in personal bank accounts opened in his name and in the accounts of his companies in India and abroad, Windsor Holding Group Ltd, Ismax International Ltd and OP Khaitan & Co.
“In addition, its partner Rajiv Saxena, a Dubai-based NRI, is the director and shareholder of M / s Interstellar Technologies Ltd, Mauritius, which is one of the leading money laundering funds in question.
"Rajiv Saxena also transferred money from M / s Interstellar to his Dubai based companies M / s UHY Saxena and M / s Matrix Holdings Ltd". TOI added that Rajeev Saxena has already been found guilty by the court, in collusion with Gautam Khaitan. “Gerosa and Haschke have given huge amounts of tainted money to the Tyagi brothers in the form of fictitious consulting deals in exchange for favors granted to AgustaWestland in acquiring the VVIP helicopter contract. The Tyagi brothers have incorporated various entities to receive bribes, namely Krishneel, Krishnayan, Tyagi Ishan, Krishnom, etc.
Strange that the Italian media do not report the news to say the least "interesting". Many will remember that in those years Italy was in strong tension with India for the well-known story of the Marò. Italy should take the field with the diplomatic network to prevent the Italian industry from being damaged because, as is well known, Indian justice is politococentric, affair Maro 'docet.
As a reader rightly pointed out, it should be remembered that Giuseppe Orsi and Bruno Spagnolini were acquitted by the third court of appeal of Milan in the same trial in Italy which saw them accused of international corruption and false invoicing. According to the judges, "there is insufficient evidence that the facts exist".
This is the second appeal sentence for the two former managers of the Defense group. The Milan public prosecutor had asked for confirmation of the first appeal sentence, at 4 years and 6 months for Orsi and 4 years for Spagnolini, taking into account, however, that one of the disputed episodes has lapsed. The defenses, on the other hand, asked for the acquittal of the two accused. The first sentence on appeal had been canceled with postponement by the Court of Cassation in December.
The trial of the first degree against them was then started the 19 June 2013 at the court of Busto Arsizio, with sentence arrived the 9 October 2014. The court acquitted them from the charge of international corruption and sentenced them to two years for false billing. The first appeals process had concluded the 7 April 2016. That sentence had partly reformed that of first instance, condemning Orsi and Spagnolini respectively to 4 years and 6 months and 4 years for both the alleged offenses.
In December 2016, however, the court of cassation annulled that sentence by postponement, motivating its decision by the fact that some testimonies that in the first instance had been read as favorable to the accused, in the second instance, instead, had been seen as against. and used to convict them also for the crime of corruption, without resenting the witnesses. A second appeal process was thus held, which today ended with an acquittal.