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Elkann breaks silence, 'non-existent tax violation' - News

2024-02-14T18:49:30.619Z

Highlights: Elkann breaks silence, 'non-existent tax violation' - News.com.au. The lawyers' note on Margherita's complaint: 'Her thesis was never recognized by the judges' The tax violation hypothesized by the Turin prosecutor's office in the proceedings triggered by a complaint fromMargherita Agnelli is "completely non-existent" The complaint, the exact content of which is not yet known, "is the latest in a long series of judicial initiatives", say lawyers Siniscalchi, Cecconi and Re.


The lawyers' note on Margherita's complaint: 'Her thesis was never recognized by the judges' (ANSA)


The tax violation hypothesized by the Turin prosecutor's office in the proceedings triggered by a complaint from Margherita Agnelli regarding Gianni Agnelli's inheritance is "completely non-existent".

This is what the lawyers Paolo Siniscalchi, Federico Cecconi and Carlo Re declare who defend

John Elkann, Margherita's son.

In a joint note, the lawyers observe that Margherita

"has been persecuted for more than 20 years and in all judicial offices, also making extensive publicity in the press, her parents and 3 of her children",

but that her initiatives "have not had recognition in any jurisdiction, be it criminal or civil".

The complaint, the exact content of which is not yet known, "is the latest in a long series of judicial initiatives

- observe the lawyers Siniscalchi, Cecconi and Re - which Margherita Agnelli has been pursuing for twenty years in Italy and abroad 'abroad. All these initiatives have the aim of ignoring both the clear wishes of the lawyer Giovanni Agnelli first and of Donna Marella Caracciolo after and, even, the same agreements signed by Margherita Agnelli herself with her mother Marella in 2004, agreements which allowed to benefit from a large patrimony based on his father's inheritance".

"It is useful to underline - the lawyers continue - that Margherita Agnelli, evidently considering the fate of the entrepreneurial activities of her son and his family of origin to be critical and uncertain, decided in 2004 to monetize her share, only to then paradoxically try to benefit from a further increase in assets deriving from the success of Fiat's relaunch plan, to which she has not contributed in any way, but which, as a mother, she should rejoice and be proud of since her son was the main architect".

'Margherita ignores her parents' wishes'

"Margherita Agnelli's method and objectives" are therefore always the same: she disputes everything, she even goes so far as to renege on the signed agreements in order not to recognize the wishes of her parents, who were indeed the first to be accused of criminal, civil and and morally illicit". Thus the lawyers Paolo Siniscalchi, Federico Cecconi and Carlo Re who defend John Elkann, Margherita's son. "In summary - say the three lawyers - there is a mother who has been persecuting, for more than 20 years, in all the judicial offices, also making extensive publicity in the press, her parents and three of her children, who have no other responsibility except that of having been the only ones to have ensured their grandmother care, assistance and dedication until her last day .

The displeasure and personal pain at being the targets of accusations that have a similar origin is therefore obvious." Lawyers Siniscalchi, Cecconi and Re underline that "up to this moment all of Margherita Agnelli's initiatives have not been recognized in any jurisdiction , be it criminal or civil". "The new judicial matter - the lawyers further observe - essentially has the peculiarity that Margherita Agnelli does not have the status of a person offended by the crime being totally unrelated to the interest damaged by the dispute for which they are taking place investigations.

This is, in fact, a tax violation, in our opinion completely non-existent for numerous factual and technical reasons which we cannot go into because the defenses will be carried out in their own offices.

It is worth remembering that in the past, again as part of the actions undertaken after the death of the lawyer Agnelli, Margherita Agnelli had also been investigated, in collaboration with her then Swiss lawyer, for an extortion attempt reported by the lawyer Gamna, who had complained that she had been subjected to strong pressure to induce him to make statements favorable to her in the inheritance proceedings, otherwise threatening a lawsuit for tax evasion.

This proceeding then concluded with the dismissal"

"The assumption of the status of suspect therefore has very little meaning and also from a technical point of view it does not even constitute a pending charge. Much more important is the certainty of having behaved correctly and having the awareness of never having altered the facts in reference to the residence of Donna Marella. It is known to everyone - add John Elkann's lawyers - that Donna Marella has habitually resided abroad since the seventies and has maintained her lifestyle habits unchanged even after becoming a widow. And it is also known to Margherita Agnelli and her lawyers who for years, in all the judicial documents, even after the disappearance of Donna Marella, have always indicated and confirmed that Donna Marella was domiciled in Switzerland. Furthermore, the defense of Engineer Elkann

is carrying out all appropriate measures in-depth analysis to demonstrate the slanderous nature of the accusations made by Margherita Agnelli against her son".

Margherita's lawyer: 'She wants fair treatment for her children'

"We are confident that the ongoing investigations will shed light on the facts as they actually took place, as Margherita Agnelli has nothing to hide.

Her wishes are to ensure fair treatment for all her children, according to the law."

This is what Dario Trevisan, the lawyer who looks after Margherita's interests, declares.

The woman is the author of the complaint that triggered the investigation by the Turin prosecutor's office.

"That the protection of all one's children can only be resolved in court - observes Trevisan - does not depend on the will of Margherita Agnelli".

"It is an incontrovertible fact - continues the lawyer Trevisan - that, on the very day of Marella Caracciolo's death, John Elkann, with his two brothers, promoted legal action in Switzerland against his own mother, even before it was raised any dispute over the grandmother's inheritance, as no will had even been published on that date. On that date, however, the only other pending legal action was that relating to a Swiss dispute, started in 2016 by Marella Caracciolo, immediately afterwards replaced by John Elkann, against Margherita Agnelli who, consequently, asserted her defenses".

"Furthermore, it does not appear in any will of Gianni Agnelli - concludes the note from the lawyer Trevisan - that Margherita Agnelli and her descendants were to be ousted from that part of the hereditary axis never accounted for, nor does it appear that Marella Caracciolo ever actually expressed in this sense".

Reproduction reserved © Copyright ANSA

Source: ansa

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