A good part of the sentence is obviously dedicated to evaluating the behavior of the entrepreneurs involved, in terms of fraud. Here are just a few steps. «The judges therefore write – the criminal liability of the defendants Pagano Santino and Caronella Letterio must be affirmed, with all the constituent elements of the crime in question being integrated», or «the criminal liability of the defendants Mangraviti Antonino and Mangraviti Massimo must be affirmed, with all the constituent elements of the crime in question being integrated». «As for the contribution of Vinciullo Filippo – the judges write again -, an employee of Edil Faro Srl with the qualification of operational technician, it is established from the intercepted conversations that it was he who took decisions within the construction site and maintained relations with Mancuso Daniele».
On the other side, that of the entrepreneurs who were essentially in the dark about everything because there were others in the company to deal with the disposal, there are then the positions of Giuseppe Lupò and Rosario De Domenico: «Therefore, the existence of the material element of the crime in question is certain – the judges write -, the Court believes that following the preliminary hearing there is a legitimate doubt regarding the recurrence of the crime against the defendants Lupò Giuseppe and De Domenico Rosario of the malicious subjective element. Therefore, considering that certain proof of the awareness of Lupò Giuseppe and De Domenico Rosario of the illicit waste dumping has not been achieved, the ascertained conduct must be reclassified against them as the contravention referred to in the art. 256 co.1 lett. to. Legislative Decree 152/2006, since they are certainly guilty of gross negligence. As already argued in relation to other charges, the statute of limitations has expired in relation to this contravention, with the consequent declaration of its extinction for this reason. The companies of the two entrepreneurs, alerted by some employees – explain the judges – broke off relations with the Mancusos in January 2019: “… taking into account that they will learn of the investigation by the Guardia di Finanza many months later, in July 2019, the defendants would have had no reason to interrupt their collaboration with Mancuso if they had deliberately chosen, or even accepted the risk, of placing their waste in an illegal landfill”.
