Fraud and Self-Money Laundering: Commentary on Judgment Cass. pen., Section II, No. 17641 of 2024

Judgment No. 17641 of 2024 by the Court of Cassation offers an important reflection on the crimes of fraud and self-money laundering, highlighting how a complex mechanism like a trust can be used to perpetrate harm against vulnerable individuals. In this case, the complainant D.D. reported A.A., B.B., and C.C. for having deceived him and deprived him of his assets through the creation of a trust for the management of his property.

Context of the Judgment

The Court examined a case where the complainant, D.D., was dispossessed of his assets due to deceit perpetrated by his family members, who induced him to establish a trust into which assets of considerable value were transferred. The judgment highlighted the fumus commissi delicti for the crimes of fraud and self-money laundering, emphasizing how the use of a complex legal instrument like a trust can, under certain circumstances, conceal the true intentions of its creators.

The Court highlighted that the defendants took advantage of the complainant's vulnerable condition, inducing him to sign legal documents without fully understanding their scope.

Analysis of the Crimes of Fraud and Self-Money Laundering

In the specific case, the crime of aggravated fraud was deemed to be substantiated based on the testimonies and evidence presented. The Court recognized that the defendants used their professional expertise to deceive D.D., making him believe that the creation of the trust was a solution to protect his assets from seizure.

• Inducement to error: the defendants exploited the complainant's lack of knowledge regarding trusts.
• Misappropriation: the assets were removed from D.D.'s control through complex legal mechanisms.
• Self-money laundering: the transfer of assets into new trusts and to Switzerland further complicated the traceability of the funds.

The Court emphasized that the defendants' conduct violated the duties of trust and transparency that a trustee must maintain, confirming their criminal liability for self-money laundering.

Conclusions

Judgment No. 17641 of 2024 represents an important precedent in the fight against the abuse of legal mechanisms for illicit purposes. It underscores the need to protect vulnerable individuals from deceptive practices that, disguised as legitimate asset operations, can lead to devastating consequences. In a context of increasing legal complexity, it is crucial to ensure proper information and adequate legal support to prevent similar situations from recurring in the future.