Marcello Dell'Utri

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Marcello Dell'Utri
Dell'Utri in 2008
Member of the Senate of the Republic
In office
30 May 2001 – 19 January 2013
ConstituencyLombardy
Member of the European Parliament
for Italian Islands
In office
14 June 1999 – 10 June 2004
Member of the Chamber of Deputies
In office
9 May 1996 – 29 May 2001
ConstituencyLombardy 3
Personal details
Born (1941-09-11) 11 September 1941 (age 82)
Palermo, Italy
Political partyFI (1994–2009)
PdL (2009–2013)
Height1.65 m (5 ft 5 in)
Spouse
Miranda Ratti
(m. 1970)
ChildrenMarco
Margherita
Alma materUniversity of Milan
Nickname(s)Marcellino
Il bibliofilo
Marcello Dell'Utri
Criminal statusImprisoned (2014–2019), free since 3 December 2019
Conviction(s)Complicity with the Mafia (in Italian: concorso esterno in associazione mafiosa), ex Art. 416 § 1, 4, and 6 c.p
Criminal chargeComplicity with the Mafia (in Italian: concorso esterno in associazione mafiosa), ex Art. 416 § 1, 4, and 6
PenaltySeven years' imprisonment (2014)
12 years' imprisonment (2018)

Marcello Dell'Utri (born 11 September 1941) is a former Italian politician. He is best known for being a senior advisor to former prime minister Silvio Berlusconi, of whom he became a secretary in his early 20s and since the 1970s had worked for him at his many companies, including Publitalia '80 and Fininvest Rai. Dell'Utri's life and career have been marred by controversies and legal issues, including a conviction for external complicity in mafia association.

Formerly a member of the Italian Parliament from 1996 to 2013 and of the European Parliament from 1999 to 2004, Dell'Utri was found guilty of tax fraud, false accounting, and complicity in conspiracy with the Sicilian Mafia; the conviction for the last charge was upheld on 9 May 2014 by the Supreme Court of Cassation, the highest judicial court in Italy, which sentenced Dell'Utri to seven years in prison. The conviction is final and cannot be further appealed.

The Third Criminal Section of Palermo's Appellate Court declared Dell'Utri a fugitive in May 2014, when it was discovered he had fled the country ahead of the final court decision. After being detained in Lebanon, Dell'Utri was extradited to Italy on 13 June 2014. In Italy, he served 4 years of imprisonment and 1 year of house arrest. He was further sentenced in April 2018 to 12 years due to the State-Mafia Pact. This conviction was overturned on appeal in September 2021 for not having committed the facts. In July 2023, he inherited 30 million from Berlusconi's will.

Early life and education[edit]

Dell'Utri was born in Palermo. After obtaining his liceo classico in his native city, he went to Milan to study law at university in 1961. It was during his student years at the University of Milan that he met Silvio Berlusconi. In 1964, at the age of 23, he worked as secretary for Berlusconi, who with his Edilnord company sponsored Torrescalla, a small student category football team linked to the Rui Foundation, of which Dell'Utri was coach.[1]

Career and relations with Silvio Berlusconi[edit]

In 1965, Dell'Utri moved to Rome, where for a couple of years he directed the ELIS Sports Group in the Tiburtino-Casal Bruciato district at the International Centre for Working Youth, an apostolic initiative of the Catholic Church that the Pope entrusted to Opus Dei. In 1967, he returned to Palermo at the Athletic Club Bacigalupo; during this experience, by his explicit admission, he met Vittorio Mangano and Gaetano Cinà, two mafiosi belonging to Cosa Nostra. In 1970, he worked for the Savings Bank of the Sicilian Provinces in Catania. In 1971, he was transferred to the Belmonte Mezzagno branch. In 1973, he was promoted to the general management of Sicilcassa in Palermo, an agricultural credit service. By that same year, he was also back in Milan, where he began work for Silvio Berlusconi's building firm Edilnord. Later in the 1970s, he went to work at Bresciano Costruzioni. In 1980, he was called by Berlusconi and worked for Publitalia '80, the advertising sales wing of Fininvest's television division, first as a manager and later as the company's chairman and chief executive. On 29 June 1993, alongside Berlusconi himself and the likes of Antonio Martino, Gianfranco Ciaurro, Mario Valducci, Antonio Tajani, Cesare Previti, and Giuliano Urbani, Dell'Utri was one of the founders of Forza Italia! Association for Good Governance.[2]

In 1994, Dell'Utri was one of the founders of Forza Italia, together with Berlusconi, Previti, Tajani, and others; Forza Italia was a big-tent centre-right party, with liberal conservative (the right-wing of the Italian Liberal Party), Christian democratic (the right-wing of Christian Democracy), and social-democratic (the right-wing of the Italian Socialist Party) factions, whose aim was to collect all the votes of the disbanded Pentapartito, the governing centrist coalition that was dissolved after the Tangentopoli scandal, or in the words of Berlusconi, "not yet another party or faction born to divide, but a force born with the opposite objective".[3]

In 1995, Dell'Utri left Publitalia '80, the advertising company owned by Berlusconi. He was elected to Italy's Chamber of Deputies (the lower house of the Italian Parliament) in 1996. In 1999, was elected to the European Parliament, of which he stayed member until 2004.[4] Dell'Utri was elected as a member of the Senate of the Republic in 2001, and was re-elected in 2006 and 2008. He was member and later president of the Library and Historical Archive Commission, member of the 7th Permanent Commission (Public Education and Cultural Heritage), member of the 13th Permanent Commission (Territory, Environment, and Environmental Heritage), substitute member of the Italian Parliamentary Delegation to the Assembly of the Council of Europe, and substitute member of the Italian Parliamentary Delegation to the Assembly of the Western European Union.[5][6] Dell'Utri is the founder of Biblioteca di via Senato, l'Erasmo. Trimestrale della civiltà europea, Il Domenicale. He is also president of the cultural association Il Circolo Giovani.[7]

In March 2013, the Appellate Court of Palermo recognized Dell'Utri as a mediator between Berlusconi and Cosa Nostra;[8][9][10] he was also deemed by the Supreme Court of Cassation in 2014 as socially dangerous, decisive in Berlusconi's pact with the Mafia, and as having empowered Cosa Nostra.[11][12] In May 2014, Berlusconi's former lawyer Vittorio Dotti stated that Dell'Utri and Fedele Confalonieri were Berlusconi's only true friends.[13] When Berlusconi died in June 2023, Dell'Utri was one of the beneficiaries of Berlusconi's estate by will, from whom he inherited €30 million as a legacy.[14][15] Between 2021 and 2023, he also received from Berlusconi €900,000 through payments with ten transfers of €90,000 each.[16][17]

Collusion with the Mafia[edit]

Vittorio Mangano[edit]

Mugshot of Mafia boss Vittorio Mangano. From 1973 to 1975, Mangano was hired as stable keeper at the Villa San Martino owned by Berlusconi in Arcore. During an interview on 8 April 2008, Dell'Utri described Mangano as a "hero".[18]

In 1973, Dell'Utri introduced Vittorio Mangano, already charged for Mafia crimes, to Silvio Berlusconi, as a gardener and stable man at the Villa San Martino owned by Berlusconi in Arcore, a small town near Milan. Mangano's real job is alleged to have been to deter kidnappers from targeting the tycoon's children.[19][20]

Salvatore Cancemi and Totò Riina[edit]

In 1996, the Mafia pentito (justice collaborator) Salvatore Cancemi declared that Berlusconi and Dell'Utri were in direct contact with Mafia boss Salvatore Riina. According to Cancemi, the alleged contacts were to lead to legislation favourable to Cosa Nostra, in particular the harsh Article 41-bis prison regime. The underlying premise was that Cosa Nostra would support Berlusconi's Forza Italia party in return for political favours.[21] After a two-year investigation, magistrates closed the inquiry without charges. They did not find evidence to corroborate Cancemi's allegations. Similarly, a two-year investigation, also launched on evidence from Cancemi, into Berlusconi's alleged association with the Mafia was closed in 1996.[19][22] Cancemi disclosed that Fininvest, through Dell'Utri and mafioso Vittorio Mangano, had paid Cosa Nostra 200 million (€100,000) annually.[21]

Antonino Giuffrè and Bernardo Provenzano[edit]

According to Antonino Giuffrè, a justice collaborator who was arrested on 16 April 2002, the Mafia turned to Berlusconi's Forza Italia party to look after the Mafia's interests after the decline in the early 1990s of the ruling Christian Democracy party, whose leaders in Sicily looked after the Mafia's interests in Rome. The Mafia's fall out with Christian Democracy became clear when Salvatore Lima, their strong man in Sicily, was killed in March 1992. Giuffrè told the court: "The Lima murder marked the end of an era. A new era opened with a new political force on the horizon which provided the guarantees that the Christian Democrats were no longer able to deliver. To be clear, that party was Forza Italia."[23] If true, the allegations might explain the Berlusconi coalition's clean sweep of Sicily's 61 parliamentary seats in the 2001 Italian general election.[24]

According to Giuffrè, Dell'Utri was the go-between on a range of legislative efforts to ease pressure on mafiosi in exchange for electoral support. He said that "Dell'Utri was very close to Cosa Nostra and a very good contact point for Berlusconi."[25] Mafia boss Bernardo Provenzano told Giuffrè that they "were in good hands" with Dell'Utri, who was a "serious and trustworthy person".[24] Dell'Utri's lawyer Enrico Trantino dismissed Giuffrè's allegations as an "anthology of hearsay". He said Giuffrè had perpetuated the trend that every new turncoat would attack Dell'Utri and the former Christian Democracy prime minister Giulio Andreotti in order to earn money and judicial privileges.[26]

Legal issues[edit]

Conviction for Mafia collusion (2004)[edit]

Dell'Utri during his trial for Mafia association. He was convicted and sentenced to 7 years in prison, plus a life ban from public office, ex Art. 416 § 1, 4, and 6 c.p.

In December 2004, he was convicted in first instance for complicity in conspiracy with the Mafia (Italian: concorso esterno in associazione mafiosa) and sentenced to 9 years.[27][28][29] According to the motivation of the sentence, Dell'Utri provided "a concrete, voluntary, conscious, specific and precious contribution to the illicit goals of Cosa Nostra, both economically and politically". The judges described him as a bridge enabling Cosa Nostra "to come in contact with important economic and financial circles". Dell'Utri described the judges' deposition as "an uncritical endorsement of the arguments of the prosecution ... 1,800 uselessly repetitive pages".[30]

Conviction in appeal (2012)[edit]

Dell'Utri appealed the 2004 sentence, and the appeals trial began in 2006. The Appellate Court of Palermo sentenced Dell'Utri to seven years of detention for collusion with the Mafia for up to year 1992 having been acting as a liaison among Mafia bosses Salvatore Riina, Stefano Bontade, and Bernardo Provenzano, and being an intermediary between the criminal organizations in Sicily and Berlusconi. One of the incriminating circumstances being the employment of the mafia boss Vittorio Mangano under the disguise of a stable keeper at Berlusconi's villa in Arcore. The appellate court ascertained that Dell'Utri was an intermediary and advisor to Stefano Bontade up to the year 1980 and later up to year 1992 to Riina and Provenzano for direct investments in Milan, Lombardy, and Northern Italy aimed at laundering illicit profits coming from mafia criminal activities and drug trafficking by means of financial operations in companies based in Northern Italy.[31][32]

Dell'Utri appealed to the Supreme Court of Cassation. In May 2013, after the inconclusive 2013 Italian general election had led to the establishment of a grand coalition between the Democratic Party, The People of Freedom (Berlusconi's successor party, of which Dell'Utri was a member), and other minor parties, the centre-right coalition senator Giacomo Caliendo's proposed a law that would reduce the maximum possible jail sentence for the crime of external complicity in Mafia association, of which Dell'Utri had been convicted, from a maximum 12 years to five. The bill would have also removed the possibility of prison sentences being handed to those found guilty of aiding individuals involved in a Mafia association if no financial advantage was gained from this assistance, and the draft legislation would have further prevented prosecutors from wiretapping the conversations of people suspected of doing this. This attracted strong criticism from the centre-left coalition. The then Democratic Party deputy Laura Garavini commented: "It's a question of decency. The proposal simply aims to remove any possibility of uncovering who's helping the mafia from the outside."[33] The then Democratic Party senator Nicola Latorre accused The People of Freedom of using the bill to create discord in the grand coalition led by Enrico Letta, a moderate member of the Democratic Party. Latorre stated: "The sense is that [The People of Freedom] is issuing proposals that they know will profoundly divide the two parties. I hope this isn't the case."[33]

Supreme Court of Cassation conviction (2014)[edit]

The Supreme Court of Cassation definitively sentenced Dell'Utri to seven years in prison. The Third Criminal Section of the Appellate Court of Palermo declared Dell'Utri a fugitive when it was discovered he had left the country shortly ahead of the impending final sentence. At the moment the sentence was read in Italy, Dell'Utri was already being detained in Lebanon being swiftly captured in Beirut in a joint police operation led by Interpol and Lebanese police forces. Investigators tracked him down to a luxury hotel in Beirut, where he was arrested by police. The Supreme Court of Cassation convicted Dell'Utri of acting as a go-between for the Sicilian Mafia and the Milan business elite, including Berlusconi's companies, from 1974 to 1992.[34]

Escape attempt, arrest, and extradition[edit]

Dell'Utri was located and arrested in Beirut (Lebanon) on 12 April 2014 by a joint operation led by Interpol and Lebanese forces.

On 11 April 2014, the Third Criminal Section of the Appellate Court of Palermo issued an arrest warrant for Dell'Utri at the request of the national anti-mafia investigation department, which said it had obtained information that he might flee ahead of his hearing at Italy's highest court of appeal in Rome on 15 April 2014.[34] Following the issue of a European Arrest Warrant and an international Red Notice by Interpol, Dell'Utri was located and arrested in Beirut, Lebanon, in a joint operation involving Lebanese intelligence and the Italian anti-mafia investigation department. Dell'Utri was traced down to the five-star Hotel Phoenicia through the use of his credit card and mobile phone records. Dell'Utri was alone at the moment of his arrest and was found in possession of a large amount of cash.[35][36]

The procedure to extradite the detained Dell'Utri from Lebanon to Italy had been initiated by Italy's Ministry of Justice to the Lebanese authorities following his arrest in Lebanon on 12 April 2014. Dell'Utri remained detained in custody by Lebanese authorities until the completion of the extradition procedure. Throughout the entire procedure, the Lebanese prosecution office was in contact with the Italian authorities over the issue via the official diplomatic channels and the Interpol offices in Beirut.[37][38] On 13 June 2014, Dell'Utri was extradited to Italy and booked into a penitentiary in Parma, where he began serving his seven years prison term under a high-security regime.[39][40][41] On 8 May 2016, his request for transfer to a prison in Rebibbia, Rome, was accepted.[42] In July 2018, he was moved to house arrest in Milan due to health issues;[43][44][45] he suffered from heart disease, a severe form of diabetes, and prostatic adenocarcinoma.[46] On 3 December 2019, benefitting from an early release according to the law that reduced the 7 years sentence to 5 years and three months,[47][48][49] the then 77-years-old Dell'Utri returned a free man,[50] with two more years under special surveillance,[51][52] to be subjected to a judicial decision if deemed to be socially dangerous.[53][54]

Other proceedings[edit]

In 1999, the Supreme Court of Cassation sentenced Dell'Utri to 2 years and 3 months for tax fraud and false accounting. That same year, he was elected as a member of the European Parliament, and in 2001 was appointed a senator in Italy. The Italian legal system standing at the time allowed the statute of limitations to continue to run during the course of legal trial, thus nullifying the fact of the pending charge. A transcript of a tapped phone conversation became public in April 2006. The conversation was between the fugitive Vito Roberto Palazzolo, a notorious Mafia banker linked to Bernardo Provenzano, and his sister in Milan. Palazzolo, convicted in Switzerland for laundering drug money, absconded to South Africa in 1986. Italy was seeking his extradition from South Africa. In the tapped phone conversation, Palazzolo urged his sister to pressure Dell'Utri to disrupt the extradition attempts and offered to cut him in on construction deals in Angola. Implying that Dell'Utri was a link to the Mafia, Palazzolo said: "Don't worry, you don't have to convert him, he's already been converted."[55][56] On 15 May 2007, the Appeal Court of Milan sentenced Dell'Utri and Mafia boss Vincenzo Virga to two years each for attempted extortion of Trapani Basket Ball team by Publitalia, the Fininvest concessionaire.[57] On 20 May 2011, the Appeal Court in Milan nullified the sentence and acquitted Dell'Utri and Virga because there was no substance to the fact.[58]

In October 2009, Gaspare Spatuzza, a mafioso turned pentito in 2008, confirmed Giuffrè's statements. Spatuzza testified that his boss Giuseppe Graviano had told him in 1994 that future prime minister Silvio Berlusconi was bargaining with the Mafia, concerning a political-electoral agreement between Cosa Nostra and Berlusconi's party Forza Italia. Spatuzza said Graviano disclosed the information to him during a conversation in a bar Graviano owned in the upscale via Veneto district of the Italian capital Rome. According to Spatuzza, Dell'Utri was the intermediary. Dell'Utri dismissed Spatuzza's allegations as "nonsense".[59] Spatuzza's allegations were included in the prosecution of Dell'Utri's Mafia collusion appeal and Spatuzza repeated his allegations at the appeal trial.[60] Prosecutors argued that the Mafia spread panic with a campaign of terrorist bombings in mainland Italy in 1993, such as the via dei Georgofili bombing, so that Forza Italia could step onto the political stage in the guise of national saviour. The bombings stopped after Berlusconi first won power in 1994.[61]

On 29 June 2010, the Court of Appeals of Palermo reduced the 2004 nine-year sentence for collusion with the Mafia to seven years. The judges took six days to consider their decision, an extraordinary long time for deliberations. In reviewing the previous sentence, the appeals court said that the conviction stood for acts committed by Dell'Utri prior to 1992, while he was acquitted for charges after that year. The prosecution had asked that the sentence be increased to 11 years.[62] After the appeals court ruling, Dell'Utri expressed his admiration for the late Vittorio Mangano, a convicted mafioso who up to his death in prison denied that any link existed between Cosa Nostra and Dell'Utri and Berlusconi. Dell'Utri said: "He was a sick inmate who was asked to testify against me and Berlusconi and always refused to do so. If he had, anything he would have said would have been believed. But he preferred to stay in prison, and die there, rather than to make unjust accusations. He was my hero. I don't know if I could have resisted as much as he did."[62]

On 31 October 2017, Dell'Utri was enrolled in the register of people involved in underground negotiations between corrupted representatives of the Italian government and the mafia organizations in sicily (State-Mafia Pact) upon request of the public prosecutor, having the prosecutor's office obtained new relevant informations coming from the transcripts of telephone conversation in Palermo by the Mafia boss Giuseppe Graviano involving Dell'Utri together with other people implicated in the negotiations. On 20 April 2018, he was sentenced to a further 12 years in prison.[63] On 23 September 2019, the Court of Appeals of Palermo acquitted Dell'Utri of the charge for not having committed the facts ascribed to him.[64] According to the sentence, issued after three days of deliberation, the State-Mafia Pact was real but was not a crime, and thus Dell'Utri and other defendants were acquitted; the Mafia bosses were convicted for extortion.[65]

Controversies[edit]

In addition to his Mafia-related conviction and proceedings, Dell'Utri attracted controversies for several claims and statements. In 2007, Dell'Utri claimed to have located a number of Mussolini diaries, which had been allegedly lost; these were later discovered to be forgeries. On 11 February 2007, Dell'Utri announced that he had received from the children of a deceased partisan. (whose name he refuses to reveal) five alleged diaries handwritten by Benito Mussolini, containing notes from 1935 to 1939. Some historians, such as Francesco Perfetti, initially showed themselves to be possibilities; others, such as Giovanni Sabbatucci, Valerio Castronovo, Emilio Gentile, Luciano Canfora, and Denis Mack Smith were sceptical. L'Espresso subsequently reported that a study had denied the authenticity of the diaries, which had already been exposed as fakes by The Times in 1980 and Sotheby's in the 1990s. After several months of studies conducted by Gentile and the Italian graphologists president Roberto Travaglini, macroscopic historical discrepancies and handwriting that cannot be traced back to Mussolini were found. Significant inconsistencies, anachronisms, and errors were found to characterize the content of Mussolini diaries and showed it to be forgeries.[66] According to the scholar Mimmo Franzinelli, the person who kept the diaries was Aldo Pianta, a merchant from Domodossola and son of an Italian partisan.[67]

A few days before the 2008 Italian general election, in an interview given to journalist Klaus Davi, he stated that Vittorio Mangano was "a hero, in his own way" because, according to him, while Mangano was in prison for multiple crimes (from 1995 to 2000, the year of his death),[68] he would have refused to make statements against him and Berlusconi in exchange for release even in the last months of his life, when he was terminally ill with cancer.[69] In the press conference held following his conviction for external complicity in a mafia association on 29 June 2010, Dell'Utri stated: "Mangano remains my hero: I don't know if, finding myself in his place in prison, I would be able to resist without naming names."[70] Ezio Cartotto, who was Dell'Utri's collaborator, stated before the judges of Caltanissetta and Palermo: "Every now and then [Dell'Utri] would blurt out against Berlusconi, and once he told me 'Silvio doesn't understand that he has to thank me, because if I were to open my mouth I...'"[71][72] These words were interpreted by some journalists, including Marco Travaglio, Daniele Luttazzi, and Carlo Freccero, who were acquitted from the charges of forgery and slander for what they stated during the 2001 interview with Travaglio at Satyricon, as a sort of threat towards Berlusconi to urge him to find legislative solutions before the Supreme Court of Cassation ruling.[73] Over the years, Dell'Utri attracted controversies over his statements about Fascist Italy, which had been criticized as showing sympathy for Italian fascism and Mussolini. In May 2009, in another interview with Davi, Dell'Utri argued: "Mussolini lost the war because he was too good. He was not at all a ruthless and bloodthirsty dictator like Stalin."[74] He also stated his intention to start the revision of history books he claimed were "conditioned by the rhetoric of the Resistance".[75]

See also[edit]

References[edit]

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Italian Senate
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Italian Chamber of Deputies
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