Public incentives for photovoltaic systems: a €5 million fraud

Financial-Police,-Varese-Provincial-Command
Financial Police, Varese Provincial Command

VARESE – Finance police from the Varese provincial command, as part of an operation aimed at combating the improper disbursement of public funds, have identified three companies controlled by Spanish entrepreneurs who improperly requested and obtained over €5 million in incentives for solar energy production from renewable sources. The investigation, conducted by the Gallarate-based company, began by analyzing electricity companies within the department's jurisdiction. This analysis revealed the presence of numerous companies with limited share capital but owners of significant photovoltaic plants, located primarily in central and southern Italy. These companies are managed by foreigners domiciled but not actually resident in Italy. Based on these initial findings, the positions of the companies under investigation were further investigated, including through an examination of their bank accounts.

The sums paid out were immediately transferred via bank transfers abroad

The investigations revealed an inflow of funds from the Energy Services Manager (GSE), the public body responsible for providing incentives for electricity production. However, the funds were immediately transferred via bank transfers abroad , particularly to Spain, without any plausible commercial justification. Subsequently, the authorization, construction, and incentive procedures for the photovoltaic parks built by the aforementioned companies were examined, with the complicity of an Italian individual. It was revealed that the companies had requested three separate authorizations from a municipality in the Marche region, falsely declaring the installation of three small photovoltaic plants. This ruse allowed them to obtain higher incentives from the GSE. In these cases, the public operator grants higher incentives to small energy producers to offset the higher costs incurred compared to larger plants, which are also required to obtain the Single Environmental Authorization issued by the Province, according to the GDF press release. 

The current accounts used for the crediting of the sums by the GSE

In reality, the case under investigation involved a single photovoltaic system connected to the same power plant and protected by a single fence. Therefore, the situation was reported to the Rome Public Prosecutor's Office, which is responsible for crimes related to the improper disbursement of public incentives , in order to request the urgent seizure of the illicitly received sums, also considering the significant transfers abroad. The investigating prosecutor ordered the freezing of the bank accounts used to credit the funds from GSE and the seizure of all assets held by the suspects up to a value of over €5 million. The emergency seizure order was subsequently validated by the Rome Preliminary Investigations Judge and confirmed by the competent Court of Review. At the conclusion of the investigation, the suspects were notified of the conclusion of the preliminary investigation pursuant to Article 415-bis of the Code of Criminal Procedure.

Savings of approximately another 3 million euros were allowed

The Guardia di Finanza's work was conducted to ensure the proper use of public funds to support production and employment growth. Specifically, the inspection resulted in savings of approximately €3 million, which would have been paid by the GSE to the companies under investigation until 2031. The liability of the investigated parties will be definitively determined only if a final conviction is issued. The dissemination of this press release is authorized by the competent Rome Public Prosecutor's Office in compliance with the provisions of Legislative Decree no. 188/2021, considering the public interest in information, particularly with regard to combating illicit trafficking and all other forms of economic and financial crime.

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