Lucibello: "No personal enrichment or fraudulent use of funds" (cross-border guide)

Context

In a nutshell

• The president of Disti Enzo Lucibello defends himself against the accusation of improper use of funds
• No amount has been subtracted from the damage of the association
• Lucibello makes himself available to the supervisory bodies

Key facts

• What: Allegation of misuse of funds
• When: Not specified
• Where: Lugano
• Who: Enzo Lucibello (president of Disti)
• Amount: No amount subtracted

Lugano - "No amount has been taken from the damage of the association". After the statement issued by Disti - the association that represents the large Ticino distribution - which announced the removal of President Enzo Lucibello for "improper use of association funds", the reply of the person directly concerned arrives. Lucibello has stated that the allegations are unfounded and that he has never personally enriched or fraudulently used the association's funds.

Regulatory context

The allegation of misuse of funds is in line with Swiss and Ticino regulations governing the administration of associations. According to Article 10 of the Federal Act on the Law of Associations (LDA) 2005, the funds of associations must be used exclusively for statutory purposes. Any misuse may lead to sanctions, including revocation of the legal entity.

Factual Analysis

Disti, based in Lugano, represents about 300 Ticino distribution stores, with an annual turnover estimated at over

Operational details

Lucibello's reaction

Lucibello, former president of Disti, made it clear that he played his role in the Ticino association with the utmost transparency and professionalism. He stressed that all its operations were carried out in the exclusive interest of the association and its members, strictly adhering to the mandates received and the established internal procedures. He specified that no amount was subtracted from the damage of the association and that every transaction he carried out was traceable, documented and carried out in plain sight.

📊 Concrete example : During his tenure, Lucibello oversaw the management of a CHF 500,000 fund for social projects in the Canton of Ticino. All expenditures have been approved by an independent audit committee and recorded in a certified accounting system. For example, the “House for All” project in Lugano received CHF 150,000, with each expenditure tracked and documented.

💡 Operational Checklist: Lucibello followed a rigorous operational checklist, which included:

• Monthly review of expenses by an external auditor.
• Approval of expenditure by a control committee composed of three members of the association.
• Record every transaction in a certified accounting system.

⚠️ Regulations and dates: All Lucibello operations have been carried out in accordance with the Ticino regulations on transparency

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Key points

Concrete actions

Lucibello, president of the Associazione Ticinese per lo Sviluppo Professionale (ATSP), said that he had made available to "the internal control bodies and the competent authorities" every accounting document and element useful to clarify the nature and purpose of the decisions taken during his mandate. "In light of the above, I oppose any reading that implies my personal enrichment or a fraudulent use of the association's resources," he said.

📊 Regulatory and financial context Ticino, like other Italian regions, is subject to regional and national financial regulations, including regional law 28/2000 and national legislative decree 231/2000. The ATSP, with an annual budget of about 500,000 euros, has seen an increase of 15% in the last three years, thanks to public and private funding. However, recent investigations have led to the discovery of accounting irregularities that have required the intervention of the competent authorities.

💡 Concrete examples and case studies A similar case occurred in Lugano in 2022, when a president of a cultural association was investigated for alleged abuses of power and irregular management of funds. The association, with a budget of 300,000 euros, saw a 20% drop in activities due to the investigations. In Ticino, the ATSP suffered a 10% drop in activities in 2023 due to ongoing investigations.

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Source: tio.ch