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 Post subject: Re: GIAMBRONE & LAW
PostPosted: January 31st, 2013, 12:29 pm 
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Location: Herefordshire/Badolato
viewtopic.php?f=4&t=3931 look at this thread. headed GG loses at SDT. judgment to be handed down soon.


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: February 1st, 2013, 9:06 pm 
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Any update on the judgement made today? did it go ahead?


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: February 2nd, 2013, 12:51 pm 
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Location: London
See post at viewtopic.php?f=4&t=3931


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: February 24th, 2013, 10:08 am 
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For anyone in Belfast with an action or potential action against Giambrone, they may wish to attend this hearing tomorrow.

COMMERCIAL LIST at ROYAL COURTS OF JUSTICE on 25 Feb 2013 in COMMERCIAL COURT at 09:45.

Case Ref: 11/096121

JAMES CRAVEN, CAROLINE CRAVEN & OTHERS V BELLANCA ALESSANDRA PRACTISING AS GIAMBRONE & LAW SOLICITORS AND EUROPEAN LAWYERS, D'ARPA ANNA CINZIA PRACTISING AS GIAMBRONE & LAW SOLICITORS & EUROPEAN LAWYERS, GIAMBRONE GABRIELE PRACTISING AS GIAMBRONE & LAW SOLICITORS & EUROPEAN LAWYERS

Reason for listing: For Judgment

To find upcoming court dates go to:

https://onlineservices.courtsni.gov.uk/ ... ourtlists/ (select search all dates, Royal Courts of Justice, Belfast) Comercial Court, Commercial List)

RECENT PRESS ARTICLES ON GIAMBRONE

http://www.bbc.co.uk/news/uk-northern-ireland-21534122

DEVELOPMENTS WITH ACTIONS IN THE HIGH COURTS IN BELFAST AND LONDON

Jewel of the Sea
El Caribe
Isca Marina
Vista Montagna
Bella Vista II

There are actions being launched or being considered on a number of other VFI and Italian Connection developments. If you have lost money as a result of using the services of Mr Giambrone, please contact me and I will try and put you in touch with your fellow claimants so you can either launch proceedings together or join actions already started.

In view of the fact that the BBC are reporting that liability was conceded where the action claimed Mr Giambrone operated under a conflict of interest, there is seemingly no need to wait for the outcome of the current hearings in London or Belfast (particularly if you are an Italian Connection purchaser) and you should NOT wait if you intend to take legal action because of the statute of limitations.

This is a matter of English law and English solicitors or barristers should be instructed. Please contact me if you wish to obtain a list of current solicitors or barristers acting on behalf of claimants in Northern Ireland and England.


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: February 24th, 2013, 12:36 pm 
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To find actions against Giambrone in London

http://www.justice.gov.uk/courts/court- ... ause-rolls (Chancery Division)
http://www.justice.gov.uk/courts/court- ... -cause-rcj (Queens Bench Division)


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: February 25th, 2013, 7:20 pm 
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25 February 2013

Italian holiday homes investors tell of shattered dreams

Investors who paid 50% deposits on Italian property that was never built have described how their holiday home dreams where shattered.

Lorraine McGuigan and her brother Jim Craven were among 13 buyers who became locked in a five-year legal battle.

As they secured judgment in their £1m action against the law firm involved in the sales process, Mrs McGuigan said: "It's just been nothing but heartache."

She paid a deposit of almost £50,000 in the proposed El Caribe apartments.

Along with Mr Craven, a former building site foreman who also invested a similar amount, she planned to open a bistro in the area, in Calabria.

Conflict

The properties were also to be located near ski slopes, leading them to think it was the perfect base for their families. But despite investing in 2007, no building work was ever carried out on the site.

Legal proceedings were launched at the High Court in Belfast against Gabriele Giambrone and his firm, Giambrone & Law.

It was alleged that the defendants breached their professional duty to protect the deposits.

The action also claimed Mr Giambrone operated under a conflict of interest, did not properly advise the investors and released their money to a third party agent without authority. Liability was conceded on the eve of trial, leaving the 13 investors facing a new fight to enforce the outcome and recoup their deposits.

Mrs McGuigan said: "This was our dream. We were considering going over and opening up a little restaurant.

"But we've just been given the run around. We're just normal people who have to work hard for a living - we can't afford to lose £500, never mind £50,000."

She added: "We feel totally let down by the legal system that should have been there to support us."

In court, Mr Justice Weatherup ruled that judgment for the plaintiffs would be in sterling, rather than euros, with 4% interest.

Following his confirmation the investors' lawyer, Simon Chambers, also revealed that injunctions have been secured against Giambrone and his insurers in a bid to stop any dissipation of funds earmarked to meet the judgment obtained.

Mr Chambers also vowed: "We will continue to pursue the insurers and the defendant until my clients get their money back."

http://www.bbc.co.uk/news/uk-northern-ireland-21575853


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: February 26th, 2013, 3:18 pm 
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On Friday 22nd February, Simon Chambers of Russell & Co obtained freezing orders against Giambrone and the insurers (AIG). This was done ex parte and without notice.

The effect of the orders are that:

(1) neither GG nor the insurers can touch money to the value of the claim; and

(2) they have to swear affidavits of assets, informing the courts what monies they have got and where they are currently located.

A hearing is scheduled for the 28th February in relation to these injunctions and is open to the public.


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 5th, 2013, 7:17 pm 
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So somehow everybody's favorite lawyer does not feature on the other lists viewtopic.php?f=4&t=3972 yet features on the Guardia di Finanza video viewtopic.php?f=19&t=2405&p=31649#p31649 .

I wonder if the UK proceedings are in any way related to what is happening in Italy - are these cases crosschecked?


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 6th, 2013, 8:17 am 
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http://www.telegraph.co.uk/news/uknews/ ... cheme.html

"One of the firms named by Italian investigators yesterday was Giambrone & Law, based in London and Palermo, Sicily, which last month lost a £1m battle with 13 property buyers from Northern Ireland over Italian holiday homes that were never built.

The investors paid out 50 per cent deposits for apartments in Calabria in southern Italy nearly six years ago but the proposed El Caribe development never took place.

Giambrone Law said it carried out conveyancing work on a residential property in Calabria developed by the money laundering suspects.

A spokesman said Giambrone had had no idea any money may have been laundered and said they were approached by Mr Fitzsimons at an Italian property trade show.

"He is involved in the marketing company that does advertising for the development," the spokesman said. "Irish developers work across Europe. It's not strange." "


Close to tears, again, having had his personal assets frozen, Giambrone testified under oath in Belfast last week that he and his lawyer had assisted the police with their enquiries after he had received threats.

I understand that he lost an appeal in Belfast yesterday which was ruling on the admissibility of a posting he made on Facebook in connection with monies due to be paid to the El Caribe claimants. The hearing in relation to whether the Mareva Injunction will be lifted is expected to conclude on Friday.


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 6th, 2013, 9:42 am 
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Interesting history this Fitzsimonds character. In all my years in Calabria it's an Irishman I should fear the most!


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 6th, 2013, 10:02 am 
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"Veteran ’Ndrangheta investigator Nicola Gratti last night called the “Metropolis” inquiry “the most important investigation into money laundering in Italy in the last 10 years”.

http://www.irishtimes.com/newspaper/wor ... 31219.html


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 6th, 2013, 10:12 am 
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"Links between the IRA and the Italian Mafia are revealed in a document opened before an Italian court."

http://www.independent.ie/irish-news/re ... 11818.html


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 6th, 2013, 10:16 am 
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Operation Metropolis - From the Guardia di Finanze video (http://multimedia.gdf.gov.it/video/Atti ... i-di-euro/)
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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 6th, 2013, 1:16 pm 
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A Google translation from
http://robertogalullo.blog.ilsole24ore. ... imons.html
Posted March 5, 2013 by Roberto Galullo
journalist with experience in criminal economy and organized crime

The IRA, the military organization of Irish independence and the 'Ndrangheta do business together.

A survey reveal it is the Metropolis in which the anti-mafia prosecutor in Reggio Calabria today arrested 20 people linked to gangs and Morabito Aquino for the crimes of criminal association, fraudulent transfer of value and reinvestment of capital offenses and seized movable and immovable property to 450 million. The surveys were conducted by the Prosecutor added Nicola Gratteri and substitutes Maria Luisa Miranda and Paul Sirleo.

The link between the gangs and the army of Africo officially dissolved in 1998, is (would be) Henry James Fitzsimons, born 28 November 1949 in Belfast (Northern Ireland) and resident in Brancaleone (Reggio Calabria). According to the reconstruction of the Prosecutor, Fitzsimons is charged with promoting Ireland and Great Britain offer and reserve the property and provide potential customers with advice and assistance in buying and selling.

TERRORISM

Fitzsimons is a historical character of Irish terrorism, yet close to separatist political movements in Northern Ireland. The letter of request with England in 2009 showed that it is also close to the party of Sinn Féin, notoriously identified as the moderate and legally recognized the armed wing.

The membership of the IRA terrorists Fitzsimons - explicitly refers to the order on page 26 - in addition to the official channels and institutional proved, conclusively, by a series of wiretapped conversations.

After eight years in jail, just for the sake of terrorism, "invented" entrepreneur and dedicated to a series of major investments, multiple and varied. The wealth is absolutely invaluable and lively areas where winds are varied, as well as the geographical areas concerned.

To move capital and invest - supports the accusation - Fitzsimons does not care about having to justify the origin or ensure that such is lawful and even on some occasions peacefully admits to act on behalf of others. Its strength is in the financial structure put in place to support the economic: a series of bank accounts payable to nominees and placed in different countries many of which operate in off-shore. The system created is functional just to make the money of endless laps in order to evade origin and destinanzione.

Fitzsimons, with two other people (an entrepreneur Campania, Antonio Velardo and Cuppari Antonio, a Calabrian considered by the investigators inserted fully into the "local" 'Ndrangheta Africo with the dowry of "gospel"), since 2006 it would take money in the construction of tourist complex "Jewel of the sea" in the municipality of Brancaleone.

The resources used - allegedly - would likely result of crimes committed in Ireland and crimes of the clans of Africo and Brancaleone. In particular, are the fruit of drug trafficking.

A Fitzsimons and entrepreneur Campania heads the Vfi Overseas properties real estate Agent Ltd, based in Dublin, Central Chambers Dame Court no. 41. It is they who made it and fund it. This company offers - exclusively - to the company Rdv Ltd. Brancaleone (whose legal representative is the suspect linked to gang Morabito), a continuous influx of tourists / customers from Northern Europe to the purchase of real estate that faanno the building complex "Jewel of the sea", which is nothing more than the "Jewel of the sea".

FRIENDS

Among the entities referred to Fitzsimons uses, according to the prosecutor, the principal is the 'Neapolitan entrepreneur Velardo. He, for the DDA, is the hand across the entire country, one that follows the business field. The area it covers is investment property, having the same also different projects being carried out in Calabria.

By his own admission his riccherzza and prosperity was due to the relationship with Fitzsimons, so that should explain to those who knew him in the past that he had become suddenly rich. According to the DDA Reggio is fully inserted into the gears of the Irish financial and moves their capital by exploiting the off-shore financial structure and the nominee to ensure irretrievability capital. The entrepreneur is useful to Fitzsimons also for his knowledge of the territory, the ability to acquire information about counterparts in Calabria, the owners of the land, the possible real estate and corporate acquisitions.

THE JEWEL OF THE SEA

It is from this union that the prosecutor in Reggio can be assumed that it is the idea to create the "Jewel of the sea". The Neapolitan entrepreneur, moving in real estate investments in Calabria, learns (many are in fact the business usually proposed to him or that he search) the possibility to build near the coast of jasmine. This possibility was already known in the industry because there had been some attempts. So he turns to the family of reference in the area agree that participation in the development.

The construction of the village is entrusted to Rdv Antonio Cuppari, considered by investigators is an entity affiliated with the 'Ndrangheta of Morabito Africo. Has (have) the degree of "gospel," he repeated previous drug trafficking, has absolutely no business experience in the field of construction of tourist resorts.

Improvised, so creator of "Jewel of the sea". Also invests capital whose origin is unknown, and certainly not compared to its economic and financial capacity. Cuppari according to investigators is the man of the family Morabito for real estate investment, invests the money of illicit origin and participates in the profits of the building. Fitzsimons and Velardo are - according to the survey - co-financing of the company Cuppari and intermediaries in the sale of the apartments. In this way, they also participate in economic investment and clean up the money moved through revolutions "psychopaths" and coming from the unlawful past associated Fitzsimons. "Well, everyone has their own personal gain and the use of illicit proceeds - we read in the order - and the transaction will achieve the goal by the protagonists of the story, and allows to obtain useful results. Ovviamante is needless to say that the presence of local reference has provided to overcome any obstacle, even carratere bureaucratic and construction and above all the protection you need to operate on the territory, but, in contrast, claimed their rights therefore imposed the company for the construction of the village, reacted in their own way when there are disagreements and disputes incui financial. Sostanzialemente, therefore, from the information it is possible there is no doubt that in this tourist facility are going to merge two separate transactions illegal re-use of money: one engaged in by Antonio Cuppari, which takes in economic activity proceeds of crime, and a mail be from Fitzsimons, who, with the complicity of Velardo, employs laundering linked to terrorism and other crimes. "

LACK OF CO

With reference to Fitzsimons, the corresponding British and Irish authorities have not demonstrated a fully collaborative attitude towards the judicial Italian, not having provided information about the origin of the huge economic availability of the suspect and being limited to validating the data, already caught by Italian investigators through conversations captured during the investigation, that the same has been held (eight years) for terrorist offenses committed as a member of the separatist group IRA (Irish Republican Army).

It is in this membership and related links and activities that can be reasonably traced - according to prosecutors - ingentissimo the flow of money that the suspect has proven to have promptly and that, as stated by the same, is to be "recycling" in this assisted by his 'hook' Italian (his real long arm of the country) that the investigations have shown to be Velardo, investigated also significantly without significant income (from 2000 to 2007 said income for amounts between € 0.00 and 9305.00), but in constant contact - in a subordinate position to Fitzsimons - with subjects (often proved as Cuppari, members of organized crime) business.

According to the DDA Reggio Fitzsimons so that Velardo were well aware of what they themselves called it, so non-technical but quite significant, "recycling" (Fitzsimons), not to mention the explicit statements of Velardo, according to which "the money has to come in Ireland, then return to Italy, they make movements psychopaths "(16.2.2009), and that just talking with Cuppari (29.5.2009), he was able to say that" some customers pay in Russia and that money will have to take a ride particular. "


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 6th, 2013, 1:33 pm 
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A Google translation from
http://www.corrieredellacalabria.it/sto ... _dei_clan/
Posted March 5, 2013 by Alessia Candito

Just a couple of months ago, the thirty-five Gabriele Giambrone, just awarded the "Best Law Firm of the Year of Italy 2012" awarded by Acquisition International Magazine, a prestigious British magazine specializing in finance and business law, declared: " It is an honor for us to receive this prestigious award from a jury of experts as to Acquisition International Magazine, we have worked hard in recent years to earn the trust of our clients and colleagues. " Now, however, the rampant thirty-five Palermo and Sicily in an interview with the newspaper explained that his job was to "introduce companies to foreign partners to export their products on world markets with their huge audience of consumers and foreign suppliers for obtain raw materials at lower prices, "it may take a bad quarter of an hour.
Since this morning, the men of finance have sifted through the seat of his study Palermo Giambrone & Law to look for traces of the castle company that for years has allowed the Aquino clan and Morabito to reinvest capital in mafia activities formally clean. Although the owner of the firm is not formally investigated, it is more than likely to have been crossed by a chill, read the passage in order for custody when the investigating judge Minniti emphasizes that the investment strategy in the field of creation - and subsequent For Sale - tourist and residential complex construction, which is implemented by members of the Summit of Aquino clan and Morabito, has given rise to "the indispensable use, with a substantially constant over time, specific figures without which business and professional organizations Mafia criminals, despite their ability to control the endemic area, they could initiate and pursue this form of investment. The contribution of these figures occurred in the awareness of the context of action and, therefore, to encourage the same criminal organizations. "
And by studying Giambrone & Law would be passed millionaires cash flows over the years would have greased the Italian Connection Properties SL and Bella Calabria 2005 Ltd., the two companies will focus on investment that the clans and their associates have made in Calabria. Money that has followed paths deliberately complex "movements psychopaths" as one of the suspects - the entrepreneur Campania Antonio Velardo - tell a wiretap to conceal the illegal origin, and cleaned and legitimized through the filter of a galaxy of companies Italian and foreign, was used to finance the overbuilding of the Ionian coast.
A double insult to Calabria, devastated by the cement and bent consensus dictated by the threat of unemployment, through which the clans have consolidated their power in exchange for a handful of jobs. And "the ability of criminal organizations to" manage "and control the territory guarantees (is) the acquisition of land and the achievement, at least without obstacles and administrative procedures and preferential" privileged "the necessary administrative permissions to start and carry out activities "is for the investigating judge one of the strengths of an economic and financial refined, which took in an unexpected director Rocco Morabito.
A march to the car, still showing the investigating judge Minniti "was not so much the arrival of the money" cash "from Spain, since the substantial" agreement "between those who have been carrying capacity to develop investments by guaranteeing the sale of property abroad with a certain speed, and representatives of the local organized crime that have basically monopolized the industry, ensuring - thanks to its criminal force - only to certain (complacent) subjects, and in certain circumstances, the opportunity to participate in the construction of real estate complexes under investigation. "
Residential tourism on the Calabrian coast so what would have been their and their cronies, identified in a mass of society in which social structure, however, were attended by members of the clan, as the Spanish Fausdom SL And Italy Connection Properties S.L. and by the Italian company Bella Calabria 2005 srl.
A complex reconstruction, which the investigators achieved by interlocking banking relationships Italian, English and Spanish, which - though incomplete - give the measure of swirling turnover of the gangs of Jonica had set up. To act as a crossroads, it was largely the London law firm Giambrone & Law, by which current accounts - as to how the order for custody - only between 2007 and 2008 would have passed more than 20 million euro, then shot in Spain, the Italian Connection Properties SL and, in Italy, the Bella Calabria 2005 S.r.l.
A framework only partial, because - it says - "with reasonable probability the amounts entered into the two companies or other parties related to the deal of real estate complexes are higher than those quantified. However due to lack of part of the information bank, it could not proceed to a more accurate quantification. "
Indicative of this probability - is emphasized in the order of remand - is the fact that the cited British accounts have been paid during the period 2006/2008, amounts to 55,000,000.00 euro. Mind-boggling landed mainly two companies are clearly due to the clan. The first is the Italian Connection Properties SL, based in Torrevieja, near Alicante, which owns 100% of the shares of its namesake Italian twin, but is wholly owned by MEDSEA Group. Sole director of the three corporate entities, is a seventy year old British native of lost Heddersfield, which does not appear to have had - as emerged from the investigations carried out - never an active role or management practice. Officially, the company and its emanations dealing with "advertising and public relations," but the main activity is "the achievement of revenue for real estate services provided to promoters, mainly foreign, and, in the reference 2008, Italians , and the payment of commissions for cooperation with third parties, for the most part still living abroad, in search of customers for promotion in which you provide the above mentioned services. "
This is the company that until 2008 would act as a shield between the Bella Calabria Ltd. and the London studio, receiving from the capital and then turn them with his Italian counterpart, only from January 2007 to June of the same year the study Giambrone & Law fed, for a total of € 11,400,000.00, current accounts of Spanish Italian Connection Properties SL, which consistently has transferred these flows, for a total of almost € 9,500,000.00 of the accounts Italian current of Bella Calabria 2005 srl. All that money would come from the law firm of clan, their foreign partners and companies related to them, but adequately concealed behind nominees complacent.
The mechanism jams in 2008, when the Italian Connection Properties SL is dragged to the bottom of the bankruptcy proceedings involving its Italian counterpart. That's how Bella Calabria 2005 srl is catapulted into the center of attention of the deal and investigation of the investigators who discover that in less than a year - from August 2007 to June 2008 - the study Giambrone & Law arrive at the Bella Calabria 2005 srl 8700. 000.00 to finance purchase and construction of property complexes attributable to the clan. A gamble to 'ndrine who run the operation, because at least the suspicion that things were not really transparent, it is immediately to those who have to deal with such transactions, as the Advocate Iolanda Ferrigno, general counsel of Bella Calabria, is intercepted on the phone with Bruno Verdiglione, for the investigators to the man near Aquino.
Ferrigno: "Yes, I should be I do not know if there is trouble, things ... crimes behind ... Giambrone. "
Verdiglione: "Crimes that are, but what crimes? If the client has sent money to Giambrone Giambrone and relocated them, what crimes are Jolanda? You do not is that the FBI, if the operation is technically not correct amounts have been circulating in black and everything is fine ... ".
All right. Or so it would seem. And it is for this reason that the financing of the construction of tourist complexes by Bella Calabria 2005 srl was hidden - at least formally - through other companies which srl was bound by a contract as a middleman between manufacturers locally and overseas buyers of residential units built . In fact, they were the same members of the Bella Calabria 2005 Ltd. to finance the manufacturers. To have it run, during a conversation intercepted by investigators, are Dominic Vallone - one of the formal owners - and the lawyer Ferrigno.
Speaking of the whole "Amusa Sea," Vallone explodes: "... [...] ... those houses is that has made the engineer (builder, editor's note) with his own money! made them with the money that we gave ... [..] ... when you decide he (referring to the manufacturer, ed) me it seems not, when it is better to sell and sell when customers arrive, when he sells mica those houses are all yours! is now .... is not that we must broaden the engineer .. [...] ... ".
An explicit declaration that is confirmed in another intercepted conversation, during which another "partner" - according to investigators wooden head of the clan - Fausto Ottavio Strangio Cat attacks the lawyers, office of the manufacturer Vito Nardi, partner and managing director of Lagano Construction Ltd, engaged in the construction of the building complex "S. Rocco 2 "Isca of the Ionian Sea (CZ). "Nardi - growls Strangio - not worth a ********************************* ... the manufacturer has no right ... he should expect when expires and restores us our money ... which we paid because we have paid with the money of our company we have data to build him ... [...] ... ".
The framework for the investigators, is clear: 'ndrine, by Bella Calabria 2005 srl keep the "lordship" investment because they are to fund immediately - and for the most part - the creation of complex, ousting the same manufacturers from any decision-making power on the sale of individual properties.
And it is on the basis of these findings that the investigating judge can not conclude that the two companies were part of a corporate "unique design investment, in which the Italian Connection Properties SL was to be framed as a simple additional "diaphragm foreign" aims to diversify the structure of which had formed part of official corporate investment in tourism-residential. " But the true "core" of the whole investment was and has remained the Bella Calabria 2005 srl, plastic representation of equitable sharing of interests and affairs of Morabito and Aquino, whose direct representatives Fausto Ottavio Strangio, Dominic Vallone, Francesco Arcadi, Domingo Bernal Diaz - finished today in handcuffs - sat on the board of the company. But this is just a glimpse of a galaxy complex financial and articulate, played on the folds of the law and autism banks - blind and deaf in the face of massive flows of capital - which devastated a piece of Calabria.


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 7th, 2013, 4:26 pm 
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http://www.irishtimes.com/newspaper/wor ... 67725.html

"Mr Fitzsimons used a series of false names, according to the warrant..."

"It furthermore states that vast sums of money were transferred to VFI Overseas Italia via London law firm, Giambrone and Law. From 2006-2008, more than €20 million was transferred to the Spain-based Italian Connection Properties via Giambrone and Law. In this period, €75 million went through the Giambrone and Law accounts."


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 8th, 2013, 11:51 am 
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Belfast Telegraph Today

http://www.belfasttelegraph.co.uk/news/ ... 14852.html

"If the PSNI or the Italian authorities want to see my bank details they are welcome."

http://www.belfasttelegraph.co.uk/news/ ... 14851.html


"According to Simon Chambers, Fitzsimons entered into an agreement with Italian lawyer Giambrone, who took payment of 50% deposits for the holiday homes from investors. Mr Chambers said that 62% of that deposit was then paid over to Fitzsimons."


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PostPosted: March 8th, 2013, 12:14 pm 
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http://www.newsletter.co.uk/news/headli ... -1-4853346
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Facebook comment is clearly relevant – judge

Published on Wednesday 6 March 2013 09:19

AN Italian lawyer’s “intemperate and vituperative” posting on Facebook can be included in legal action against him for unbuilt holiday homes, the High Court ruled yesterday.

Gabriele Giambrone claimed comments on the social media site were confidential and should be kept out of proceedings by 13 Northern Ireland buyers seeking to recover £1 million worth of deposits.

But Mr Justice Horner held that the relevant remarks should go before the judge who will decide whether to grant a full injunction on any disposal of assets.

He said: “I consider that publication, even if it was intended to be private, is not private any longer. The horse has well and truly bolted.”

Last month, investors secured judgment against Mr Giambrone and his firm, Giambrone & Law, over proposed apartments in Calabria in southern Italy.

Despite putting down 50 per cent deposits on the El Caribe development, building work was never carried out on the site.

It was alleged that the defendants breached their professional duty to protect the deposits.

The action also claimed Mr Giambrone operated under a conflict of interest, did not properly advise the investors and released their money to an agent without authority.

Liability was conceded on the eve of trial, leaving the 13 investors facing a new fight to enforce the outcome and recoup their deposits.

Although a temporary injunction was secured against the defendant and insurers to stop any dissipation of funds, a final determination of that issue is still to be made.

Ahead of that hearing some of the investors and their solicitor were able to access Mr Giambrone’s Facebook account and discover a posting allegedly related to the case.

The court heard it stated: “They thought they knocked me down, now they will see the full scale of my reaction. “F*** them, just f*** them. They will be left with nothing.”

Mr Giambrone attempted to stop the posting being used in the case, arguing that it was private.

Mr Justice Horner pointed out: “Looking at the terms and conditions of Facebook, anyone who makes any posting on it does so at their own peril.”

Even if it was only intended to be seen by friends on the site, there is no restriction on them further disclosing the comments, the judge added.

He held that once the document was seen by the plaintiffs, it ceased to be confidential.

“The position is that Mr Giambrone, having made the decision to publish the comments on Facebook and having taken the risk that publication on Facebook entails, has now to face the consequences,” Mr Justice Horner said.

“That document is in the public domain, it’s clearly relevant, it’s necessary for fairly disposing of the issues and it’s in the interests of justice that the document should be made available.”

Following his ruling the plaintiffs’ lawyer, Simon Chambers, confirmed that he would also be seeking to use the posting on separate proceedings brought against Mr Giambrone by another 61 investors from Northern Ireland over a separate uncompleted development in Calabria
."

END

The hearing takes place in the High Courts today at 12pm.


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PostPosted: March 8th, 2013, 4:40 pm 
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This is simply priceless, a post that has brought a smile to my face and tears to my eyes - thank you, Lavender!


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 8th, 2013, 8:52 pm 
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Dear Thesaint
I would be grateful if you can amend soon your post dated March 6th, 2013, 1:33 pm:
"because at least the suspicion that things were not really transparent, it is immediately to those who have to deal with such transactions, as the Advocate Iolanda Ferrigno, general counsel of Bella Calabria"
cancelling the part "general counsel of Bella Calabria.
The undersigned avv. Jolanda Ferrigno is an independent solicitor, that did never work for Bella Calabria.
The news have been incorrectly appeared in The Corriere della Calabria and his Director Mr. Pollichieni has immediately rectified the article, after my request.
Many thanks for your co-operation in this matter,
avv. Jolanda Ferrigno


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: March 9th, 2013, 9:26 am 
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Gracie wrote:
This is simply priceless, a post that has brought a smile to my face and tears to my eyes - thank you, Lavender!


Hi Gracie, I thought this Facebook post was priceless!

Attachment:
stickitupyourass.jpg
stickitupyourass.jpg [ 40.63 KiB | Viewed 18969 times ]


Can any of Mr Giambrone's current clients confirm that the "client service experience" has improved since he transferred your file to Italy without your consent?


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PostPosted: March 19th, 2013, 7:14 pm 
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http://belfastmediagroup.com/harry-denies-mafia-claims/

With reference to Jewel of the Sea “The project has some problems, but we are still building,” said Mr Fitzsimons"


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PostPosted: April 16th, 2013, 11:09 am 
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The full written Judgment of the Solicitors Disciplinary Tribunal against Gabriele Giambrone has now been released and is available to view on this topic

viewtopic.php?f=4&t=4231


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PostPosted: April 17th, 2013, 1:29 am 
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doesn't seem that bad.


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 Post subject: Re: GIAMBRONE & LAW
PostPosted: April 17th, 2013, 6:36 am 
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A breach of basic duty of care and trust towards client and their instructions and breach of rules designed to stop financial mismanagement. Remember only 2 clients were cited as examples, more are trying to get and have received compensation. Civil proceedings are on going about people's purchases which have caused great distress and financial loss. So ....


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PostPosted: April 17th, 2013, 8:57 am 
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yeah but it could be worse


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PostPosted: April 17th, 2013, 9:56 am 
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how could it be worse?


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PostPosted: June 24th, 2013, 3:35 pm 
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Ionian wrote:
how could it be worse?


Well it is now.

Like the undead, Giambrone & Law have risen up and are again touting for work.

Be warned. Be careful.

Bob


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PostPosted: June 24th, 2013, 5:53 pm 
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Friend-of-Dr-Bob wrote:
Ionian wrote:
how could it be worse?


Well it is now.

Like the undead, Giambrone & Law have risen up and are again touting for work.

Be warned. Be careful.

Bob


In some respects I am glad he is still about and not gone to ground, because that way some of us who did not even get a brick for our investment, might see some return in the courts.


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PostPosted: September 4th, 2013, 10:20 am 
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howard wrote:


With regards the 3000 Euro, credit card companies have now found a loophole here that they will no longer refund this because they only guarantee for purchases between £100 and £30,000 and as the 3000 was part of the final build cost, they have closed the door.
Probably because there are a lot of us in that situation.


It's not a 'loophole' Howard, its an 'argument' and not a very persuasive one. One major UK bank which was jointly and severally liable with Medsea has just settled a breach of contract claim for a refund of the "deposit" paid to Italian Connection at the time of reservation.

By my own lay reading of the documents submitted and arguments put forward by the claimant, all Italian Connection clients who are resident in the UK are in a position to reclaim the 3000 euro "reservation fee" paid and other costs but would need to be within 6 years of the date the property was due to be delivered ie if your property was due to be delivered by 1st August 2008, then the claim must be made by 31st July 2014.


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PostPosted: September 5th, 2013, 9:03 pm 
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Hi Lavender. Do you have a summary of the argument put forward please, so that we can see if it applies to us.
Thanks Bill


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PostPosted: September 6th, 2013, 7:56 am 
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Hi Bill,

As Howard said, the argument is the value of the contract signed at reservation. The banks are arguing that the value of the contract exceeds £30,000 and therefore they are not liable. The claim value in this case was in excess of the reservation fee but did not exceed the £30,000 limit.

There are other claims against the major banks currently travelling through the claims process and my hope is that one of the banks will actually go into court to defend the claim and a court judgment in favour of the claimants is given. Then it will simply be a matter of other VFI/Italian Connection clients filing a letter of claim with their bank together with a copy of the judgment which would make the process a lot simpler.

Unfortunately there was one piece of evidence in this claim which had this particular bank rushing to the negotiating table to settle the claim so I don't anticipate at this stage anyone getting a judgment against one of the banks.

If you want to prepare to make a claim, you need to ensure you have paid over £1 of the reservation fee on a credit card NOT a debit card and you will need to find the following documents:

a) reservation form
b) The "congratulations" letter which you probably received from Medsea by DHL shortly after you returned from the inspection trip
c) any invoices for solicitors fees and evidence of payment (particularly if you used Giambrone & Law)

If you haven't got these documents, you may need to rely on the goodwill of your neighbours who have got their documents to realise your claim.

Will let you know how it goes over the coming months but hopefully by Christmas we will properly understand the position that a variety of British banks will take.

Lavender


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PostPosted: September 6th, 2013, 8:11 am 
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Bill, I have just found the thread where I wrote about this subject a few years ago (couldn't find it earlier)

viewtopic.php?f=3&t=1892


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PostPosted: September 6th, 2013, 10:28 pm 
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Hi, thanks Lavender. That's really useful to know. We were quoted the '£30,000 limit' by our bank, who declined the refund of our deposit, but according to what you are saying, it's a separate contract? Think I'll try again! Regards Bill


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PostPosted: September 7th, 2013, 7:45 am 
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Yes. Good luck. If there ever was a way to stop things like this happening again, and get some justice in the process it is to reclaim your losses from the banks who gave credit facilities to the likes of Harry Fitzsimons (VFI), Tony Gatehouse (Italian Connection) and Darragh MacAnthony (MRI).

If there are enough successful claims, the banks will go after them for their money and they most certainly wont be able to obtain banking facilities again.

Did you ever get your furniture pack?


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PostPosted: September 10th, 2013, 10:17 pm 
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Thanks Lavender... yes, amazingly we did get our furniture pack!.... well overpriced, but we were one of the lucky ones, as I know some people didn't get anything, and lost money on that as well.


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PostPosted: September 11th, 2013, 7:52 am 
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Well at least that's some good news! As you say, lots of people lost a lot of money buying furniture packs that probably wouldn't have fitted in the apartments that were being built.

Here is some information from the Financial Services Ombudsman about Section 75.

http://www.financial-ombudsman.org.uk/p ... redit.html

On this page, case study 2 gives an example of a customer allegedly buying an apartment in Cyprus.

The first line of this case study is critical. It says: "Miss L entered into an agreement to buy a new-build holiday apartment in Cyprus, costing €125,000."

I don't now the law in Cyprus, but you tell me, when you placed your 'deposit' on Pizzo Beach Club, were you agreeing to BUY a new-build holiday apartment because when I placed my reservation fee on San Rocco II, I most certainly was not agreeing to buy an apartment, I was reserving an apartment to have it taken off the market and to be provided with a service thereafter, which I did not receive.

The key to achieving success in your claim against the banks is not to reclaim your 'deposit' but to reclaim your 'reservation fee'. This is the mistake Miss L and many others before her have made. It may be called a 'deposit' but its not what its called that matters, its what it does.

All Italian Connection clients who completed on their properties should try and find their reservation forms and "congratulations letter" and ascertain whether they have received the services that were promised.

If they didn't, they may want to think about filing a claim now with the credit card company for a refund of their reservation fee and others monies paid for services Italian Connection were going to provide like transportation to the airport and back. Its a very simple claim to write, a reservation contract was entered into and a fee was paid, services were promised, they were not provided and therefore Italian Connection were in breach of contract.

Those that didn't complete might want to examine whether they have any 'consequential' losses i.e. losses that accrued because of a breach of contract or a misrepresentation by the Italian Connection and seek independent legal advice.

The claim I mentioned earlier took just over 3 months from claim to settlement.

Could be a post-Christmas bonanza or a pre-Christmas bonanza if one of the banks involved dares to take this before a judge!


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PostPosted: September 15th, 2013, 10:21 pm 
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Hi lavender re the refund is a claim against Italian medsea time barred I was involved in a deposit at villagio angela which today is not completed approx. 6 years now.and the contract term were changed from the original agreement thanks james hep


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PostPosted: September 17th, 2013, 6:22 am 
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Lavender wrote:

By my own lay reading of the documents submitted and arguments put forward by the claimant, all Italian Connection clients who are resident in the UK are in a position to reclaim the 3000 euro "reservation fee" paid and other costs but would need to be within 6 years of the date the property was due to be delivered ie if your property was due to be delivered by 1st August 2008, then the claim must be made by 31st July 2014.


As I understand it, the clock starts ticking from when the contract was breached and/or when the misrepresentation occurred James, not the date you paid the reservation fee.


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PostPosted: September 18th, 2013, 5:19 pm 
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Just an update to say my VISA company have refused my application for a 2nd time stating that my 3000 Euro was part of a deposit which counted towards my final paymemt of the property, regardless of contract state.
My only hope now is for some case law.


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PostPosted: September 26th, 2013, 7:47 am 
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Hi Howard,

Even Giambrone has said its an "initial reservation fee" and he should know, being the expert in off plan property acquisitions!! Check the advice he gave you when Bella Vista II didn't get built. I'm sure he would have advised you to sue Italian Connection, as he has others.

Its not your "Visa company" it's your bank who are jointly and severally liable and unfortunately I don't think the banks will take the risk and step through the courtroom door with this one because it could open the floodgates to hundreds if not thousands of very expensive claims from purchasers of off plan property around the globe, so there may not be any case law. We'll see.

In the meantime, I assume you have lodged a claim with the judicial administrators in an attempt to shine some sunlight into the big black hole that your money disappeared into?


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PostPosted: September 26th, 2013, 2:10 pm 
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Lavender wrote:
Hi Howard,
In the meantime, I assume you have lodged a claim with the judicial administrators in an attempt to shine some sunlight into the big black hole that your money disappeared into?


Oh yes, I managed to secure a substancial refund from the public liability insurers following my successful SRA case, and without any UK solicitor costs, which came as a relief after the alarming costs I was being quoted even for a joint group approach. :D

You never know, we might even venture back to Italy for a holiday once the bad taste has completely gone.


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PostPosted: February 19th, 2014, 4:19 pm 
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I dont know where to begin but can someone help or advise me in which direction to go

I am one of many who paid over 50000 euros to Italian Connections, Medsea, Giambrone Law, Bruno Verdiglione for a 2 bed property in Vista Montagna. I know this development was built but I was unable to complete for numerous reasons, the delay being the biggest factor. I have been told the property is now in the hands of the Juridical Administrators.

What can I do or who can I speak to.

Be great to hear fro anyone

Many Thanks
Gareth
gareth.baxter@ostc.com


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PostPosted: February 19th, 2014, 5:18 pm 
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Hi Gareth

Are you still wanting to complete?

Lorica


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PostPosted: February 20th, 2014, 11:52 am 
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My apartment is with the Jucdical Administrators!!

Cant complete or get any answers at the moment Lorica


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PostPosted: February 22nd, 2014, 5:29 pm 
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Gareth

Contact Antonella (if you haven't already) she might be able to shed some light on what's happening. Her email address below.

vista.montagna@libero.it


Lorica


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PostPosted: February 25th, 2014, 2:38 pm 
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Hi lorica

I have contacted Antonella, the apartment is in the hands of the Juridical Administrators. Antonella has sent all my information off to them but I have not heard anything.


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PostPosted: February 25th, 2014, 4:48 pm 
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when did she send all the information off. a few reminder emails may be in order.


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PostPosted: February 26th, 2014, 3:49 pm 
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Back in June 2013, she has told me now on a few occasions that I shouldn't call her any more and she will let me know when she hears anything! Such a shambles, details have been sent to a lawyer in Italy aswell.


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PostPosted: September 3rd, 2017, 11:51 pm 
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Giamborne finally admits and want their victims adequately compensated.

https://www.lawgazette.co.uk/law/law-fi ... 05.article


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