I finally got the summary on how to proceed with the case from the lawyer.
Here it is:
The trial will start in Cagliari (Sardinia) on 12 September and almost certainly will be able to split into some hearings depending on the choices of Armandis defense.
Any postponement of the hearing could last a few months.
In the event of procedural problems (such as errors in notifying the defendant), the timing could be further extended.
What could happen:
1) "Plea bargain": The defendant agrees a sentence with the Prosecutor and the Judge accepts the agreement: in this case there will be no reimbursement of damages, but only legal fees.
2) "Abbreviated": The defendant decides to do the trial without witnesses to save time and have a penalty discount. In this case the injured parties have less of a chance to prove the damages suffered, but in the event of conviction they can get compensation.
3) "Debate": The defendant chooses to run the full trial. In this case all the injured parties who want to get compensation must come to Italy to testify and explain to the judge what damage they have suffered. The process in this case will last longer and, in the event of a conviction, the civil parties will be able to obtain compensation.
What does it mean to get compensation (number 2 and 3)?
If Armandi is convicted, the judge can establish that Armandi must immediately pay at least some of the damage in favor of the civil parties (injured parties). The judge could also say that the compensation will have to take place after Armandi's appeal. Legal fees are never refunded before the second degree. It could also happen that the Judge condemns Armandi, but tells the civil parties that the quantification of compensation must be deferred to a civil judge. In any case, even if Armandi is sentenced to pay, it is not said that he will pay on his own initiative. The sentence can be executed only if he has a salary, or owns a saving or checking account, real estate, other assets or the shares of a company.
How can Armandi be condemned for damages?
You must be a civil party by the beginning of September.
Only people who have been damaged in the Labcoin project in 2013 can ask the Judge to take up the role of civil parties (injured parties) into the trial.
Anyone wishing to establish himself as civil party must sign a special power of attorney in Italian before the lawyer in Italy, or before a notary (or a diplomatic agent at a Consulate or an Italian Embassy abroad).
The text of the power of attorney will be sent to the interested party directly by the lawyer via e-mail. The notary's authenticity must be in Italian, or translated by the notary himself or by an official translator in Italian. The original document must be sent in original by post to the law firm by mid July.
The costs of authentication, translation and mailing of the deed must be beared by the party willing to establish himself as damaged party in the trial.
What are the legal fees for the establishment of a civil party and participation in the trial?
A) Just virtualspade
Indicatively the total cost for the participation of a lawyer ("honorary") representing virtualspade is 4,000 euros for the entire duration of the first degree of judgment (hypothesis No. 3).
To this sum must be added the costs of air transfer to Cagliari to be quantified in about 500 euros if the trip can take place in the day, or in 800-1000 euros if the trip involves the need to stay in the hotel.
B) virtualspade + 1
In the event that other people establish themselves as civil parties in addition to virtualspade, it will be appropriate to involve a second defender representing the other damaged shareholders. It can be assumed that the total costs of two lawyers are 8,000 euros (if the people who make up are two).
C) virtualspade + many others
To the sum defined at point B) must be added 700 euros for each additional civil party that want to be added to the trial.
In this way, if you wanted to constitute 50 people, the total cost would be 41,600 euros (equal to 8000 euros + 700 euros x 48 people) which, divided equally, would involve an expenditure of only 832 euros per person (which would reach around 1000 euros including travel expenses).
In the hypothesis 2) the fees will be reduced by 10%, without prejudice to the out-of-pocket expenses.
In the hypothesis 1) the fees will be reduced by 20%, without prejudice to the out-of-pocket expenses.
The above-mentioned fees are understood to include a special tax for lawyers (CPA 4%), but VAT (in Italy equal to 22%) is excluded.
Each client will pay half of the fees due by bank transfer at the time of sending the special power of attorney.
The remaining half of the balance must be paid by the end of 2018, always by bank transfer.
Let me know if you need any more information.
Best regards
Riccardo Marini
I'm very busy this weekend, so I'll just post this without comments.
If you are interested in joining the case, and willing to do what is needed, and have the money, pm me or send
email to labcoin(dot)scam(at)gmail(dot)com.
I'm going to be away until next week, so if you have any questions you'll have to wait until then.