An Italian husband and wife accused of defrauding a stationery company of R10.7 million will finally face trial after the Supreme Court of Appeal dismissed their latest attempt to postpone proceedings.
Luca Reggio and Michela Moroni, who face nine charges including fraud, money laundering, and contraventions of the Prevention of Organised Crime Act, will appear in the Bellville Commercial Crimes Court on 24 July for the allocation of a trial date.
The Supreme Court of Appeal president dismissed the couple’s application for reconsideration in terms of section 17(2)(f) of the Superior Courts Act 10 of 2013, finding that they failed to demonstrate that refusing the application would result in a grave failure of justice or bring the administration of justice into disrepute.
The National Prosecuting Authority (NPA) said this was the fourth attempt by the accused to delay the matter since it was first set down in 2020. Repeated applications, including ongoing requests for further particulars, have prolonged the case for more than six years.
“The dismissal of the reconsideration application effectively brings finality to these interlocutory challenges and removes any remaining procedural impediments to the matter proceeding to trial,” said Eric Ntabazalila, Western Cape NPA spokesperson.
The charges arise from alleged criminal conduct between February 2014 and April 2019, during which Reggio served as the managing director of F.I.L.A SA, the sole importer and distributor of F.I.L.A Group products in South Africa. The F.I.L.A Group is an Italian-based multinational company specialising in the global supply of stationery, back-to-school products, and fine art supplies.
Reggio was paid director’s fees totalling approximately R6.8 million during his tenure and had access to the company’s banking systems. The State alleges that he unlawfully transferred approximately R4.7 million into his personal bank account in Italy without approval from the F.I.L.A SA board of directors or the F.I.L.A Group.
Between 2018 and 2019, Reggio allegedly transferred more than R511 000 into his wife Moroni’s bank account. The State contends these funds were intermingled with legitimate funds to conceal their origin as proceeds of unlawful activity, in contravention of section 4 of the Prevention of Organised Crime Act. The payments were allegedly not supported by any invoices, and Moroni neither worked for nor rendered any services to F.I.L.A SA.
The State further alleges that between 2015 and 2018, Reggio transferred approximately R2.3 million from F.I.L.A SA to Tesi U.R.L., an Italian-registered company in which he held shares and served as a director. The company allegedly rendered no services to F.I.L.A SA, and fictitious invoices were reportedly created to disguise the payments.
In addition, Reggio allegedly submitted fraudulent travel and marketing expense claims between 2015 and 2019, supported by fictitious documentation, resulting in payments totalling approximately R3.5 million which were transferred to his bank account in Italy.
As managing director, Reggio bore fiduciary responsibilities including a duty to act in good faith, avoid conflicts of interest, and exercise his powers in the best interests of the company. He was also required to refrain from using his position or company information for personal gain.
Court records show that Reggio was employed as managing director from approximately August 2013 until his dismissal by the F.I.L.A Group in 2019. In his capacity, he possessed complete access to the company’s management software and server, which contained financial, commercial, and marketing information.
In February 2025, the Western Cape High Court dismissed an earlier application by the couple to review and set aside a ruling by a regional magistrate who had refused their request for a further postponement of the trial. The High Court found that the magistrate had followed correct procedure and that the proceedings were not irregular.
