Anticorruption and The Fourth Estate: Lessons from the Vatican “Trial of the Century”

In December 2023, Cardinal Becciu—once considered a leading candidate for the papacy—became one of several defendants sentenced to prison by a Vatican tribunal for financial crimes against the Church. The case, dubbed the Vatican “trial of the century,” is a high-profile example of Pope Francis’ fight against corruption within the Church, one of his top priorities since taking charge. Despite the convictions, the trial embroiled the Vatican in controversy about the fairness of its legal system and the Pope’s allegedly improper involvement in the investigation. There is extensive debate as to whether the Pope’s actions were justified.

What is less open to debate, however, is that international press coverage was highly critical of the Vatican. Major news outlets picked up and ran with defendants’ claims that certain papal actions amounted to “unacceptable abuses” and “invalidated the entire justice of the trial.” For example, the New York Times described the trial as “rais[ing] as many questions about the Vatican’s judicial system, the competence of its officials and the pope’s style of governance as it did about [the] crime.” The Washington Post said the Vatican emerged from the trial “worse for wear, with new questions raised about the effectiveness and fairness of its legal system.” The Associated Press’ (AP) reporting, which is reproduced in publications across the globe, is particularly worth highlighting. In an article titled “The First Outside Legal Analyses of Vatican’s ‘Trial of the Century’ Are In, And They’re Critical,” the AP featured Professor Geraldina Boni’s claims that the Pope’s actions “represented a clear violation of the right to a fair trial,” and raised the prospect of a “violation of divine law to which even the pope is subject.” These and other news articles included rebuttals from Vatican officials, but those rebuttals mostly consisted of conclusory platitudes, such as the claim that the trial was carried out “in full respect of the guarantees for the suspects,” or condemnation of the criticisms as “on the level of international heresy.”

As earlier posts on this blog have highlighted, because public opinion of a government’s anticorruption work is an important factor in whether the work succeeds, public relations is a “crucial tool” in fighting corruption. Negative media coverage is a familiar issue to those in the anticorruption field. Targets of a corruption probe will often do their best to delegitimize it. Common tactics include casting the probe as a politically motivated witch-hunt, or, as here, denouncing the legitimacy of the process as an unfair, abusive violation of human rights. How anticorruption authorities respond to these accusations may play a significant role in the perception and legitimacy of the prosecutions. The consistently negative press coverage of the Vatican’s prosecution of these cases suggests the Vatican made mistakes in its public relations strategy. Is that correct? And if so, what might the explanation be?

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The Vatican’s Anticorruption Crackdown and the Rule of Law

One of Pope Francis’s top priorities, after his election in 2013, was cracking down on the Vatican’s financial corruption. In his first months as pope, Francis closed thousands of unauthorized accounts of the Vatican Bank, and in 2014, he created the Office of the Auditor General to monitor Vatican finances and spearhead anticorruption efforts. Perhaps the most high-profile consequence of the Pope’s crackdown was the two-and-a-half year investigation and trial of Cardinal Giovanni Angelo Becciu—the Pope’s former chief of staff—and nine others for financial corruption. While this so-called “Vatican trial of the century” included a range of alleged crimes, its locus involved the Holy See’s $380 million investment in a London real estate deal, which Vatican prosecutors alleged defrauded the Vatican to the tune of tens of millions. In December 2023, Cardinal Becciu was convicted of three counts of embezzlement and sentenced to five and a half years in prison. All but one of the other defendants were convicted on charges including embezzlement, corruption, and fraud, and several of them also received prison terms.

Although viewed by some as a triumph for the Pope’s efforts to clean up the Vatican, the investigation and prosecution of Becciu and his codefendants generated a firestorm of criticism. One legal expert affiliated with the defense described certain actions by Vatican authorities as “unacceptable abuses;” a Vatican canon lawyer likened the process to that of a “banana republic.” The most serious complaint—raised by the defense team, some legal commentators, and at least one cardinal—was that Pope Francis improperly used his power to “secretly” change the law four times via papal “rescripts” (roughly equivalent to executive orders) throughout the course of the investigation to give prosecutors “essentially, and a bit surreally, ‘carte blanche.’” These rescripts, which were never formally published (and were not produced to the defendants until the trial was underway), did four things:

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Is the Vatican Finally Getting Serious About Cleaning Up Its Finances? The Appointment of an Antimafia Magistrate Is A Promising Sign

Questions about Vatican finances have dogged the Church for decades. In 2012, leaked documents revealed allegations of extensive cronyism and money laundering; these documents suggested, for example, that the Church’s main charitable mission, Peter’s Pence, was being used to fund the lavish lifestyle of some members of the clergy. Though Pope Benedict XVI had attempted to institute financial auditing procedures, his efforts proved insufficient, and the scandal was widely seen as part of the reason for his controversial decision to resign the papacy. Unfortunately, the scandals have continued under Pope Francis. In 2015, the Church purchased a bankrupt Italian hospital in part with money borrowed illicitly from a publicly funded Italian hospital; the transaction, arranged off-the-books, was partly coordinated by a Swiss bank with a reputation for money laundering. In 2019, it was revealed that the Vatican had invested roughly $200 million, at least in part from Peter’s Pence, in luxury real estate in London. The purchase was partially financed through a since-discredited Swiss bank, and the loans were not properly recorded in the Vatican’s internal records. It was also revealed that the Vatican was investing millions of dollars through the Centurion Global Fund, which is connected to the same Swiss bank that ran the London purchase, as well as to a pair of banks that have been linked to a Venezuelan bribery and money-laundering scandal. While it is possible that some or all of these transactions may prove to have been the product of poor financial decision-making rather than corruption, these and other incidents have called into question the Church’s management of its finances as well as the integrity of its internal watchdog mechanisms

Pope Francis, who ascended to the papacy with promises of reform, has publicly acknowledged that there is corruption within Vatican finances and has pursued measures to restore confidence in the Church’s financial management. However, many of his attempts to institute more rigorous reforms have been frustrated by internal Vatican power struggles. For instance, in 2016 the powerful Archbishop Giovanni Becciu unilaterally stopped a scheduled audit of Vatican finances, and in 2017 the Vatican’s auditor-general was forced out of office, allegedly after finding evidence of financial irregularities. But in late 2019, Pope Francis stepped up his efforts to crack down on malfeasance and get the Vatican’s financial house in order. Francis took a particularly high-profile step in October 2019, when he appointed one of Italy’s leading antimafia magistrates, Giuseppe Pignatone (who retired from the Italian judiciary in May 2019), as head of the Vatican’s criminal tribunal, which is tasked with investigating corruption and fraud, among other crimes. Although some have portrayed Pignatone’s appointment as a sign of desperation by a Pope who cannot control his own bureaucracy, this choice was in fact a wise move by Francis to consolidate his reformist agenda. Pignatone’s former position as one of Italy’s most prestigious antimafia magistrates means that he is particularly well-placed to address Vatican corruption, for three reasons. Continue reading