Con swift 30.9.2002 l'istituto bancario ticinese ha di seguito informato la banca garante, tra l'altro, che "with your swift dd 19.9.2002 you informed us that you are in possession of the original guarantee as well as beneficiaries letter of discharge of same. Having in the meantime received your fax enclosing above copies of documents we have approached our customer who confirmed that the letter of discharge has not been issued by them. Furthermore, we are surprised that the original guarantee was attached to the previous mentioned letter being ourselves still in possession of the original of the instrument" (doc. 14, allegato alla denuncia 23.10.2002, AI 1):