D.LGS. 231/2001 · CORPORATE COMPLIANCE & DEFENSE

Italian 231 Compliance & Entity Defense in Milan

Drafting and update of organization, management and control models. Supervisory Board support. Entity defense in 231 proceedings. Confidential consultation within 24 hours.

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Milano Centro Absolute Confidentiality Experience under Leg. Decree 231

The situations we face every day

The Firm assists entrepreneurs and directors daily in contexts of high criticality.

Risk of interdictory sanctions

Suspension of activities, license revocation, ban on PA contracts, exclusion from public funding: devastating consequences for business continuity.

Heavy monetary sanctions

Up to 1,500 quotas (~€2.3M): significant risk of multi-million sanctions for the entity must be managed with an effective 231 Model.

Confiscation of crime profit

Mandatory confiscation even by equivalent: may compromise business continuity if timely defense is not in place.

Formally adopted but ineffective MOG

A merely formal model without effective implementation equals absence: no exculpatory effect. Adequacy verification is essential.

How we protect you

Custom 231 Models drafting

Analysis of entity-specific risks, mapping of sensitive processes, drafting of MOG and Ethics Code calibrated on actual activities.

Update and periodic audit

Model revision following regulatory changes (new predicate offenses), organizational changes or results of internal/external audits.

Supervisory Board support

Assistance in establishing the OdV, drafting internal regulations, information flows and managing whistleblower reports.

Entity defense in criminal proceedings

Entity representation in criminal proceedings under art. 35 D.Lgs. 231/2001, with strategies to demonstrate MOG adequacy and the offender's autonomous initiative.

D.Lgs. 231/2001 introduced administrative liability of entities for crimes committed in their interest or advantage by top-level subjects or subordinates. The only exculpation: adoption and effective implementation of an Organization, Management and Control Model (MOG) suitable to prevent the offense, supervised by an autonomous Supervisory Body (OdV).

Main predicate offenses

Offense category	Art. D.Lgs. 231/2001	Max quota sanction
Corruption and PA crimes	art. 25	800 quotas
Cybercrime	art. 24-bis	700 quotas
Corporate crimes	art. 25-ter	1,000 quotas
Negligent manslaughter at work	art. 25-septies	1,500 quotas + interdiction
Tax crimes	art. 25-quinquiesdecies	500 quotas

The exculpation: effective MOG + vigilant OdV

To obtain exculpation, the entity must demonstrate: (1) adoption of the MOG before the commission of the offense; (2) model's suitability to prevent the type of offense committed; (3) entrusting supervision to an autonomous OdV with initiative and control powers; (4) fraudulent circumvention of the model by the offender.

Applicable sanctions to the entity

Monetary fines up to 1,500 quotas (€258–€1,549 per quota)
Disqualification from business activities
Suspension or revocation of permits, licenses or concessions
Ban on contracting with public administration
Exclusion from public grants, funding or subsidies
Publication of conviction sentence

Recent cases successfully resolved

Case A – Manufacturing company

231 proceedings for corruption offenses by top-level manager. Risk of business interdiction sanctions.

MOG recognized as adequate by the Court. Entity acquitted. No sanction applied.

Case B – Milan services company

Extension of tax crimes to 231 (2019): existing MOG did not cover new predicate offenses.

Urgent MOG update with specific tax protocols. Proceedings avoided.

Case C – Financial holding

Gap analysis of existing MOG on money laundering and anti-money laundering.

Updated MOG, improved legal rating, strengthened banking relationships.

The Firm's Method

Initial confidential consultation

First meeting within 24 hours: case analysis, risk assessment and defense strategy.

File access and technical analysis

Access to the investigation file, appointment of expert witnesses, in-depth documentary and financial analysis.

Tailored defense strategy

Preparation of defense briefs, precautionary applications, appeals to the Liberty Court or pre-notitia criminis interventions.

Representation at all court levels

Representation at trial, appeal and Supreme Court; parallel management of any 231 proceedings.

Our Team