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Fraud & Corporate Criminal Defence

CMS Adonnino Ascoli & Cavasola Scamoni has a deep experience in assisting clients in complex business matters, facing an ever-evolving body of law and regulations, in an increasingly composite environment of new legislation and regulatory regime. We have a strong business crime capability which covers both the defence in relation to criminal prosecutions or investigations and compliance advice. We assist both corporations and individuals (corporate officers, directors and employees) in criminal proceedings and investigations arising from a full range of crimes as briberies and corruptions, money laundering, tax offences, environmental and safety offences, insider trading and market manipulation, and, in general, crimes in the economic, industrial and commercial fields. We also assist our clients in civil litigation involving allegations of criminal misconduct or other types of malfeasance. We have specific competence to assist and represent Italian and foreign companies in matters related on the liability of companies for crimes committed by their representatives and employees, introduced in Italy by Decree 231/01, and advising clients about corporate compliance strategies. We conduct internal investigations for corporations that have discovered suspected misconduct by their employees, involving acts that directly victimize the company or give rise to potential civil or criminal liability (corporate liability, provided by Italian Decree 231/01, antitrust or environmental crimes, etc.). Thanks to the vast expertise of our professionals, we provide assistance in developing and implementing of corporate compliance programs, for preventing employee negligence and misconduct that directly victimizes the corporation or gives rise to civil or criminal liability. We are experts in defending clients in regulatory proceedings brought by State and authorities, such as Consob or Anti-Trust authority.


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22/12/2021
New Con­sumer Code: new pro­vi­sions on con­sumer goods’ guar­an­tees as of Janu­ary...
As of 1 st Janu­ary 2022, the new pro­vi­sions on the leg­al guar­an­tee of con­form­ity and com­mer­cial guar­an­tees for con­sumer goods come in­to force..Itali­an Le­gis­lat­ive De­cree no. 170/2021, im­ple­ment­ing EU...
27/09/2021
Green pass: at present, crim­in­al sanc­tions only if the green pass is false
On the 22nd of  Septem­ber 2021, De­cree-Law no. 127 of the 21st of Septem­ber 2021 came in­to force, provid­ing for the ex­ten­sion of the scope of ap­plic­a­tion of the COV­ID-19 green cer­ti­fic­a­tion.In par­tic­u­lar...
22/06/2021
The COV­ID-19 Green Cer­ti­fic­a­tion
From the 1st of Ju­ly 2021, the COV­ID-19 Green Cer­ti­fic­a­tion will be val­id as an EU di­git­al COV­ID cer­ti­fic­ate and will make it easi­er to travel to and from all EU and Schen­gen coun­tries. European Reg­u­la­tion...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
04/05/2021
Tyres too are called upon to con­trib­ute to en­vir­on­ment­al ef­fi­ciency
On 1st of May 2021, Reg­u­la­tion (EU) 2020/740 (here­in­after re­ferred to as the "Reg­u­la­tion") on the la­belling of tyres with re­spect to fuel ef­fi­ciency and oth­er para­met­ers, amend­ing Reg­u­la­tion (EU) 2017/1369...
27/10/2020
The Su­preme Court on con­sumer pro­tec­tion rules: the con­sumer can ter­min­ate...
A few months after the Rul­ing no. 10453/2020, in which it has been stated the con­sumer right to ter­min­ate the con­tract even in those cases in which the lack of con­form­ity is "slight en­tity", the Su­preme...
20/07/2020
Tax of­fences once again come to the fore: the cor­por­ate crim­in­al li­ab­il­ity...
On 14 Ju­ly 2020, the Itali­an Gov­ern­ment defin­it­ively ap­proved the Le­gis­lat­ive De­cree no. 75/2020, im­ple­ment­ing the Dir­ect­ive (EU) 2017/1371 on fight against fraud to the Uni­on’s fin­an­cial in­terests...
17/04/2020
COV­ID-19 and crim­in­al li­ab­il­ity
The COV­ID-19 out­break has led the Itali­an Gov­ern­ment to is­sue a series of meas­ures aimed at lim­it­ing the spread of the vir­us through­out the Itali­an ter­rit­ory.In this re­gard, it should be poin­ted out that...
13/05/2019
The Ver­dict Risk & In­vest­ig­a­tions
We are pleased to send our new is­sue of The Ver­dict, an at-a-glance round-up of re­cent leg­al de­vel­op­ments in re­la­tion to cor­por­ate crime. In this is­sue, the spot­light is on some sig­ni­fic­ant changes to...
17/04/2019
Class Ac­tion: the main changes
On April 3rd, 2019 the Itali­an Sen­ate defin­it­ively ap­proved the Draft Law no. 844, con­cern­ing “Pro­vi­sions on the class ac­tion”.The le­gis­lat­ive pro­vi­sion is go­ing to be pub­lished in the “Gazz­etta...
04/03/2019
The new “Code of the busi­ness crisis and in­solv­ency”: crim­in­al is­sues
On 14 Feb­ru­ary 2019, the Le­gis­lat­ive De­cree 12 Janu­ary 2019, n. 14, im­ple­ment­ing the Del­eg­ated Law 19 Oc­to­ber 2017, no. 155 and in­tro­du­cing the new “Code of the busi­ness crisis and in­solv­ency” was...
01/10/2018
Dutch court al­lows Se­cur­it­ies claims against Brazili­an Pet­ro­bras and D&O's
On 1 Septem­ber 2018, a Rot­ter­dam court al­lowed a Dutch claim vehicle to sue the Brazili­an com­pany Pet­ro­bras, its Board of Ex­ec­ut­ive Of­ficers and its Dutch sub­si­di­ar­ies Pet­ro­bras Glob­al Fin­ance (PGF)...