231 investigations and whistleblowing in Milan.

The formal adoption of an Organization, Management and Control Model pursuant to Legislative Decree No. 231/2001 is no longer sufficient to exempt an entity or company from administrative liability arising from a crime. Jurisprudence requires that organizational protocols be effective, continuously updated, and subject to independent periodic audits. The 231 Model must be a dynamic structure truly applied in daily processes, not a mere paperwork exercise aimed at displaying superficial compliance.

Arcadia Company operates as a strategic partner and operational arm of the Supervisory Bodies (OdV), providing highly specialized investigative and forensic audit support. Our investigations aim to map risk areas, verify actual compliance with protocols, and intervene promptly in case of potential corporate offences, protecting the entity from heavy monetary penalties or interdictive measures that could paralyze business operations.

The role of the private investigator in support of the Supervisory Body

Integrating an external investigative structure into 231 monitoring processes meets the need for a third‑party fact‑finding body, free from internal conflicts of interest and equipped with specific technical‑legal expertise. Investigations carried out by Arcadia Company provide the OdV with essential knowledge elements, focusing on critical areas such as:

• Establishing fraudulent evasion: to enable the company to invoke the exemption and be free from criminal‑administrative liability, it is necessary to demonstrate in court that the perpetrator of the underlying offence deliberately and fraudulently circumvented the company's control systems. Our investigations aim to isolate and document the individual's fraudulent conduct, distinguishing it from corporate policies.
• Investigative due diligence on partners and suppliers: many underlying offences, such as corruption, environmental crimes, or occupational safety violations, are committed through interaction with consultants, intermediaries or external subcontractors. We verify the economic‑reputational integrity of contractual counterparties before the trigger of joint or indirect liability.
• Internal audits and spot checks: execution of targeted examinations on financial flows, contract‑award procedures, and management of public contracts to detect anomalies or deviations from the Model's protocols.

Forensic handling of whistleblowing reports (Legislative Decree 24/2023)

Proper management of reporting channels is one of the fundamental pillars of corporate compliance and the 231 system. The transposition of the European Directive through the Legislative Decree No. 24/2023 introduced stringent obligations for companies, requiring the creation of secure channels that ensure the utmost confidentiality of the whistleblower's identity and of the persons mentioned.

When a report concerning corporate fraud, tax offences, corrupt practices, harassment or illicit conduct is received, the company must launch an impartial and objective investigation. Arcadia Company takes on the task of conducting the necessary internal investigations to verify the factual basis of the allegations:

• We filter out frivolous, defamatory, or retaliation‑driven reports, separating objective facts from conjecture.
• We conduct documentary, digital, and field investigations in full respect of workers' rights and the Workers' Statute.
• We guarantee absolute source anonymity and data protection, aligning with the directives of the Garante per la Protezione dei Dati Personali.

231 sanction framework: The penalties applicable to entities for violations of Legislative Decree 231/01 are of exceptional severity. In addition to monetary fines calculated in installments, the Criminal Judge may impose definitive or temporary interdictive measures, such as prohibition from exercising the activity, suspension of authorizations, ban on contracting with the Public Administration, and confiscation of the crime's price or profit.

Arcadia Company's operational protocol for corporate compliance

Investigations related to 231 compliance and whistleblowing follow a rigorous forensic protocol, aimed at making every finding usable in legal proceedings:

1. Preliminary analysis and framing of the underlying offence: identification of the hypothesized illicit conduct (e.g., corporate crimes, market abuse, offences against the Public Administration) to calibrate the investigative scope.
2. Digital forensics: scientific acquisition and analysis of messaging flows, corporate emails, and digital logs, ensuring the integrity of digital data and compliance with the chain of custody.
3. Internal investigation report: drafting of a conclusive technical report sworn for the Supervisory Body and the Board of Directors, containing conclusions and recommendations useful for adopting disciplinary measures, corrective actions, or for the entity's defence in criminal proceedings.

Rely on specialists in business protection

Internal investigations carried out without respecting protected channels or in violation of labour procedures expose the company to monetary administrative penalties imposed by ANAC and to a declaration of inadmissibility of the collected evidence. Arcadia Company, backed by an ISO 9001‑certified quality management system, ensures transparency, strict application of privacy laws, and utmost confidentiality.