Investigations D.Lgs 231/01 and ODV Support: Corporate Criminal Protection
Does the company risk penalties for employees' crimes? We conduct internal investigations, verify Whistleblowing reports and support the Supervisory Body
The adoption of an Organisational Model is no longer sufficient without constant checks. Arcadia Company specialises in Investigations D.Lgs 231We provide practical operational support to the Supervisory Body (OdV) to prevent crimes that could expose the entity to heavy administrative or interdictory sanctions. Through targeted audits, we verify that internal protocols are actually being applied, transforming compliance from a formal obligation into a real protective shield.
In the current regulatory landscape, the proper management of reports is a cornerstone of transparency. Our internal investigations for whistleblowing They ensure the necessary impartiality to ascertain the validity of the reported offences, while also protecting the confidentiality of the whistleblower. Entrusting a private investigator allows for independent investigations into corruption, fraud, or environmental violations, ensuring the company has legally admissible evidence in court.
The Role of the Investigator in the 231 System
Why does a company with Model 231 need a private investigator?
- Whistleblowing Management: With new regulations, companies must manage reports of wrongdoing while ensuring anonymity. We investigate the validity of the report discreetly, separating facts from false accusations.
- Proof of Fraudulent Evasion: To exonerate the company, it must be proven that the employee committed the crime by fraudulently evading controls. Only a thorough investigation can demonstrate this specific intent, saving the entity from conviction.
- Due Diligence on Partners: Many predicate offences (e.g., corruption, environmental crimes) occur through suppliers or external consultants. We verify their integrity before they contaminate your business.
Case Studies
Investigations D.Lgs 231/01 and Support for the Supervisory Body for the Criminal Protection of the Company
Sector: Corporate Compliance and Internal Investigations | Location: Province of Vicenza
1. The Issue (Whistleblowing and Suspicion of Corruption)
TheSupervisory Body (SB) from a leading company in the public procurement sector received an anonymous report through its internal whistleblowing channel. The report accused a commercial director of paying bribes to favour the award of a public tender contract. For the company, this posed a very serious risk of incurring administrative liability of entitiesThe aim of the ODV was to promptly initiate corporate internal investigations independent to verify the validity of the accusation, and to prevent the company from being involved in a predicate offence and to ensure complete criminal defence of the company.
2. Investigative Strategy (Digital Forensics and Investigative Audit)
In close collaboration with the company's legal team and providing full support to the Supervisory BodyWe have activated a preventive defensive investigation protocol, operating in compliance with privacy regulations and labour law.
- Digital Forensics: Forensic acquisition and secure backup (bit-stream image) of smartphones, tablets, and company computers used by the suspected manager, for the recovery of deleted emails, chats, and documents.
- Financial Investigations and Due Diligence: Analysis of cash flows and verification of consulting contracts signed by the director with external suppliers to trace any creation of slush funds.
- Investigative Interviews: Discreet and recorded interviews with the commercial office employees to reconstruct the decision-making dynamics related to the tender.
3. Results and Evidence Collected
The work of our experts in investigations D.Lgs 231/01 enabled the identification of illegal behaviour, proving that the company was a victim:
- The computer analysis uncovered a series of encrypted messages proving an illicit agreement between the manager and a public official, confirming the suspicion of corruption.
- The audit of suppliers revealed the use of fake external consultancies (invoices for non-existent operations) used by the director to drain company liquidity and create an illegal fund intended for bribes.
- It has been objectively proven that the manager acted fraudulently to bypass the strict control protocols required by Organisational Model 231 adopted by the company.
4. Legal Conclusion (Defence for the Company and Dismissal)
We have delivered to the ODV and the Board of Directors a Certified Investigation Dossier complete with computer forensics, financial tracking and documentary evidence.
- Internal Result: Based on the overwhelming evidence provided by our private investigation agencyThe company immediately terminated the disloyal manager for just cause, protecting its own assets and image.
- Legal Protection: The dossier was used by the lawyers to self-report the incident to the Authorities, proving that the Model 231 it was suitable and effectively implemented, but fraudulently bypassed by the individual. This ensuredexempt from corporate liability..., saving the company from heavy financial penalties and disqualifications (such as exclusion from future public tenders).
Operational support to the Supervisory Body
The DPO does not have enough powers, we do. Here's how we support corporate compliance.
Report Signals (Whistleblowing)
When we receive an anonymous tip-off about a crime (theft, corruption, bullying), we intervene to gather objective evidence without alerting the suspects, protecting the company from false accusations.
Surprise Investigative Audits
We support the ODV in checks on financial flows or sensitive procedures, verifying if paper procedures match the actual operational reality (e.g. compliance with safety or environmental regulations).
Data Cleanup and Security
We check for any leaks or microphones that could compromise the confidentiality of internal investigations or facilitate industrial espionage crimes.
Defensive Dossier 231
We provide the company and the ODV with the necessary documentary evidence to prove in court that the entity has monitored correctly and that the crime is solely the work of the individual's dishonesty.
Questions on D.Lgs 231 and Investigations
Clarifications on the entity's responsibility, ODV and Whistleblowing.
What is the Supervisory Body (OdV)?
It is the body (sole or collective) that must oversee the functioning of the Model 231. It has independent powers of control, but often needs external investigative support to ascertain complex facts or hidden crimes.
Can the investigator manage Whistleblowing?
Yes. Outsourcing the preliminary verification of reports to a private investigation agency ensures impartiality, professionalism and absolute respect for the privacy of the reporter, as required by law.
If an employee bribes someone, does the company pay?
Yes, if the crime was committed for the benefit of the company (e.g. to win a tender). The company is only saved if it proves that it did everything possible to prevent it (Effective Model) and that the employee acted by circumventing the rules with deceit.
What are the main risks for the company?
In addition to fines, the real risk is interdictive measures: ban on advertising products, exclusion from funding, revocation of authorisations or ban on contracting with the public sector. In practice, this means business paralysis.
You might be interested in the following articles
Get a free investigative consultation
Don't stay in doubt. Speak with an experienced investigator and receive a personalised action plan immediately.
Office in Milan, Operating throughout Italy
Our private investigation agency is strategically located in Sesto San Giovanni, in the province of Milan. From here, we coordinate investigations throughout the national territory, ensuring a swift and direct response in the main provinces of Lombardy and Northern Italy.
