Unlawful Practice of the Profession: Evidence to Report Fake Professionals
Doctors, lawyers or accountants without qualifications? We gather evidence of illegal activities to protect clients and the integrity of Professional Orders
Article 348 of the Criminal Code punishes anyone who practises a profession for which specific state authorisation (e.g. registration in the Register) is required without having the necessary qualifications. This crime is not just a bureaucratic matter: it puts the health, property and freedom of citizens who, in good faith, trust incompetent people at risk.
Arcadia Company works alongside Professional Orders, Trade Associations, and private citizens to expose these scammers. Whether it's a fake dentist, an unlicensed 'legal consultant', or a psychologist without a degree, our investigations document the illegal activity, providing irrefutable evidence for criminal charges.
Who are the "Unlicensed"?
Illegal Practice in the Medical and Healthcare Sector
Fake Legal and Financial Professionals
The phenomenon is widespread and affects many protected categories. The most common cases we investigate are:
- Healthcare Area: Fake dentists, physiotherapists, nutritionists, or cosmetic surgeons operating in clandestine or unlicensed clinics, putting patients' lives at risk.
- Legal and Accounting Area: Individuals posing as lawyers or accountants, offering disastrous consultations that cause enormous financial damage.
- Psychology and Well-being: Life coach" or counsellors who encroach on the field of psychotherapy without any clinical preparation (crime confirmed by Cass. Pen. n. 13556/2020).
The Sanctions: A Serious Criminal Risk
The Law 3/2018 (Lorenzin Law) has increased penalties for unlawful practice, now providing for imprisonment from 6 months to 3 years and fines from €10,000 to €50,000, in addition to the seizure of equipment and premises used. However, to obtain these convictions, certain proof is required that the subject has performed 'typical acts' of the reserved profession.
How we gather evidence
The effectiveness of Mystery Client in criminal investigations
It is not enough to know that a subject 'receives people at home'. It must be proven that they are performing medical, legal or technical acts reserved for those registered with the Board. Our investigators use observation techniques, mystery clients and audio-video documentation to prove that the offender:
- It has a well-equipped office and regularly receives patients/clients.
- Diagnosis formula, prescribes treatments or drafts legal documents (typical acts).
- Requires compensation (including under the table), demonstrating the profit motive and professionalism of the conduct.
Case Studies
Case Study: Operation 'Fake Doctor' in Sesto San Giovanni
Sector: Corporate and Criminal Investigations (Unlawful Exercise of Profession ex Art. 348 c.p.). | Location: Sesto San Giovanni (Milan) and Milan hinterland.
1. Scenario and Suspicion
A professional body has reported a suspected case of unlicensed practice in a dental clinic in Sesto San Giovanni. The suspicion concerned an individual who, despite having no academic qualifications or state licence, regularly carried out diagnoses and interventions.
2. Investigative Strategy (The Arcadia Method)
To turn suspicion into a solid criminal complaint, we applied a protocol of Real User Experience (RUX) signals applied to investigation:
Open Source Intelligence (OSINT): Analysis of digital traces and reviews to confirm the legitimacy of the services offered.
Operational Monitoring: Targeted surveillance to document the constant flow of patients, proving the continuous and non-occasional nature of the activity.
Mystery Client Infiltration: An experienced operator, simulating the need for treatment, gained access to the premises and documented the use of medical equipment and the issuing of prescriptions using audio-video tools.
3. Results and Evidence Collected
The final evidential report included:
Detailed technical report with the indication of the 'typical acts' of the medical profession performed by the subject.
Original multimedia evidence (photos and videos) showing the workplace as not compliant with regulations.
4. Legal Conclusion
Thanks to the evidence gathered, the competent authorities proceeded with the seizure of the premises and the denunciation of the fake professional. This intervention ensured the protection of public health and the preservation of the prestige of the involved professional order.
The anti-piracy investigative method
From the anonymous report to the closure of the illegal studio: here's how we operate.
Preliminary Analysis and Web Intelligence
We check with the Professional Orders to verify if the subject genuinely holds the academic titles and authorisations they claim.
Surveillance and Monitoring
We document the flow of clients at the office or home of the suspect, proving that the activity is organized and continuous, not occasional.
Mystery Client
One of our operators, posing as a client, enters the facility to verify the equipment and procedures used from the inside and to collect video/audio evidence of the abusive performance.
Evidence File
We prepare a comprehensive technical report with documentary evidence, ready to be handed over to the Carabinieri (NAS) or the Guardia di Finanza for the seizure of the structure.
Frequently Asked Questions about Unauthorised Practice
Clarifications on how to recognize an unauthorized person and how to report them.
How do I know if my dentist is qualified?
You can check for free on the FNOMCeO (National Federation of Medical Orders) website by entering his name. If it does not appear, or if you find discrepancies, contact us for a thorough investigation.
Can a 'Life Coach' do psychological therapy?
No. If the coach deals with psychological disorders, depression or personality disorders, they are committing the crime of unlawful practice of psychology/psychotherapy. It's a fine line that our investigations can document.
Are the evidence collected by the 'fake client' legal?
Yes. Case law allows the use of an agent provocateur or mystery client to ascertain an offence, provided it is limited to documenting the abusive conduct without inducing them to commit crimes they would not otherwise have committed.
What are the risks of being treated by an unlicensed practitioner?
The 'patient' does not commit a crime, but risks their health. However, their testimony is crucial. We often collaborate with dissatisfied former clients to gather the necessary evidence to close the case.
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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.
