Criminal Due Diligence

Extraordinary transactions — such as the acquisition of shareholdings, mergers and contributions of businesses — may involve serious criminal law risks.
Through our due diligence, we protect corporate bodies from the risk of becoming involved in criminal proceedings, and the company from the possibility of financial penalties and disqualification measures pursuant to Legislative Decree No. 231/2001.
We have assisted private equity funds and companies in complex M&A transactions, entrepreneurs planning generational handovers and professionals involved in extraordinary administration procedures.

Our work is aimed at assessing the existence of risk factors in the tax, financial, corporate and environmental fields, also with reference to the rules governing corporate criminal liability and to the public procurement code. We know how serious the consequences of criminal proceedings can be, in terms of cost, time and reputation.
The outcome of our criminal due diligence may lead to a significant reduction in the value of the target company, to the need to provide for express indemnity clauses, or to a reshaping of the entire transaction.

The work concludes with a report that captures the risks identified and measures their impact on the transaction, offering the parties an objective basis for negotiating contractual warranties and for planning post-closing remedies.