In the world of business, investment opportunities must always be assessed in the light of possible criminal risks. Therefore, before making a deal, it is crucial to use the expertise of professionals experienced in gathering, selecting and interpreting complex information from a variety of sources that can reveal any prior unlawful practice. However, in reality what normally happens is that the criminal lawyers are called in only after the investment strategy has been prepared, or after the judicial authority has already adopted precautionary measures potentially detrimental to the client. In many cases it would have been possible to take preventive action, avoiding unpleasant surprises once a commercial or financial transaction has already taken place.
For this reason, the Studio Legale Bongiorno offers preventive advisory services in mergers, acquisitions and restructuring operations, providing assistance to clients developing investment strategies within Italy. Preventive advice aims to provide the client with a realistic snapshot of the criminal risk. After detailed mapping out of the sensitive areas with the help of industry experts, the firm provides the client with an objective risk assessment, highlighting the company’s strengths and weaknesses and suggesting possible steps to reduce the risk of criminal proceedings.
The results are clearly presented in a final due diligence report containing all the information collected during the investigation, with the appropriate criminal law considerations, taking into account the situation as it stands and the latest developments in case law. This final document is a crucial tool for anyone wishing to make acquisitions or investments.
The advisory service allows the client to direct their choices from that moment forth in full awareness of the facts – confirming the planned transaction, obtaining a reduction in price from the counterparty, deciding not to enter into the contract or asking for it to be terminated, or even reporting fraud perpetrated during the contractual negotiations.