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Italy Introduces New Check Fraud Investigation Procedures: What You Need to Know

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On December 14 and 15, 2021, Italian Legislative Decrees no. 184 and no. 195 came into effect, introducing significant changes to the country’s anti-money laundering and fraud laws.

Aim of the Amendments

The amendments aim to combat check fraud and counterfeiting of non-cash means of payment, as well as money laundering offenses. The new regulations expand the list of offenses that can trigger corporate liability under Legislative Decree no. 231.

Expanded Offenses

• Undue use and falsification of credit cards or payment cards
• Possession and distribution of equipment aimed at committing fraud
• Computer fraud involving transfers of money or virtual currency

Corporate Liability

Companies must assess their internal policies and procedures to ensure they are equipped to prevent these new offenses, which can lead to significant fines and disqualifying measures.

Money Laundering Offenses

The amendments also extend criminal liability for money laundering offenses when the property acquired derives from minor criminal offenses or non-intentional offenses.

Compliance Requirements

Italian businesses should review and update their anti-fraud controls and customer due diligence procedures to comply with the new regulations. Failure to do so could result in corporate liability and severe penalties.

European Commission Action

The European Commission has opened an infringement procedure against Italy for failing to implement the directives by December 3, 2020. The courts will need to assess whether the new provisions are compliant with the principle of legal certainty.

Conclusion

In light of these developments, companies should consider updating their policies and procedures to ensure they are appropriate to prevent the commission of the new offenses that may trigger liability under Decree 231.