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Sentencing Convicted Corporations
The Ad Hoc Advisory Group to the United States Sentencing Commission on the Organizational Sentencing Guidelines (OSG) has recommended significant changes, particularly in the seven criteria for an effective compliance program to prevent and detect violations of law that, if implemented by an organization, may qualify it for a reduced fine in the event of a conviction. The Sentencing Commission will vote on the proposed amendments next April, following a comment period. As described in its report (www.ussc.gov/corp/advgrp.htm), the Advisory Group's recommendations were based, inter alia, on experience with compliance programs since the OSG became effective in 1991 and on the lessons learned from the corporate scandals of the past 2 years.
Overview of the Advisory Group's Recommendations
First, the Advisory Group recommended that the Sentencing Commission promulgate a stand-alone guideline, ' 8B2.1, defining “an effective program to prevent and detect violations of law.” Currently, the criteria are found in the commentary to Chapter 8.
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