New Sentencing Guidelines Amendments Amplify the Importance of an Effective Compliance Program

The U.S. Sentencing Commission issued several amendments to the Federal Sentencing Guidelines in 2010. Among the amendments are two that deal specifically with corporations or "organizational defendants."

The frst amendment changes the presumption that a compliance program is not efective where senior executives are somehow involved in the charged criminal conduct, while the second clarifes the standard for determining whether a corporate compliance program is efective. We highlight these key amendments, and their practical impact, below.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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