NCJ Number
115463
Journal
ABA (American Bar Association) Journal Dated: (February 1989) Pages: 20
Date Published
1989
Length
1 page
Annotation
In this interview with Samuel Buffone, a Washington, D.C. lawyer, he comments on proposed Federal sentencing guidelines pertinent to corporations convicted of Federal crimes.
Abstract
Corporations convicted of Federal crimes face substantially higher fines under proposed guidelines developed by the U.S. Sentencing Commission. Under the proposed guidelines, the judge would multiply the amount of the loss caused by the offense by one to three and one-half. The cost of investigating and prosecuting the offense is added to the total. The judge apportions the total among restitution, forfeitures, and fines. The instructions for calculating the loss vary with the offense committed. Courts could also intervene in corporate management under probation provisions in sentencing proposals. Among the probation options, courts could order companies to develop a plan to avoid recurrence of the crime. The U.S. Supreme Court heard arguments in October challenging the constitutionality of the guidelines for individuals. Buffone predicts that even if the commission loses the case, Congress will adopt new laws based on the guidelines.