NCJ Number
145784
Journal
Searchlight Volume: 1 Issue: 2 Dated: (Fall 1993) Pages: 13-16
Date Published
1993
Length
4 pages
Annotation
Federal sentencing guidelines on white collar crimes became effective in November 1991 to establish uniform sentencing ranges for corporate and employee crimes and to achieve greater uniformity in sentencing.
Abstract
The traditional sentence for an organization convicted of a Federal crime has been a fine, and this will continue under the new sentencing guidelines. The first step in determining the fine for an organization under the new sentencing process is for the judge to determine the amount of the base fine. The judge is required to impose a fine somewhere within the range derived from multiplying the base fine by minimum and maximum multipliers. What a particular defendant's multiplier range will be is determined by what the guidelines call the culpability score. The culpability score can be increased or decreased by points based on several aggravating and mitigating circumstances identified by the guidelines. Further, the guidelines stipulate that organizational probation can be imposed but not as an alternative to other punishment. The guidelines require that if a sentence of probation is imposed for a felony, one of the probation conditions must be at least a fine, restitution, or community service. Another mandatory requirement of the guidelines for any probation sentence is that the organization must not commit Federal, State, or local crimes during the probation period. The guidelines require that organizations institute effective policies for compliance with the law and the detection of potential offenses and consider the prevention of criminal conduct to be a top management concern. In addition, the guidelines mandate that compliance programs be expanded in accordance with the responsibility of corporations to prevent employee crimes.