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A few months ago, the United States Sentencing Commission unanimously passed amendments to Chapter 8 of the Federal Sentencing Guidelines regarding sentencing of organizations.[1] Those amendments include conditions that a company's compliance and ethics program must meet in order to be deemed "effective" in all circumstances. Having an effective program positions a company to receive appropriate mitigation credit in the event it is found to have committed a criminal violation. The new amendments were submitted to Congress on April 29, 2010, and without action by Congress, the changes will become effective on November 1, 2010. Prior to this effective date, companies may want to consider whether and how to modify their compliance programs to comport with the new standards.
The Sentencing Guidelines provide that an organization convicted of a crime may receive a reduced sentence if it had an effective compliance and ethics program in place at the time of the offense. Under the current guidelines, there is a per se disqualification from having an effective program if "high-level personnel"[2] participated in, condoned, or were willfully ignorant of the offense. The amended guidelines eliminate this automatic disqualification if four conditions are met:
On May 26, Washington, D.C. Counsel Steven Cash will be guest speaking at The University of Texas, Intelligence Studies Project "Texas Intelligence Academy."
Day Pitney Commercial Litigation and White Collar Partner Naju R. Lathia and Employment and Labor and Regulated Substances Attorney Daniel Pierre authored the article, "Proceed with Caution: NJ's Green Lighting of Recreational Cannabis May Require Detours," for the New Jersey Law Journal.
New York Litigation Partner Sarah Krissoff was featured on Australia's "A Current Affair" television program discussing the $450 million superyacht, called the Amadea, that was boarded by Fijian Police as part of the U.S. Government's KleptoCapture Task Force.
Day Pitney White Collar and General Criminal Defense Partner Sarah Krissoff was featured in Reuters' Fast Take video titled, "Trump's Consequences for Ignoring N.Y. Subpoena."
Day Pitney White Collar and General Criminal Defense Partner Sarah Krissoff was quoted in the Reuters article, "New York Judge Holds Trump in Contempt for Failing to Comply with Subpoena."
On April 11, Day Pitney White Collar and General Criminal Defense partner Sarah Krissoff was a guest on Court TV, where she provided commentary on the cases of the day.
Day Pitney White Collar Partner Sarah Krissoff was featured in The List's article, "Ghislaine Maxwell's Family Sounds Off About The Court's Latest Ruling In Her Case."
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.