Download or read book Revising the Organizational Sentencing Guidelines to Eliminate the Focus on Compliance Programs and Cooperation in Determining Corporate Sentence Mitigation written by Lindsay Eastman and published by . This book was released on 2016 with total page 31 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate crime has dominated the news recently, and likely contributed to the United States' recent financial crisis. After a corporation is convicted of a federal offense, the judge must determine the proper sentence to meet the goals of deterrence, incapacitation, rehabilitation, and just punishment. The United States Sentencing Commission promulgates the Organizational Sentencing Guidelines to advise judges in this endeavor. The Guidelines correlate an organization's offense level with a base fine, which is adjusted upward or downward based on the company's culpability. Points may be deducted from an organization's culpability score, thereby reducing its sentence, if it had in place an effective compliance program at the time of the violation and/or fully cooperated in the government investigation. Thus, a corporation may substantially reduce its criminal punishment through adopting a facially effective compliance program before the crime, or cooperating with prosecutors in the wake of an offense. This approach is problematic for several reasons. First, the weight of evidence refutes the notion that compliance programs prevent misconduct or detect crime within organizations. Additionally, employee and organizational rights are compromised when the government pressures a company to cooperate. This Note recommends that the Organizational Sentencing Guidelines be revised to eliminate reductions in culpability scores based on compliance programs and cooperation. Instead, these considerations should be incorporated into the general factors courts already weigh in sentencing, which would provide judges the freedom to calculate the appropriate fine in each case and ensure that corporations receive just punishment for their crimes.
Download or read book Guidelines Manual written by United States Sentencing Commission and published by . This book was released on 1988 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Organizational Sentencing Guidelines written by and published by . This book was released on 2004 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Corporate Sentencing Guidelines written by Jed S. Rakoff and published by Law Journal Press. This book was released on with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Compliance Programs and the Corporate Sentencing Guidelines written by Jeffrey M. Kaplan and published by . This book was released on 2007 with total page 1634 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Minnesota Law Review written by and published by . This book was released on 2010-04 with total page 1320 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practice Under the Federal Sentencing Guidelines 6th Edition written by Debold and published by Wolters Kluwer Law & Business. This book was released on with total page 3516 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Too Big to Jail written by Brandon L. Garrett and published by Harvard University Press. This book was released on 2014-11-03 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: American courts routinely hand down harsh sentences to individual convicts, but a very different standard of justice applies to corporations. Too Big to Jail takes readers into a complex, compromised world of backroom deals, for an unprecedented look at what happens when criminal charges are brought against a major company in the United States. Federal prosecutors benefit from expansive statutes that allow an entire firm to be held liable for a crime by a single employee. But when prosecutors target the Goliaths of the corporate world, they find themselves at a huge disadvantage. The government that bailed out corporations considered too economically important to fail also negotiates settlements permitting giant firms to avoid the consequences of criminal convictions. Presenting detailed data from more than a decade of federal cases, Brandon Garrett reveals a pattern of negotiation and settlement in which prosecutors demand admissions of wrongdoing, impose penalties, and require structural reforms. However, those reforms are usually vaguely defined. Many companies pay no criminal fine, and even the biggest blockbuster payments are often greatly reduced. While companies must cooperate in the investigations, high-level employees tend to get off scot-free. The practical reality is that when prosecutors face Hydra-headed corporate defendants prepared to spend hundreds of millions on lawyers, such agreements may be the only way to get any result at all. Too Big to Jail describes concrete ways to improve corporate law enforcement by insisting on more stringent prosecution agreements, ongoing judicial review, and greater transparency.
Download or read book Corporate Sentencing Guidelines written by J. S. Rakoff and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Agreements Forms and Checklists for Risk Managers written by Bryan E. Hopkins and published by PartridgeIndia. This book was released on 2014-04 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: In today's business environment, companies either properly manage the complex world of legal and corporate risk or suffer the consequences. The wrong decision can kill a company-but how can those responsible for risk management keep on top of company needs? In this guide, author Bryan E. Hopkins discusses the numerous areas of legal and corporate risk that managers and their company counsels face. Hopkins provides agreements, forms and checklists needed to implement a sound legal risk management program and mitigate, shift and prevent legal and corporate risk through careful management. Managers and practitioners will also find practical and detailed information on how to identify legal risk and use legal and corporate risk management contracts and checklists. Written by an international lawyer and corporate counsel with decades of experience in risk management, Agreements, Forms and Checklists for Risk Managers seeks to help you deal with processes and procedures needed to protect any organization in today's complex and hostile business environment.
Download or read book Developing and Maintaining Emergency Operations Plans written by United States. Federal Emergency Management Agency and published by . This book was released on 2010 with total page 75 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive Preparedness Guide (CPG) 101 provides guidelines on developing emergency operations plans (EOP). It promotes a common understanding of the fundamentals of risk-informed planning and decision making to help planners examine a hazard or threat and produce integrated, coordinated, and synchronized plans. The goal of CPG 101 is to make the planning process routine across all phases of emergency management and for all homeland security mission areas. This Guide helps planners at all levels of government in their efforts to develop and maintain viable all-hazards, all-threats EOPs. Accomplished properly, planning provides a methodical way to engage the whole community in thinking through the life cycle of a potential crisis, determining required capabilities, and establishing a framework for roles and responsibilities. It shapes how a community envisions and shares a desired outcome, selects effective ways to achieve it, and communicates expected results. Each jurisdiction's plans must reflect what that community will do to address its specific risks with the unique resources it has or can obtain.
Download or read book Government Auditing Standards 2018 Revision written by United States Government Accountability Office and published by Lulu.com. This book was released on 2019-03-24 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Audits provide essential accountability and transparency over government programs. Given the current challenges facing governments and their programs, the oversight provided through auditing is more critical than ever. Government auditing provides the objective analysis and information needed to make the decisions necessary to help create a better future. The professional standards presented in this 2018 revision of Government Auditing Standards (known as the Yellow Book) provide a framework for performing high-quality audit work with competence, integrity, objectivity, and independence to provide accountability and to help improve government operations and services. These standards, commonly referred to as generally accepted government auditing standards (GAGAS), provide the foundation for government auditors to lead by example in the areas of independence, transparency, accountability, and quality through the audit process. This revision contains major changes from, and supersedes, the 2011 revision.
Download or read book Practice Under the Federal Sentencing Guidelines written by Phylis Skloot Bamberger and published by Aspen Publishers. This book was released on 2001 with total page 2720 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practice Under the Federal Sentencing Guidelines. Fourth Edition provides extensive discussion and current citations of the hundreds of important cases interpreting the provisions. The first six chapters follow the sequence of the sentencing guidelines, progressing from the setting of the offense level adjustment and departures To The determination of the sentence. Chapters 7 and 8 cover plea and sentencing procedure and appeals. Chapter 9, discusses post-conviction procedures. The remaining seven chapters address the constitutionality of the guidelines, statutory challenges, environmental crimes, antitrust crimes, tax and money laundering offenses, fraud offenses, and sentencing of organizations, And The past, present and future of the Federal Sentencing Guidelines . Accompanying the 2 volume set is a compact disk containing Archival Appendices. The disk is broken down into three parts: History of the Guidelines Justice Department's View Sentencing Commission Procedures
Download or read book Legal Risk Management for In House Counsel and Managers written by Bryan E. Hopkins and published by PartridgeIndia. This book was released on 2014-04 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Companies must either properly manage the complex world of legal and corporate risk or suffer the consequences. Author Bryan E. Hopkins, the former general counsel of Samsung Electronics America, identifies the numerous areas of legal and corporate risk that managers and their company counsel face daily. More importantly, he provides concrete examples that demonstrate how to minimize or mitigate legal and corporate risk. He provides case studies, practical information, and insights to help you conduct an initial legal risk assessment; establish a compliance program; retain records that minimize risk; transfer risk;and navigate the discovery process. Legal counsel must take an active effort in developing strategies, systems, and processes that minimize the legal risks faced by the company on a daily basis. Managers must also be involved to ensure the company develops a successful legal risk management program. Many companies don't think about risk management until they're confronted with class-action lawsuits, product liability claims, government investigations, shareholder actions, and fines. Take a proactive approach to protecting your company with Legal Risk Management for In-House Counsel and Managers."
Download or read book Corporate Counsel s Guide to the Organizational Sentencing Guidelines written by William A. Hancock and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Changing Role of Criminal Law in Controlling Corporate Behavior written by James M. Anderson and published by Rand Corporation. This book was released on 2014-12-09 with total page 147 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report addresses the use of criminal sanctions to control corporate behavior—prosecutions both of corporations and of employees for actions taken on corporations’ behalf. The authors describe the current state of the use of criminal sanctions in controlling corporate behavior, describe how the current regime developed, and offer suggestions about how the use of criminal sanctions to control corporate behavior might be improved.
