The United States Sentencing Commission (USSC) recently passed several amendments to the advisory Sentencing Guidelines (effective November 1, 2010), some of which are relevant to the sentencing of organizations. Significantly, the USSC amended the guidelines that define for awarding organizations credit at sentencing based on an effective compliance and ethics program. (more…)
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Recent U.S. Sentencing Guideline Changes of Interest to Corporations, their Directors and Officers
Internal Investigations: Branded a Corporate Criminal. Part 2 – The risk of talking to law enforcement
Many business executives believe if they have done nothing wrong, they should agree to be interviewed by law enforcement if requested to do so as part of an internal or criminal investigation. Experienced white collar attorneys know better; even the truly innocent have much more to lose than they can gain by agreeing to be interviewed without the assistance of counsel. The risks business executives face during law enforcement interviews increased this June when the United States Supreme Court effectively expanded law enforcement officers’ rights to obtain incriminating evidence through custodial interviews. (more…)
New Extradition & MLAT’s Broaden Prosecutorial Reach of U.S.
The United States and European Union have entered into new extradition and Mutual Legal Assistance Agreements (“MLAT’s”) that greatly increase the prosecutorial reach of the United States government. A total of 56 new treaties became effective on February 1, 2010. See, DOJ’s February 1. 2010 press release. (more…)
Federal Bounties for Whistle-Blowers
Today, President Obama will sign the financial reform bill passed by Congress. One of the little known provisions of the law allows whistle-blowers to recover a bounty for disclosing securities violations committed by their employers. This new law may create new challenges and risks for companies operating in the US. (more…)
Internal Investigations: Branded a Corporate Criminal
Caught in the storm of a corporate internal investigation, many executives never stop to consider how being indicted would impact themselves, their families, their finances and their hard-earned reputations. One potential consequence of an internal investigation is that the corporation will provide the government with the investigation’s findings or that the corporation will enter into a plea agreement with the government that may leave executives out in the cold. Consider the recent article “Executives find reputations don’t return after criminal charges dropped” from Bloomberg News and the “You Are Closer to Being Indicted Than You Think… ” article in the Construction Financial Management Association magazine describing the wrenching experiences of executives who were indicted but had charges dismissed pre-trial or were acquitted at trial. (more…)
TAGS: Tags: complaince program, compliance, corporations, Ethics, ethics program, officer and directors, sentencing guidelines, sentencing of organizations, United States Sentencing Commission, USSC
Internal Investigations, Sentencing Guidelines