The “new” U.S. Sentencing Commission guidelines: A wake-up call for corporate America

Abstract

Executive Overview The United States Sentencing Commission has provided a new set of compulsory sentencing guidelines for corporate and other institutional offenders. Notably, also set out in these guidelines are factors that either mitigate or aggravate sanctions for offenders. Among other considerations is the extent to which the organization has been involved in “preventive maintenance” to prevent and detect wrongdoing internally. This article describes the key features of the new guidelines, their likely impact on the organization, and some rationale for an early adoption of measures designed to maximize the potential benefits of the Commission guidelines.