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Email The amendments to the Sentencing Guidelines for Organizations that went into effect on November 1, 2010, include new criteria for receiving downward departures for having an effective compliance program. One amendment eliminates what was previously an automatic bar to favorable consideration under the Guidelines if high-level personnel were involved in the conduct under review. Prior to the offense, if high-level personnel participated in, condoned, or willfully ignored the offense, the organization could not receive credit despite having an effective compliance program at the time of the offense. Now, however, there are certain circumstances under which the actions of high-level corporate personnel with respect to the offense no longer serve as an automatic bar to a compliance credit. https://www.cadwalader.com/resources/newsletters/fcpa-advisor/new-compliance-criteria-set-in-sentencing-guidelines