Several new amendments to the U.S. Sentencing Guidelines (USSG)
took effect Nov. 1, 2010. The amendments relate to potential
criminal sanctions against businesses and individual defendants.
First, the amendments underscore for a business the critical
importance of having a meaningful and comprehensive compliance
program in place, before the Government comes calling. Second, the
amendments give Courts more alternatives and flexibility when
sentencing individual defendants.
Business Defendants
Chapter 8 of the USSG ("Sentencing of Organizations")
deals with the sentencing of business organizations. While a
business can be placed on probation after conviction, often the
most significant aspect of a business' sentence will be the
fine imposed as a result of the conviction. Those Guidelines
provide a fine range for the Court to consider when sentencing a
business. An important factor in determining the advisory range for
the fine to be imposed in sentencing a business
