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ARTICLE · 05 JANUARY 2005

Organizations Should Continue to Upgrade Their Compliance Programs

Foley & Lardner LLP
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As most company executives already know, The United States Sentencing Commission's ("USSC") revised federal sentencing guidelines, which have been effective since November 1, 2004, require businesses to maintain "effective2 compliance programs that prevent and detect violations of law.

United StatesGovernment, Public Sector
Foley & Lardner
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Executive Summary

Action:

The United States Supreme Court holds that Washington state’s sentencing guidelines are unconstitutional.

Impact:

The decision calls into question the use of federal sentencing guidelines in the development and improvement of corporate compliance programs.

Effective Date:

Pending further review by the United States Supreme Court.

As most company executives already know, The United States Sentencing Commission's ("USSC") revised federal sentencing guidelines, which have been effective since November 1, 2004, require businesses to maintain "effective2 compliance programs that prevent and detect violations of law.

And just as many companies including nonprofit corporations were diligently altering their compliance programs to meet the amendment's new requirements, the USSC guidelines were placed in a state of limbo. On June 24, 2004, in a case widely known as the "Blakely" case the United States Supreme Court held that Washington State's sentencing

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