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New Sentencing Commission Guidelines Now Effective

Compliance Week | November 2, 2004

On Monday, November 1, 2004, the U.S. Sentencing Commission's revised federal sentencing guidelines became effective, requiring directors and executives to "take an active leadership role for the content and operation of compliance and ethics programs."

Promulgated in 1987 and effective since 1991, the guidelines outline the elements of a corporate compliance program, creating a sentencing credit for organizations that put in place "effective programs to prevent and detect violations of law."

Earlier this year, an "Ad Hoc Advisory Group" that was established to help redefine such corporate compliance programs released its recommendations for changes to the guidelines. Those changes were submitted to Congress in May, and are now effective.

Among the changes is a new, stand-alone guideline that describes "more fully those essential attributes of successful...

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