ACC General Counsel Susan Hackett has prepared for ACC members an overview of the final comments by the U.S. Sentencing Commission on Chapter 8 Corporate Sentencing Guidelines proposals, and how they might affect companies.
Also check the analysis by Gibson Dunn: U.S. Sentencing Commission Amends Requirements for an Effective Compliance and Ethics Program
ACC filed comments and Susan delivered testimony before the U.S. Sentencing Commission on March 17 on the proposed changes. Upon request by the Commission, ACC provided further recommendations on March 26, and indications are that the comments were well received and most of them largely followed. Most importantly, in accord with ACC comments regarding organizational probation, all mention of “monitors” was removed in favor of a recommendation that an effective compliance program “may include the use of an outside professional advisor to ensure adequate assessment and implementation of any modifications.”