CHC Questions and Correct Answers 2024

Chapter 8 Federal Sentencing Guidelines (FSG) - Guidelines and policy in this section apply to sentencing in federal criminal prosecution when the convicted defendant is an organization FSG- 4 factors that increase ultimate punishment of an organization - 1.Involvement in or tolerance of criminal activity 2.Prior history of the organization 3.The violation of an order 4.The obstruction of justice FSG- The two factors that mitigate the ultimate punishment of an organization - 1.The existence of an effective compliance and ethics program 2. Self-reporting,cooperation, or acceptance of responsibility FSG - The 4 general principles - 1. The court orders the organization to remedy harm caused by the offense. 2.If the organization operated primary for a criminal purpose or primarily by criminal means the fine should divest it of all assets. 3. Fine based on seriousness and culpability (6 factors) 4. Probation is appropriate when needed to ensure another sanction is fully implemented or to ensure steps will be taken to reduce likelihood of future offense. FSG-High-level personnel of the organization - Individuals who have substantial control over the organization or who have a substantial role in the making of policy or has substantial ownership interest FSG-Substantial authority personnel - Individuals who within the scope of their authority exercises substantial measure of discretion in acting on behalf of an organization. High-level included in definition . Examples manager,can negotiate contracts or prices, supervisory authority. No of these examples is required, determined on a case by case basis. FSG-Condoned - If individual knew of the offense and didn't take reasonable steps to prevent or terminate the offense. FSG- willfully ignorant of the offense - If the individual did not investigate the possible occurrence of unlawful conduct despite knowledge of circumstances that would lead a reasonable person to investigate.