CHC Exam UPDATED Exam Questions and
CORRECT Answers
Chapter 8 Federal Sentencing Guidelines (FSG) - CORRECT ANSWER - 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 - CORRECT
ANSWER - 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 - CORRECT
ANSWER - 1.The existence of an effective compliance and ethics program
2. Self-reporting,cooperation, or acceptance of responsibility
FSG - The 4 general principles - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - If individual knew of the offense and didn't take
reasonable steps to prevent or terminate the offense.
FSG- willfully ignorant of the offense - CORRECT ANSWER - If the individual did not
investigate the possible occurrence of unlawful conduct despite knowledge of circumstances that
would lead a reasonable person to investigate.
FSG-Part B:Methods for remedying harm - CORRECT ANSWER - 1.Restitution order or
probation requiring restitution.
2.Remedial order or community service when harm would not be otherwise remedied.
FSG Restitution to identifiable victim - CORRECT ANSWER - Can be made in lump
sum, partial payments at specifed intervals, in - kind payments or combination of each.
FSG-in-kind payment - CORRECT ANSWER - 1. Return of property
2. Replacement of property
3. If the victim agrees services rendered to the victim or to a person organization other than the
victim
FSG - Remedial Orders - CORRECT ANSWER - RO as part of Probation can require
organization to remedy harm and eliminate or reduce the risk the offense will cause future harm.
If future harm can be reasonably estimated then court can require the organization to create a
trust fund sufficient to address that expected harm.
FSG-Community Service - CORRECT ANSWER - An organization can perform
community service only by employing it's resources or paying it's employees or others to do so.
CORRECT Answers
Chapter 8 Federal Sentencing Guidelines (FSG) - CORRECT ANSWER - 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 - CORRECT
ANSWER - 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 - CORRECT
ANSWER - 1.The existence of an effective compliance and ethics program
2. Self-reporting,cooperation, or acceptance of responsibility
FSG - The 4 general principles - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - 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 - CORRECT ANSWER - If individual knew of the offense and didn't take
reasonable steps to prevent or terminate the offense.
FSG- willfully ignorant of the offense - CORRECT ANSWER - If the individual did not
investigate the possible occurrence of unlawful conduct despite knowledge of circumstances that
would lead a reasonable person to investigate.
FSG-Part B:Methods for remedying harm - CORRECT ANSWER - 1.Restitution order or
probation requiring restitution.
2.Remedial order or community service when harm would not be otherwise remedied.
FSG Restitution to identifiable victim - CORRECT ANSWER - Can be made in lump
sum, partial payments at specifed intervals, in - kind payments or combination of each.
FSG-in-kind payment - CORRECT ANSWER - 1. Return of property
2. Replacement of property
3. If the victim agrees services rendered to the victim or to a person organization other than the
victim
FSG - Remedial Orders - CORRECT ANSWER - RO as part of Probation can require
organization to remedy harm and eliminate or reduce the risk the offense will cause future harm.
If future harm can be reasonably estimated then court can require the organization to create a
trust fund sufficient to address that expected harm.
FSG-Community Service - CORRECT ANSWER - An organization can perform
community service only by employing it's resources or paying it's employees or others to do so.
