CHC exam QUESTIONS WITH COMPLETE SOLUTIONS

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: