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APA
Subject:
Business & Marketing
Type:
Essay
Language:
English (U.S.)
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Topic:

Federal Sentencing Guidelines Marketing Assignment

Essay Instructions:

Review the information provided in Chapter 2 on "Federal Sentencing Guidelines," in order to have a firm understanding of how:
Fines are determined in the court system
Compliance and ethics programs mitigate penalties
Organizations with past "criminal activity" are fined differently
Since their creation in 1991, the Guidelines have undergone some revision. Significantly, revisions were made following the wave of ethics scandals in the first part of the century (including Enron). Enron's bankruptcy filing has received a great deal of review, but David, McWhorter, and Fort (2006) provide a decent summary in The 2004 Amendments to the Federal Sentencing Guidelines (linked below):
The 2004 Amendments to the Federal Sentencing Guidelines.pdfPreview the documentView in a new window
The culture created at Enron in the late nineties encouraged unethical behavior and limited employees ability to question illegal practices, so to what extent is the company liable? The Federal Sentencing Guidelines were in place to respond to this question. Enron had a code of ethics in place.
In 2004, Charlie Rose interviewed the authors of "The Smartest Guys in the Room." During the interview some of the complexities of the criminal case against the leadership at Enron are described.


Given what you know of the Federal Sentencing Guidelines and how they are applied to encourage ethical behaviors within organizations, have the revisions made in 2004 been successful in discouraging fraud and protecting stakeholders? Find a recent case in which Federal Sentencing Guidelines were used within the past two years. Identify how they were used in the case, and what happened as a result of the case.

Essay Sample Content Preview:

Federal Sentencing Guidelines
Name
Institution
Date
Federal Sentencing Guidelines
Following the wave of ethics scandals witnessed in the US, Congress enacted the federal sentencing guidelines in 1991, a legislation that made a great impact in the corporate world in the US. Since the enactment, corporations have been prosecuted under the guidelines and fined even hundreds of millions of dollars. According to the guidelines, corporations are liable to scheduled prison sentences and fines, including their agents (Hess, McWhorter & Fort, 2005).
The level of sentence is up to three years, and a fine of up to $ 72.5 million and all the sentences are subjective to a probation period to enable companies to make the necessary adjustments (Hess, McWhorter & Fort, 2005). The level of sentencing increases depending on the past behavior, making it an effective program to prevent offenses. The guideline has resulted in significant changes within corporations; compliance programs have become standard practice, with 90 percent of bigger corporations having an ethics code.
Since then The United States Sentencing Commission has revised the legislation more so in 2004. The new guidelines established tougher criteria for organizations to follow when developing compliance programs. The most important guidel...
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