CHC exam questions and answers
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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.
, FSG-Part B:Methods for remedying harm ✔✔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 ✔✔Can be made in lump sum, partial payments at
specifed intervals, in - kind payments or combination of each.
FSG-in-kind payment ✔✔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 ✔✔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 ✔✔An organization can perform community service only by
employing it's resources or paying it's employees or others to do so.
already passed
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.
, FSG-Part B:Methods for remedying harm ✔✔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 ✔✔Can be made in lump sum, partial payments at
specifed intervals, in - kind payments or combination of each.
FSG-in-kind payment ✔✔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 ✔✔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 ✔✔An organization can perform community service only by
employing it's resources or paying it's employees or others to do so.
