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"Effective" Compliance Programs in the Aftermath of Corporate Megascandals

PublisherThe Bureau of National Affairs
Format224.9KB PDF, requires Acrobat Rdr 5Date added01 Aug 2004
Topics Finance, Sarbanes-Oxley, Law and Government
Downloads46

By enacting Organizational Sentencing Guidelines in 1991 (the Guidelines), the United States Sentencing Commission codified the compliance program as the primary method by which corporations could mitigate potential criminal punishment after an indictment. Pronouncements and settlements by the Justice Department, Department of Health and Human Services (HHS) and the Securities and Exchange Commission (SEC) also underscored the central role of the compliance program in securing lenity from regulators after misconduct and wrongdoing. Recent changes in the law of corporate governance also demonstrate the importance of a compliance program to directors' potential liability in civil suits.

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