§ 8C2.2. Preliminary Determination of Inability to Pay Fine

Statutes | 18 U.S.C. app. § 8C2.2

(a) Where it is readily ascertainable that the organization cannot and is not likely to become able (even on an installment schedule) to pay restitution required under § 8B1.1 (Restitution--Organizations), a determination of the guideline fine range is unnecessary because, pursuant to §...

§ 8B2.1. Effective Compliance and Ethics Program

Statutes | 18 U.S.C. app. § 8B2.1

(a) To have an effective compliance and ethics program, for purposes of subsection (f) of § 8C2.5 (Culpability Score) and subsection (b)(1) of § 8D1.4 (Recommended Conditions of Probation--Organizations), an organization shall--(1) exercise due diligence to prevent and detect criminal...

§ 8B1.4. Order of Notice to Victims--Organizations

Statutes | 18 U.S.C. app. § 8B1.4

Apply § 5F1.4 (Order of Notice to Victims).

§ 8B1.1. Restitution--Organizations

Statutes | 18 U.S.C. app. § 8B1.1

(a) In the case of an identifiable victim, the court shall-- (1) enter a restitution order for the full amount of the victims loss, if such order is authorized under 18 U.S.C. § 2248, § 2259, § 2264, § 2327, § 3663, or § 3663A or (2) impose a term of probation or supervised...

Preceding § 8B1.1

Statutes | 18 U.S.C. app. preceding § 8B1.1

As a general principle, the court should require that the organization take all appropriate steps to provide compensation to victims and otherwise remedy the harm caused or threatened by the offense. A restitution order or an order of probation requiring restitution can be used to compensate...

§ 8A1.2. Application Instructions--Organizations

Statutes | 18 U.S.C. app. § 8A1.2

(a) Determine from Part B, Subpart 1 (Remedying Harm from Criminal Conduct) the sentencing requirements and options relating to restitution, remedial orders, community service, and notice to victims. (b) Determine from Part C (Fines) the sentencing requirements and options relating to fines: (1) If...

§ 8A1.1. Applicability of Chapter Eight

Statutes | 18 U.S.C. app. § 8A1.1

This chapter applies to the sentencing of all organizations for felony and Class A misdemeanor offenses.

Preceding § 8A1.1

Statutes | 18 U.S.C. app. preceding § 8A1.1

The guidelines and policy statements in this chapter apply when the convicted defendant is an organization. Organizations can act only through agents and, under federal criminal law, generally are vicariously liable for offenses committed by their agents. At the same time, individual agents are...

§ 7B1.3. Revocation of Probation or Supervised Release (Policy Statement)

Statutes | 18 U.S.C. app. § 7B1.3

(a) (1) Upon a finding of a Grade A or B violation, the court shall revoke probation or supervised release. (2) Upon a finding of a Grade C violation, the court may (A) revoke probation or supervised release or (B) extend the term of probation or supervised release and/or modify the conditions of...

§ 7B1.1. Classification of Violations (Policy Statement)

Statutes | 18 U.S.C. app. § 7B1.1

(a) There are three grades of probation and supervised release violations: (1) Grade A Violations--conduct constituting (A) a federal, state, or local offense punishable by a term of imprisonment exceeding one year that (i) is a crime of violence, (ii) is a controlled substance offense, or (iii)...