Exceptional Organizational Culpability (Policy Statement)

If the organization’s culpability score is greater than 10, an upward departure may be appropriate. If no individual within substantial authority personnel participated in, con- doned, or was willfully ignorant of the offense; the organization at the time of the offense had an effective program to prevent and detect violations of law; and the base fine is determined under §8C2.4(a)(1), §8C2.4(a)(3), or a special instruction for fines in Chapter Two (Offense Conduct), a downward departure may be warranted. In a case meeting these criteria, the court may find that the organization had exceptionally low culpability and therefore a fine based on loss, offense level, or a special Chapter Two instruction results in a guideline fine range higher than necessary to achieve the purposes of sentencing. Never- theless, such fine should not be lower than if determined under §8C2.4(a)(2). Historical Note Effective November 1, 1991 (amendment 422). Guidelines Manual (November 1, 2024) ║ 557 §8D1.1 PART D ― ORGANIZATIONAL PROBATION Introductory Commentary Section 8D1.1 sets forth the circumstances under which a sentence to a term of probation is re- quired. Sections 8D1.2 through 8D1.4, and 8F1.1, address the length of the probation term, conditions of probation, and violations of probation conditions. Historical Note Effective November 1, 1991 (amendment 422). Amended effective November 1, 2004 (amendment 673).