Mandatory Programs to Prevent and Detect Violations of Law (Policy

Statement) If the organization’s culpability score is reduced under §8C2.5(f) (Effective Com- pliance and Ethics Program) and the organization had implemented its pro- gram in response to a court order or administrative order specifically directed at the organization, an upward departure may be warranted to offset, in part or in whole, such reduction. Similarly, if, at the time of the instant offense, the organization was required by law to have an effective compliance and ethics program, but the organization did not have such a program, an upward departure may be warranted. Historical Note Effective November 1, 1991 (amendment 422). Amended effective November 1, 2004 (amendment 673).