The existence of an effective compliance program may be considered a
mitigating factor which reduce a corporate penalty for federal
offenses. See 18 USC, sec 8A1.2 at note k. The Federal
Sentencing Guidelines contain the outline of what you want to have in place before
your organization has a problem. Corporate counsel are more and more
realizing the potential for reduced fines lies in having an effective compliance
program in place before a problem develops. Corporate officers are more
and more realizing the program lessens the likelihood of claims against the
corporation. Corporate directors are more and more realizing the program
develops a corporate character that can drive corporate performance
upward. So the Federal Sentencing Guidelines have been of benefit in
producing a new management perspective on ethics.
http://www.triacnet.com/ is a good
site for banking industry compliance issues.
www.ethics.org is the birthplace of a
good text --- "Creating a Workable Company Code". It give guidance on that
process. The organization is the "Ethics Research Center"
(ERC). The ERC has updated the 1990 publication "Creating a Workable
Company Code of Conduct to become a good tool an
organization develop and implement a code of ethical business conduct or ro revise
existing standards and policies. Included are sample survey,
interview and focus group questions, a template and worksheet for writing code
provisions, and a code development process checklist. Additionally, the new
edition incorporates timely information on the US Federal Sentencing Guidelines,
In Re Caremark, and the Sarbanes-Oxley Act of 2002. "Creating a Workable Company
Code" pulls together information publicly available and information not
previously published and melds the pieces together. $25 from the ERC.
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