Advisory Group on Organizational Guidelines
to the United States Sentencing Commission

Richard Bednar
Lisa A. Kuca
Mary Beth Buchanan
Jane Adams Nangle
Richard Gruner
Julie O’Sullivan
Eric H. Holder, Jr.
Edward S. Petry
Michael Horowitz
Gary R. Spratling
Charles Howard
Winthrop M. Swenson
Ron James
Gregory J. Wallance
B. Todd Jones, Chair

March 19, 2002


The United States Sentencing Commission has recently established a working group to review the general effectiveness of the Chapter Eight guidelines. The Sentencing Commission’s charge states that particular emphasis should be given to the application of the criteria for an effective compliance program, and requests that the working group report back to the Commission with its recommendations as to any improvements that may be warranted. (See attached press release of February 21, 2002) This group, which will be known as the Advisory Group on Organizational Guidelines, recently convened and decided, among its first items of business, to solicit written public comment on the nature and scope of issues which the Advisory Group might wish to address during its (18) eighteen-month term.

Given the limited time and resources currently available, the Advisory Group does not intend to consider fines for environmental crimes committed by organizations, nor the structure of the fine tables generally. Instead, consistent with its mandate from the Sentencing Commission, the Advisory Group will primarily focus on the application of the criteria for an effective compliance program, as listed in Application Note 3(k) to '8A1.2 of the Sentencing Guidelines, and the ways in which those criteria affect the operation of Chapter Eight as a whole. The Advisory Group will also consider whether there are other features of the organizational guidelines that merit review or change.

Toward this end, the Advisory Group would welcome written comment from all interested individuals and organization on or before May 20, 2002. All submissions should be addressed to the Attention of the Advisory Group on Organizational Guidelines, c/o Office of Public Affairs, United States Sentencing Commission, Suite 2-500 South Lobby, One Columbus Circle, NE, Washington, D.C. 20002. (Fax 202 502 4699; Phone 202 502 4500).