2013 8c4_1

CHAPTER EIGHT - SENTENCING OF ORGANIZATIONS


PART C - FINES


4.      DEPARTURES FROM THE GUIDELINE FINE RANGE

Introductory Commentary

The statutory provisions governing departures are set forth in 18 U.S.C. § 3553(b).  Departure may be warranted if the court finds "that there exists an aggravating or mitigating circumstance of a kind, or to a degree, not adequately taken into consideration by the Sentencing Commission in formulating the guidelines that should result in a sentence different from that described."  This subpart sets forth certain factors that, in connection with certain offenses, may not have been adequately taken into consideration by the guidelines.  In deciding whether departure is warranted, the court should consider the extent to which that factor is adequately taken into consideration by the guidelines and the relative importance or substantiality of that factor in the particular case.

To the extent that any policy statement from Chapter Five, Part K (Departures) is relevant to the organization, a departure from the applicable guideline fine range may be warranted.  Some factors listed in Chapter Five, Part K that are particularly applicable to organizations are listed in this subpart.  Other factors listed in Chapter Five, Part K may be applicable in particular cases.  While this subpart lists factors that the Commission believes may constitute grounds for departure, the list is not exhaustive.

Historical Note:  Effective November 1, 1991 (see Appendix C, amendment 422).


§8C4.1.     Substantial Assistance to Authorities - Organizations (Policy Statement)

(a)       Upon motion of the government stating that the defendant has provided substantial assistance in the investigation or prosecution of another organization that has committed an offense, or in the investigation or prosecution of an individual not directly affiliated with the defendant who has committed an offense, the court may depart from the guidelines.

(b)      The appropriate reduction shall be determined by the court for reasons stated on the record that may include, but are not limited to, consideration of the following:

(1)       the court's evaluation of the significance and usefulness of the organization's assistance, taking into consideration the government's evaluation of the assistance rendered;

(2)       the nature and extent of the organization's assistance; and

(3)       the timeliness of the organization's assistance.


Commentary

Application Note:

1.      Departure under this section is intended for cases in which substantial assistance is provided in the investigation or prosecution of crimes committed by individuals not directly affiliated with the organization or by other organizations.  It is not intended for assistance in the investigation or prosecution of the agents of the organization responsible for the offense for which the organization is being sentenced.

Historical Note:  Effective November 1, 1991 (see Appendix C, amendment 422).