Under the 1991 Sentencing Guidelines, what factors affect the fine that the company has to pay?
What will be an ideal response?
Under the 1991 Sentencing Guidelines, a fine is a product of a "base fine" and a "culpability score." The base fine is the greatest of the company's gain, the victim's loss, or a dollar amount corresponding to an offense level. The culpability score provides a multiplier that is applied to the base fine. The culpability score is determined by looking at a chart of potential mitigating and aggravating factors. An example of an aggravating factor might be that high levels of management were aware of the criminal activity but did nothing to stop it. Mitigating factors would be having a meaningful compliance program in effect at the time of the offense and upper management's taking steps to remedy the harm, discipline the offender, and prevent a recurrence. Because of the difference that these aggravating and mitigating factors can have on the amount of the fine—a crime with a base fine of $5 million, for example, could be as low as $2 million or as high as $20 million, depending on the culpability score—supporters hope that the guidelines will not only result in fairer penalties but actually have a major impact on the way firms operate.
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Systems implementation is triggered by:
a. the approved configuration plan b. the approved system design document c. both a and b d. neither a or b
In a depth interview, the interviewer should ________
A) avoid appearing superior and put the respondent at ease B) be detached and objective, yet personable C) probe the respondent D) all of the above
The corporation where Chandler works is closely related with the local food bank. The food bank has been having trouble finding volunteers to fill their staffing needs. Chandler has decided that he and his wife Monica would like to help out for a few hours on the weekends. Chandler knows that he will not be rewarded for stepping out of his specific role requirements at work, but he wants to go above and beyond for his corporation. This is an example of
a. Productive work behaviors b. Organizational commitment c. Employee engagement d. Organizational citizenship behavior
Jamie is building a house on her lot. She invites Earnie of Earnie's Excavation to bid on the excavation job. Earnie observes that the lot next to Jamie's is also under excavation and the soil in that lot is normal and not excessively rocky. Based on the assumption that the soil in Jamie's lot will be similar, he and Jamie agree that the excavation will cost $3,000 . When Earnie starts digging,
he learns there is solid rock under Jamie's lot. Earnie says it will cost an extra $2,500 for the excavation work. Jamie agrees just to get the job done but later refuses to pay a dime more than $3,000 . If Earnie sues, the most likely result would be a. Jamie wins, as Earnie was under a preexisting duty to dig the basement. b. Earnie wins as this modification is governed by the UCC and consideration is not required to enforce a modification of the agreement. c. Jamie wins as Earnie was not acting in good faith and just wanted to put Jamie in a situation where she didn't have a choice but to agree to more money. d. Earnie wins, as the modification was due to unforeseen difficulties.