These ratings provide an independent assessment of the sustainable investment value of public companies.
Now, let's move to the formal part of our program and get things rolling. We thought it was important to offer you a quick grounding on how the guidelines actually work so that you have something of a context for thinking about the presentations that will follow. We are very fortunate to have two excellent presenters.
I am going to keep with my own words and make their biographies very brief. Again, you have them before you. Russell "Rusty" Burress is the first of our presenters this morning. He has been with the Commission for ten years, and during that time he has trained thousands of people in the federal court family, as well as in the legal community.
Indeed, he is considered to be a national figure in the criminal justice system. The other presenter, and she will be starting with Rusty in just a moment, is Julie O'Sullivan. O'Sullivan is an associate professor at Georgetown Law School where she has been for about a year. With that, I'm going to turn the program over to Rusty and I think you're going to very much enjoy this presentation.
The Sentencing Commission believes that an organization that has developed and has maintained an effective compliance program, that is a program that will detect and hopefully prevent violations of law, that a corporation that has done that is a good corporate citizen. Because of being a good corporate citizen, you are going to find out over the next couple of days, I believe, that there are a number of benefits to being a good corporate citizen.
One is that if this program prevented the violation of law, then, of course, your organization will not face a criminal conviction and will not face the penalties that go along with a criminal conviction.
But even if there has been a criminal conviction, the guidelines still recognize and the Sentencing Commission still recognizes the good corporate citizen and the efforts the good corporate citizen has made in establishing and maintaining this effective compliance program.
The way they recognize that is in lesser fines being called for under the guidelines for the organization. So what Julie and I are going to do is to talk with you about how the guidelines are applied and how the guidelines recognize in their application this effective compliance program and call for lesser guideline fines because of this effective compliance program.
Now also, as we're looking at guideline application, we will point out other areas that are mitigating areas or factors that, if they're present in your organization, can result in lesser guideline fines. While we're looking at these mitigating factors that will reduce the guideline fines, we will also point out to you some aggravating factors, some factors that will increase the guideline fines if those factors are present.
We don't anticipate anyone being a guideline application expert in 30 minutes of discussion of guideline application, but hopefully, if you do leave here, if you ever look at our guidelines in any detail, you will at least have some insight as to what is going on in the guidelines.
Now, I have been talking about guideline fines, how we will calculate a guideline fine, and I have mentioned these aggravating and mitigating characteristics under guideline application.
But there is really sort of a distinction between, say, the organization's culpability and the organization's responsibility under the guidelines and under the statute, and, Julie, what is that distinction and exactly what is the applicability of the organizational guidelines to an organization?
Let me start with the basics. The organizational guidelines can be found in Chapter Eight of your Guidelines Manuals. The Commission has xeroxed it for you.Sample Persuasive Message Rodolfo G. Garcia Jr.
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