Hiring The Curry Law Group to represent you in Corporate Compliance matters can help keep your company better protected. We will work with your company to better clarify your corporate compliance standards and review your monitoring and/or corporate compliance auditing systems.

Why would my organization need a Corporate Compliance program?

The 1991 US Federal Sentencing Guidelines apply to all organizations – public or privately held, large or small. The punishments for not acting responsibly can include steep fines, penalty and prison. Each violation or crime brings with it an assigned base fine. Mitigating factors can have an effect on the amount of the fines and extent of punishment and/or sentencing. For example, the existence of an effective corporate compliance program can help to substantially reduced fines and you may be able to avoid criminal prosecution and corporate probation (corporate monitoring and oversight by the courts).

Some of the penalties which apply to organizations are:

  • prison
  • fines
  • restitution
  • sanctions
  • forfeiture
  • corporate probation

The United States federal government enacted the Organizational Sentencing Guidelines (Chapter 8 of the Federal Sentencing Guidelines) in 1991. The Organizational Sentencing Guidelines made the penalties for corporate crime uniform and predictable, so as to encourage “good corporate citizenship”. The guidelines encourage corporations to take “self policing” actions.

The guidelines do not differentiate between large or small organizations, or type. However, larger and more complex organizations are generally held to a reasonably higher standard. The guidelines specifically mention “reasonable” efforts with regard to the expectation placed on the organization to act responsible and reasonably in the best interest of the law.

The minimum standard would be following the 7 steps of due diligence.

(1) Standards and Procedures: The organization must have established compliance standards and procedures to be followed by its employees and other agents that are reasonably capable of reducing the prospect of criminal conduct. Examples of this would include maintaining and providing all employees with a current Code of Conduct and appropriate Policies and Procedures manual and/or training.

(2) Governing Authority: Specific individual(s) within high-level personnel of the organization must have been assigned overall responsibility to oversee compliance with such standards and procedures.

(3) Responsible Delegation: The board must have used due care not to delegate substantial discretionary authority to individuals whom the Governing Authority (the board) knew, or should have known through exercise of due diligence, had a propensity to engage in illegal activities. They must exercise reasonable oversight of the programs efficacy and implementation.

(4) Education & Training: The organization must have taken steps to communicate effectively its standards and procedures to all employees and other agents, e.g. by requiring participation in training programs or by disseminating publications that explain in practical manner what is required.

(5) Auditing and Monitoring: The organization must have taken reasonable steps to achieve compliance with its standards, e.g., by utilizing monitoring and auditing systems reasonably designed to detect criminal conduct by its employees and other agents and by having in place and publicizing a report system whereby employees and other agents could report criminal conduct by others within the organization without fear of retribution.

(6) Enforcement & Discipline: The standards must have been consistently enforced, including, as appropriate, discipline of individuals responsible for the failure to detect an offense. Adequate discipline of individuals responsible for an offense is a necessary component of enforcement;however, the form of discipline that will be appropriate will be case specific.

(8) Response & Prevention: After an offense has been detected, the organization must have taken all reasonable steps to respond appropriately to the offense and to prevent further similar offenses – including any necessary modifications to its program.

Are you looking for a attorney in Tampa to help assist with establishing corporate compliance standards monitoring and auditing systems?

Call the Curry Law Group today.

Additional Commercial Litigation Areas of Service:

  • Disputes involving breach of contract, misinterpretation of contract clauses and contract negotiation
  • Contract interference and interference involving business relationships
  • Disputes involving the Uniform Commercial Code (UCC)
  • Shareholder and partnership disputes
  • Cases involving breach of fiduciary duty
  • Disputes involving non-compete agreements
  • Franchise disputes and franchise creations
  • Corporate Compliance Matters
  • Disputes involving corporate management and control
  • Disputes involving employer-employee relationships
  • Actions involving antitrust, commodities, stocks and trades
  • Cases involving consumer fraud and consumer protection
  • Debt collection actions
  • Defense of product and professional liability lawsuits
  • Civil RICO (Racketeer Influenced and Corrupt Organization) actions
  • And other cases involving business law and commercial litigation

The corporate compliance attorneys of The Curry Law Group offer numerous services to business owners today throughout the Tampa Bay Area. Regulations and laws regarding corporate compliance is an ever expanding and evolving aspect of business today. Retaining proper legal counsel can help provide your business with the ability to improve its corporate compliance decisions.

The Curry Law Group has an experienced team of corporate compliance attorneys protecting the rights of Tampa Bay Area small business owners and individuals.

If you live in the Tampa area and need to speak with an attorney who can assist you with the review of your corporate compliance questions or concerns, don’t delay.

Call The Curry Law Group Today!