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CHC exam/81 Questions andAnswers/100% Accurate
Chapter 8 Federal Sentencing Guidelines (FSG) - -Guidelines and policy in
this section apply to sentencing in federal criminal prosecution when the
convicted defendant is an organization
-FSG- 4 factors that increase ultimate punishment of an organization - -
1.Involvement in or tolerance of criminal activity
2.Prior history of the organization
3.The violation of an order
4.The obstruction of justice
-FSG- The two factors that mitigate the ultimate punishment of an
organization - -1.The existence of an effective compliance and ethics
program
2. Self-reporting,cooperation, or acceptance of responsibility
-FSG - The 4 general principles - -1. The court orders the organization to
remedy harm caused by the offense.
2.If the organization operated primary for a criminal purpose or primarily by
criminal means the fine should divest it of all assets.
3. Fine based on seriousness and culpability (6 factors)
4. Probation is appropriate when needed to ensure another sanction is fully
implemented or to ensure steps will be taken to reduce likelihood of future
offense.
-FSG-High-level personnel of the organization - -Individuals who have
substantial control over the organization or who have a substantial role in
the making of policy or has substantial ownership interest
-FSG-Substantial authority personnel - -Individuals who within the scope of
their authority exercises substantial measure of discretion in acting on behalf
of an organization. High-level included in definition . Examples manager,can
negotiate contracts or prices, supervisory authority. No of these examples is
required, determined on a case by case basis.
-FSG-Condoned - -If individual knew of the offense and didn't take
reasonable steps to prevent or terminate the offense.
-FSG- willfully ignorant of the offense - -If the individual did not investigate
the possible occurrence of unlawful conduct despite knowledge of
circumstances that would lead a reasonable person to investigate.
, -FSG-Part B:Methods for remedying harm - -1.Restitution order or probation
requiring restitution.
2.Remedial order or community service when harm would not be otherwise
remedied.
-FSG Restitution to identifiable victim - -Can be made in lump sum, partial
payments at specifed intervals, in - kind payments or combination of each.
-FSG-in-kind payment - -1. Return of property
2. Replacement of property
3. If the victim agrees services rendered to the victim or to a person
organization other than the victim
-FSG - Remedial Orders - -RO as part of Probation can require organization
to remedy harm and eliminate or reduce the risk the offense will cause
future harm. If future harm can be reasonably estimated then court can
require the organization to create a trust fund sufficient to address that
expected harm.
-FSG-Community Service - -An organization can perform community service
only by employing it's resources or paying it's employees or others to do so.
-FSG-Compliance and ethics program. 4 factors to consider in meeting
requirements - -A). Applicable Government Regulation and Industry Practice
B).Size of the organization
C).Recurrence of similar misconduct
-FSG-Small Organization - -<200 employees
-FSG-Pervasiveness under subsection b. - -Case specific, depends on
number and degree of responsibility, of individuals within substantial
authority personnel who participated in,condoned, or were willfully ignorant
of the offense.
-Obstruction does not apply to - -Individuals hiding from organization
-5 most important federal fraud and abuse laws - -*False Claims Act (FCA)
*Ant - kickback Statute (AKS)
*Physician Self-referral *Law (Stark I II III )
*Exclusion Authorities
*Civil Monetary Penalties Law (CMPL)
-Stark - designated health services (DHS) - -*labs
*PT,OT,Outpatient Speech/Language Pathology
*Radiology, some other imaging
*Radiation therapy, supplies
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