Since November 1, 1991, the date of enactment of the Federal Sentencing Guidelines, corporate leaders are responsible for ensuring that "reasonable steps" are taken to achieve compliance with all of the Sentencing Guidelines. At a minimum, corporate leaders should ensure that appropriate monitoring and auditing systems are in place and are reasonably designed to detect criminal conduct by its employees and other agents. Secondly, corporate leaders should ensure that a system is in place to publicize a reporting system, whereby employees and other agents can report criminal conduct by others within the organization - without fear of retribution.
Are you in compliance with the Federal Sentencing Guidelines? What is your monitoring system to detect criminal misconduct? Do you have an effective reporting system in place? What assurances do your employees have that they will not face retribution for reporting misconduct?
Take the time to consult with The Whall Group professionals to ensure that you are not subject to exposure. The Sentencing Commission has stated that an effective compliance program (meeting the litmus test for benchmarks) can diminish (result in downward departure) the culpability factor in the Guidelines computation. In today's climate, it is not just the corporation that is exposed to litigious action and sanctions. As a corporate officer, you also face the same sanctions, if complacency is evident. Protect your corporation and yourself by confidentially consulting with The Whall Group professionals. Be proactive, rather than reactive.
Corporate Measurement Programs
The Federal Sentencing Guidelines are, without question, the least understood of all Federal mandates. These Guidelines recommend that every corporation have an effective compliance program in place. Companies charged with violations are often confronted with another misunderstood phenomenon: the rating computation for individual executives and the corporation. Corporations without adequate measurement programs risk probation resolution issues and stiff sanctions. The Whall Group can assist your corporation in developing acceptable compliance programs, a code of conduct, employee rules, and ethic policies. We also provide monitoring and measurement programs. With measurement programs in place, The Whall Group will be able to prepare progress reports for management to demonstrate attainment of goals towards good corporate citizenship.
Our litigation support staff can render invaluable assistance throughout the legal phase and ensure that the Court's litmus test for benchmarks is met. The Whall Group's staff attorneys have considerable research proficiency and experience relative to the Sentencing Guidelines. The Whall Group can therefore assist law firms, especially those that deal infrequently with these issues, helping to reduce the potential for malpractice in these matters, and for increased advantages and opportunities under the Guidelines.
Let The Whall Group:
- Detect and prevent unlawful employee conduct
- Reduce the chance of costly fines, restitution, and other sanctions
- Ensure good corporate citizenship
- Reduce the likelihood of civil litigation
- Provide guidance to employees facing ethical or legal questioning
- Provide employee guidance for reporting illegal conduct
Corporate Defense Programs
- CFAA (Computer Fraud and Abuse Act)
- CCA (Clinger-Cohen Act)
- ECPA (Electronic Communications Protection Act)
- ERISA (Employment Retirement Income Security Act)
- HIPPA (Health Insurance Portability & Accountability Act)
- PPA (Privacy Protection Act)
- Sarbanes-Oxley Act of 2002
- USA Patriot Act of 2001 (Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism).
Unless you have staff resources to monitor compliance with the Federal mandates, you may be exposed to great liability, both as a corporate citizen and personally as an officer of
your corporate entity. Ignorance of the law is no defense. The Whall Group professionals have the necessary expertise to guide your organization and to ensure that proper programs are in place to monitor your organization’s compliance and achievements with respect to these mandates. Contact The Whall Group for a confidential consultation to determine your exposure to liability.
Professional Employer Organization Compliance
Government agencies are now looking closely at PEOs, due to recent abuses in their fiduciary responsibilities. Employment regulations, quarterly tax payments, and other fiduciary responsibilities have pressured PEOs to cut corners and "bend the rules," in order to survive these highly competitive times. With all of the demands for lower costs, higher revenue, and quick turnaround, shareholders/stakeholders are at risk of financial loss. HIPPA requirements are just one more demand facing executives running PEOs. The Whall Group has extensive first-hand experience in dealing with these pressures and executives willing to break the law. Bring that experience to bear. Rest assured, The Whall Group will protect your assets.
