Regulatory Measures
The history of business and government excesses and the subsequent public, legal and political reaction is quite a long one and the response to criminal misconduct has led to governance practices, legal sanctions, compliance standards and different cultural transformations. Over the last forty years there have been major events within the American Business society leading to subsequent legislations and regulations that have shaped up how organizations carry out their business operations. These legislations that came about are such as the Federal Sentencing Guidelines for Organizations (FSGO), Sarbanes-Oxley Act (SOX), and the Consumer Financial Protection Bureau (CFPB). There are various events that paved way for the creation of each of these regulatory measures.
In 1984, the sentencing Reform Act was enacted and it contained a set of mandatory federal sentencing guidelines. The United States sentencing commission was formed as part of the act and it was charged with the responsibility for provision of certainty and fairness in any sentencing in order to avoid sentencing disparities that were not wanted while at the same time ensuring that there is sufficient flexibility to allow individualized sentencing in cases where mitigating and aggravating factors warrant the process. In 1991, the Federal Sentencing Guidelines for Organizations (FSGO) was developed as a response to the sentencing Reform Act. This was the pioneer of the concept of sentencing punishment mitigation for the effective compliance program and cooperation (Kaplan, & Walker, 2012).
There is a variety...
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