The Sentencing Reform Act of 1984 established the United States Sentencing 
Commission, an independent agency in the judicial branch of the U.S. 
government, to establish sentencing policies and practices for the federal 
criminal justice system as well as empowering it with ongoing responsibilities to 
monitor the guidelines and recommend modifications to the guidelines.  This 
Act gives teeth to corporate compliance departments enabling them to 
implement effective compliance and ethics programs within their 
organizations.  In 2010 proposed amendments to the Federal Sentencing 
Guidelines include at Section 6. Organizational Guidelines, a new paragraph 
which clarifies the expectations of high-level personnel and substantial 
authority personnel, as follows:

High-level personnel and substantial authority personnel "should be aware of 
the organization’s document retention policies and conform any document 
retention policy to meet the goals of an effective compliance program under 
the guidelines and to avoid any liability under the law".

Public comments to the proposed amendment are due by March 22, 2010 and 
should be submitted to [log in to unmask]  Unless the proposed 
amendments are rejected by Congress, they will become effective as of 
November 1, 2010.

To read the proposed amendments, go to http://www.ussc.gov/guidelin.htm.

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