Deleted departure provisions of §8C4.11. Exceptional Organizational Culpability (Policy Statement) [Deleted]

If the organization’s culpability score is greater than 10, an upward departure may be appropriate. If no individual within substantial authority personnel participated in, condoned, or was willfully ignorant of the offense; the organization at the time of the offense had an effective program to prevent and detect violations of law; and the base fine is determined under §8C2.4(a)(1), §8C2.4(a)(3), or a special instruction for fines in Chapter Two (Offense Conduct), a downward departure may be warranted. In a case meeting these criteria, the court may find that the organization had exceptionally low culpability and therefore a fine based on loss, offense level, or a special Chapter Two instruction results in a guideline fine range higher than necessary to achieve the purposes of sentencing. Nevertheless, such fine should not be lower than if determined under §8C2.4(a)(2).[47] USSG §8C2.4(a) (Nov. 2024) provided: The base fine is the greatest of: (1) the amount from the table in subsection (d) below corresponding to the offense level determined under §8C2.3 (Offense Level); or (2) the pecuniary gain to the organization from the offense; or (3) the pecuniary loss from the offense caused by the organization, to the extent the loss was caused intentionally, knowingly, or recklessly.