Substantial Assistance to Authorities ― Organizations (Policy Statement)

(a) Upon motion of the government stating that the defendant has provided substantial assistance in the investigation or prosecution of another organization that has committed an offense, or in the investigation or prosecution of an individual not directly affiliated with the defendant who has committed an offense, a fine that is below the otherwise applicable guideline fine range may be appropriate. (b) The appropriate reduction shall be determined by the court for reasons stated on the record that may include, but are not limited to, consideration of the following: (1) the court’s evaluation of the significance and usefulness of the organization’s assistance, taking into consideration the government’s evaluation of the assistance rendered; (2) the nature and extent of the organization’s assistance; and (3) the timeliness of the organization’s assistance. Commentary Application Note: 1. Fine reduction under this section is intended for cases in which substantial assistance is provided in the investigation or prosecution of crimes committed by individuals not directly affiliated with the organization or by other organizations. It is not intended for assistance in the investigation or prosecution of the agents of the organization responsible for the offense for which the organization is being sentenced. Historical Note Effective November 1, 1991 (amendment 422). Amended effective November 1, 2025 (amendment 836). §§8C4.2 – 8C4.11 §§8C4.2 – 8C4.11. [Deleted] Historical Note Sections 8C4.2 (Risk of Death or Bodily Injury (Policy Statement)), 8C4.3 (Threat to National Security (Policy Statement)), 8C4.4 (Threat to the Environment (Policy Statement)), 8C4.5 (Threat to a Market (Policy Statement)), 8C4.6 (Official Corruption (Policy Statement)), 8C4.7 (Public Entity (Policy Statement)), 8C4.8 (Members or Beneficiaries of the Organization as Victims (Policy Statement)), and 8C4.9 (Remedial Costs that Greatly Exceed Gain (Policy Statement)), effective November 1, 1991 (amendment 422), were deleted effective November 1, 2025 (amendment 836). Section 8C4.10 (Mandatory Programs to Prevent and Detect Violations of Law (Policy Statement)), effective November 1, 1991 (amendment 422), and amended effective November 1, 2004 (amendment 673), was deleted effective November 1, 2025 (amendment 836). Section 8C4.11 (Exceptional Organizational Culpability (Policy Statement)), effective November 1, 1991 (amendment 422), was deleted effective November 1, 2025 (amendment 836). PART D ― ORGANIZATIONAL PROBATION Introductory Commentary Section 8D1.1 sets forth the circumstances under which a sentence to a term of probation is required. Sections 8D1.2 through 8D1.4, and 8F1.1, address the length of the probation term, conditions of probation, and violations of probation conditions. Historical Note Effective November 1, 1991 (amendment 422). Amended effective November 1, 2004 (amendment 673).