Securities Lawyer's Deskbook
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The

Sarbanes-Oxley Act of 2002





Section 905 -- Amendment to Sentencing Guidelines Relating to Certain White-Collar Offenses


  1. Directive to the United States Sentencing Commission. Pursuant to its authority under section 994(p) of title 18, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the Federal Sentencing Guidelines and related policy statements to implement the provisions of this Act.

  2. Requirements. In carrying out this section, the Sentencing Commission shall--

    1. ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses and the penalties set forth in this Act, the growing incidence of serious fraud offenses which are identified above, and the need to modify the sentencing guidelines and policy statements to deter, prevent, and punish such offenses;

    2. consider the extent to which the guidelines and policy statements adequately address whether the guideline offense levels and enhancements for violations of the sections amended by this Act are sufficient to deter and punish such offenses, and specifically, are adequate in view of the statutory increases in penalties contained in this Act;

    3. assure reasonable consistency with other relevant directives and sentencing guidelines;

    4. account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;

    5. make any necessary conforming changes to the sentencing guidelines; and

    6. assure that the guidelines adequately meet the purposes of sentencing, as set forth in section 3553(a)(2) of title 18, United States Code.

  3. Emergency Authority and Deadline for Commission Action. The United States Sentencing Commission is requested to promulgate the guidelines or amendments provided for under this section as soon as practicable, and in any event not later than 180 days after the date of enactment of this Act, in accordance with the procedures set forth in section 219(a) of the Sentencing Reform Act of 1987, as though the authority under that Act had not expired.


Legislative History


July 30, 2002, 107 P.L. 204, Title IX, § 905, 116 Stat. 745.

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