What is an aggravating factor that can increase a culpability score in the Federal Sentencing Commission's guidelines?

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An aggravating factor that increases a culpability score in the Federal Sentencing Commission's guidelines is when the violation is a repeat offense. This is significant because repeat offenses indicate a pattern of behavior that demonstrates a disregard for the law and a failure to adhere to compliance standards. Such a history of violations reflects poorly on the organization’s commitment to compliance, suggesting that prior attempts to correct behavior were insufficient. The Federal Sentencing Guidelines aim to promote accountability and compliance within organizations; therefore, the presence of a repeat violation signals the need for a harsher penalty to discourage ongoing non-compliance and promote a culture of lawful behavior. This framework is designed to ensure that organizations recognize the serious implications of their actions and the importance of maintaining compliance to avoid escalating consequences.

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