The guidelines set fines based on the seriousness of the offense and the culpability of the organization. These guidelines were implemented in November 1991. However, prosecutors have not yet begun to press for application of the organizational guidelines in cases relying upon expansive and novel theories of substantive criminal liabilities, although these theories appear supportable by broad statutes and case law. Allegations involving corporate criminality have made up a relatively small part of the Federal criminal caseload. An analysis of the first 50 cases resulting in sentences under the guidelines suggests an unwillingness of prosecutors to actively test the application of the organizational guidelines in controversial circumstances. If prosecutorial resources remain constant, and if corporations take advantage of the mitigation possibilities, then the government may choose to pursue only the most egregious cases. Footnotes