OFFENSE Sample Clauses

OFFENSE. If a bankruptcy case or related proceeding is dismissed because of a knowing at- tempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, impris- oned not more than 1 year, or both. (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title XII, § 1220, Apr. 20, 2005, 119 Stat. 195.) The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. (a) Pub. L. 109–8, in first par., inserted ‘‘ (1) the term’’ before ‘‘ ‘bankruptcy petition preparer’ ’’ and substituted ‘‘; and’’ for period at end and, in second par., inserted ‘‘ (2) the term’’ before ‘‘ ‘document for fil- ing’ ’’ and substituted ‘‘title 11’’ for ‘‘this title’’. Amendment by Pub. L. 109–8 effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under Title 11, Bankruptcy, before such ef- fective date, except as otherwise provided, see section 1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. Section effective Oct. 22, 1994, and not applicable with respect to cases commenced under Title 11, Bank- ruptcy, before Oct. 22, 1994, see section 702 of Pub. L. 103–394, set out as an Effective Date of 1994 Amendment note under section 101 of Title 11. A person who, having devised or intending to devise a scheme or artifice to defraud and for the purpose of executing or concealing such a scheme or artifice or attempting to do so— (1) files a petition under title 11, including a fraudulent involuntary petition under section 303 of such title; (2) files a document in a proceeding under title 11; or (3) makes a false or fraudulent representa- tion, claim, or promise concerning or in rela- tion to a proceeding under title 11, at any time before or after the filing of the petition, or in relation to a proceeding falsely asserted to be pending under such title, shall be fined under this title, imprisoned not more than 5 years, or both. (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title III, § 332(c), Apr. 20, 2005, 119 Stat. 103; Pub. L. 111–327, § 2(b), Dec. 22, 2010, 124 Stat. 3562.)

OFFENSE. No person shall knowingly sell, purchase, install, transfer, possess, use, or access any automated sales suppression device, zapper, or phantom-ware.

OFFENSE. The employee will be suspended for ten (10) working days without pay. An employee assistance program will be mandatory for the involved employee to be paid for as provided for in existing health care benefits. Accrued sick time may be used for EAP. No sick time may be used toward the suspension.

OFFENSE. If a bankruptcy case or related proceeding is dismissed because of a knowing at- tempt by a bankruptcy petition preparer in any manner to disregard the requirements of title 11, United States Code, or the Federal Rules of Bankruptcy Procedure, the bankruptcy petition preparer shall be fined under this title, impris- oned not more than 1 year, or both. (Added Pub. L. 103–394, title III, § 312(a)(1)(B), Oct. 22, 1994, 108 Stat. 4140; amended Pub. L. 109–8, title XII, § 1220, Apr. 20, 2005, 119 Stat. 195.) The Federal Rules of Bankruptcy Procedure, referred to in subsec. (b), are set out in the Appendix to Title 11, Bankruptcy. This amendment [see section 4] clarifies section 155 of title 18, U.S.C., by restating the first paragraph thereof in closer conformity with the original law, as it existed at the time of the enactment of the revision of title 18. 1994—Pub. L. 103–322 substituted ‘‘fined under this title’’ for ‘‘fined not more than $5,000’’. 1978—Pub. L. 95–598 substituted ‘‘cases under title 11 and receiverships’’ for ‘‘bankruptcy proceedings’’ in section catchline and in text ‘‘or case under title 11’’ for ‘‘, bankruptcy or reorganization proceeding’’, in- serted ‘‘knowingly and fraudulently’’ after ‘‘super- vision,’’, and struck out penalty provision for a judge of a United States court to knowingly approve the pay- ment of any fees or compensation that were fixed. 1949—Act May 24, 1949, inserted references to attor- neys for any party in interest in three places, and sub- stituted ‘‘in any United States court or under its super- vision’’ for ‘‘in or under the supervision of any court of the United States’’. Amendment by Pub. L. 95–598 effective Oct. 1, 1979, see section 402(a) of Pub. L. 95–598, set out as an Effec- tive Date note preceding section 101 of Title 11, Bank- ruptcy. Amendment by section 314 of Pub. L. 95–598 not to af- fect the application of chapter 9 (§ 151 et seq.), chapter 96 (§ 1961 et seq.), or section 2516, 3057, or 3284 of this title to any act of any person (1) committed before Oct. 1, 1979, or (2) committed after Oct. 1, 1979, in connection with a case commenced before such date, see section 403(d) of Pub. L. 95–598, set out as a note preceding sec- tion 101 of Title 11, Bankruptcy. (a) DEFINITIONS.—In this section— (a) Pub. L. 109–8, in first par., inserted ‘‘ (1) the term’’ before ‘‘ ‘bankruptcy petition preparer’ ’’ and substituted ‘‘; and’’ for period at end and, in second par., inserted ‘‘ (2) the term’’ before ‘‘ ‘docum...

OFFENSE. Subject to DISCHARGE

OFFENSE. Behavior by a youth that would constitute a violation of the criminal law, a probation violation, or conduct which would meet the criteria of a Child in Need of Supervision as defined under law. A placement facility is defined as a secure or non-secure detention facility, shelter care, or other residential facility.

OFFENSE. D a. Willful falsification of company, government, or employee records. b. Theft of company, government, or personal property. c. Abandoning post without just cause. d. Possessing, distributing, consuming, or being under the influence of alcohol, illegal drugs, or controlled substances while on duty. e. Possession on the job site of a private firearm or other weapon not issued by the employer pursuant to the contract in violation of 18 U.S.C. 930. f. Making willful false statements on an application for employment, a gun permit, or a security clearance. g. Refusal to submit to drug or alcohol testing as provided. h. Willful or careless destruction of property. i. Sleeping on post and/or sleeping while in possession of company handgun. j. Accepting graft, gifts or gratuities as a favor for a service while on duty. k. Not reporting for work after 2 days without notifying Paragon Systems, Inc. l. Willfully concealment, removal, mutilation or destruction of government documents or records. x. Xxxxx insubordination n. Willfully given unauthorized access to an agency automated Information system. o. Unauthorized access to areas not required for the performance of the contract.

OFFENSE. Except as provided in subsection (b), whoever, with respect to services covered by a health care benefit program, in or affecting interstate or foreign commerce, knowingly and willfully— a. solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory; or b. pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in-kind— c. to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory; or d. in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory, e. shall be fined not more than $200,000, imprisoned not more than 10 years, or both, for each occurrence. Section 2(b) of EKRA includes several statutory exceptions and authorizes the United States Attorney General, in consultation with the Secretary of Health and Human Services, to clarify the statutory exceptions, as well as to develop additional exceptions. The current exceptions are as follows: General Discounts EKRA excepts from the prohibition discounts obtained by providers or entities under a health care program, if the discounts are disclosed and reflected in the provider’s or entity’s costs or charges. Special Discounts EKRA mirrors the Medicare coverage gap drug discount program under section 1860D– 14A(g) of 2 the Social Security Act (42 U.S.C. 1395w– 114a(g)) Individual Compensation XXXX’s compensation exception seemingly applies to both employees and contractors, unlike the Federal Anti-Kickback Statute (the “AKS”), which has different safe harbors for employees and for contractors. The EKRA exception requires that compensation not be determined by, or vary with, referrals to a facility, the number of tests or procedures performed, or the amount billed or received from the health care benefit program. Entity Compensation EKRA adopts, by reference, the AKS’s personal services and management contracts safe harbor. Patient Copayments or Coinsurance EKRA allows copayment waivers if they are not routinely provided and are provided in good faith. This is consistent with the Department of Health and Human Services Office of Inspector General’s (“OIG”) guidance on waivers for copayments under the AKS. Remuneration to Federally Qualified Health C...

OFFENSE. Physical aggression with intent to harm, aggressive verbal abuse of the bus driver/monitor or students, possession of matches/lighter, cutting seating, vandalism.

OFFENSE. Possession or use of tobacco or alcohol, sexual harassment, gang related activity, bullying/harassment with the intention to physically or mentally harm, hazing.