RED FLAGS. A. Notwithstanding any other potential Red Flags that the Settling Pharmacy may identify in its CSCP Policies and Procedures, the Settling Pharmacy shall identify in its CSCP Policies and Procedures the following potential “Patient Red Flags”:
1. A Patient seeks to fill a Designated Controlled Substance prescription more than three days prior to the contemplated exhaustion date of an earlier prescription of the same Designated Controlled Substance;
2. A Patient seeks to fill Designated Controlled Substance prescriptions from more than four Prescribers, from separate practices, in a given 6-month period;
RED FLAGS. Contractor shall be responsible for implementation of an Identity Theft Monitoring Policy and Procedure to protect individuals’ information that may be breached by the Contractor under applicable Federal Trade Commission Regulations Red Flag Rules.
RED FLAGS. Neither Applicant Manager nor any of its principals has been or is subject to any: (i) criminal conviction (excluding traffic misdemeanors or xxxxx offenses); (ii) bankruptcy filings; (iii) Internal Revenue Service liens; (iv) federal or state regulatory administrative or enforcement proceedings relating to fraud; or (v) restraining order, decree, injunction or judgment in any proceeding or lawsuit alleging fraud or deceptive practices. Applicant Manager will inform On Deck in writing if Applicant Manager or any of its principals has been or becomes subject to any such event.
RED FLAGS. To the extent applicable, Co-Brand Partner shall establish and maintain reasonable policies and procedures designed to detect, prevent and mitigate the risk of identity theft relating to Consumers, including but not limited to policies and procedures to detect patterns, practices, or specific activities that indicate the possible existence of identity theft, and shall ensure that any services are conducted in accordance with such policies and procedures. At present, the Parties agree that such policies and procedures are not currently applicable, but if the Parties agree that a subsequent change in program triggers such requirement, then, upon request by Co-Brand Partner, FNBO will provide suggestions to Co-Brand Partner related to such policies and procedures. If requested by FNBO, Co-Brand Partner shall promptly notify FNBO of any such patterns, practices, or specific activities that indicate the possible existence of identity theft and reasonably cooperate in FNBO’s investigation of such matter
RED FLAGS. Calix Representatives should be aware of certain “Red Flags,” which may indicate a questionable transaction with an agent or consultant, such as:
4.3.1 requests for unusual payments or financial arrangements, such as: payments to a numbered bank account; payments to accounts in countries other than where the agent or consultant is located or the business is to be performed; or cash payments.
4.3.2 unusually high commission rates or seemingly inflated invoices;
4.3.3 a history of or reputation for corruption in the country;
4.3.4 a lack of transparency in expense and accounting records; or
4.3.5 a close relationship between the agent or consultant and the foreign government or contracting individual.
RED FLAGS. The proposal… • Does not include a capacity development and performance improvement approach that aims to improve the delivery of products or services that an organization produces. • Describes only development of program-related capacities, not capacities related to broader organizational strengthening and sustainability, such as strategic planning and business development (see Capacity Development section). • Lacks adequate budget to support a robust capacity development plan, financial audits of local partners, and property acquisition and transfer to local partners. • Does not budget an overhead rate for local partners. • Has no host country nationals in Key Personnel positions, or a plan to transition key personnel positions to local staff. • Lists popular buzzwords rather than a coherent description of the process or approach for aligning resources and developing capacity in preparation for a transition to a local partner.
RED FLAGS. Each Party acknowledges the applicability of the Fair and Accurate Credit Transactions Act of 2003 (“FACT Act”) to the extent that accounts under any Program that are considered “covered” by the Red Flag Guidelines of the FACT Act (the “Red Flags”). To the extent applicable, Marketer agrees to cooperate fully with CBKC in implementation and maintenance of an appropriate program with respect to covered accounts (the “Red Flags Program”). Any Red Flags Program of Marketer is subject to the prior written approval of CBKC, which may not be unreasonably withheld or revoked. CBKC may require Marketer to modify Marketer’s Red Flags Program to ensure compliance with Applicable Law, and Marketer will do so promptly. Upon CBKC’s reasonable request, Marketer will provide to CBKC a copy of Marketer’s Red Flags Program.
RED FLAGS. 1. Upon request by the Settling States, but no more than annually, and no earlier than four months after the Injunctive Terms Implementation Date, Kroger shall provide to the Settling States a report (the “Annual Data Report”) that sets forth: (1) the total number of prescriptions for Controlled Substances dispensed annually, aggregated nationally and by state; (2) the top twenty-five prescribers of Designated Controlled Substances in each Settling State; (3) the list of prescribers subject to disclosure in section X.5; (4) the specific process, system, metrics or algorithms (if any) sufficient to demonstrate the operational system’s ability to identify each category of Red Flag listed in this section; and (5) the total number of Designated Controlled Substance prescriptions that pharmacists at the Settling Pharmacy refused to dispense, as reflected in the pharmacy dispensing or other electronic system. Unless otherwise required by law, if a Settling State seeks to disclose any data and/or information provided under this provision as part of a proceeding to enforce these Injunctive Terms or for other law enforcement purposes, it shall first provide ten (10) days’ notice to Kroger unless doing so would conflict with applicable law.
2. A Settling State shall not otherwise disclose or provide any data provided under this provision to third parties during or after the Term of these Injunctive Terms unless required to do so by law. If a Settling State is required to disclose or provide any data under this provision to third parties during or after the Term of these Injunctive Terms, it shall first provide ten (10) days’ notice to Kroger unless doing so would conflict with applicable law. All data and/or information provided under this paragraph shall be deemed confidential law enforcement material, to the extent state law permits, and shall not be subject to production unless required by law. Nothing in this paragraph shall be deemed to prevent a Settling State from sharing this material with other State or federal law enforcement agencies.
3. Within the ninety (90) days following the provision of the Annual Data Reports, either Kroger or the States Injunctive Relief Committee may propose in writing a meet and confer to discuss potential changes to the scope of one or more categories of Red Flags. At such a meeting, Kroger or the States Injunctive Relief Committee may provide additional research, information or data available to them beyond that provided in the...
RED FLAGS. Red flags relating to corporate DPAs have been spotted by highly trained legal experts across the board—in academia, Congress, the judiciary, and private practice. This includes Professor Xxxx Xxxxxx’x warning regarding a prosecutor’s excessive control over the DPA process (“the deeper problem lies in the danger that power corrupts and that prosecutors are starting to possess something close to absolute power”);47 Professor Xxxxxxx Xxxxxxx’x statement that DPA agreements can “turn[] the prosecutor into judge and jury, thus undermining our principles of separation of powers”; 48 Congressman Xxxx Xxxxxxxx, Xx.’s similar warning that DPAs give prosecutors “unmitigated power to be the judge, the jury and the sentencer”;49 and Judge Xxxxxxxx Xxxxxx’x comment (in her concurring opinion in HSBC Bank) that through DPAs, “the prosecution exercises the core judicial functions of adjudicating guilt and imposing sentence with no meaningful oversight from
RED FLAGS. To the extent that Subagent provides services in connection with a “covered account” (as such term is defined in 16 CFR 681.2), it shall develop policies and procedures to detect relevant “red flags” (as such term is defined in 16 CFR 681.2) that may arise in the performance of Subagent’s activities. Xxxxxxxx agrees to report any red flags to Company and to take appropriate steps to prevent or mitigate identity theft.
