9 CFR PART 201 – ADMINISTERING THE PACKERS AND STOCKYARDS ACT
Terms Used In 9 CFR PART 201 - ADMINISTERING THE PACKERS AND STOCKYARDS ACT
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- aggregate amount: means the total amount of an award granted to one or more whistleblowers pursuant to § 165. See 17 CFR 165.2
- Allegation: something that someone says happened.
- Amortization: Paying off a loan by regular installments.
- amounts required by law to be withheld: include amounts for deductions such as social security taxes and withholding taxes, but do not include any amount withheld under a court order; and
(b) Includes, but is not limited to, salary, bonuses, commissions, or vacation pay. See 34 CFR 34.3
- analysis: means the whistleblower's examination and evaluation of information that may be generally available, but which reveals information that is not generally known or available to the public. See 17 CFR 165.2
- Appraisal: A determination of property value.
- Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings.
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board of Governors: means the Board of Governors of the Federal Reserve System. See 12 CFR 1310.2
- collected by the Commission: refers to any funds received, and confirmed by the U. See 17 CFR 165.2
- Commission: means the Securities and Exchange Commission, except in the context of the Commodity Futures Trading Commission. See 12 CFR 1310.2
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
- Conference committee: A temporary, ad hoc panel composed of conferees from both chamber of a legislature which is formed for the purpose of reconciling differences in legislation that has passed both chambers. Conference committees are usually convened to resolve bicameral differences on major and controversial legislation.
- Conference report: The compromise product negotiated by the conference committee. The "conference report" is submitted to each chamber for its consideration, such as approval or disapproval.
- Council: means the Financial Stability Oversight Council. See 12 CFR 1310.2
- covered judicial or administrative action: means any judicial or administrative action brought by the Commission under the Commodity Exchange Act whose successful resolution results in monetary sanctions exceeding $1,000,000. See 17 CFR 165.2
- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
- Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- depository institution: includes a U. See 12 CFR 1500.8
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Docket: A log containing brief entries of court proceedings.
- Equal Credit Opportunity Act: Prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age, or because an applicant receives income from a public assistance program. Source: OCC
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
- Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
- Federal Insurance Office: means the office established within the Department of the Treasury by section 502(a) of the Dodd-Frank Act (31 U. See 12 CFR 1310.2
- Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
- Fiduciary: A trustee, executor, or administrator.
- financial holding company: as used in this part means the financial holding company and all of its subsidiaries, including a private equity fund or other fund controlled by the financial holding company. See 12 CFR 1500.8
- financial transaction: includes -
(i) Funds transfers;
(ii) Securities contracts;
(iii) Contracts of sale of a commodity for future delivery;
(iv) Forward contracts;
(v) Repurchase agreements;
(vii) Security-based swaps;
(viii) Swap agreements;
(ix) Security-based swap agreements;
(x) Foreign exchange contracts;
(xi) Financial derivatives contracts; and
(xii) Any similar transaction that the Council determines to be a financial transaction for purposes of this part. See 12 CFR 1320.2
- Forbearance: A means of handling a delinquent loan. A
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- foreign nonbank financial company: means a company (other than a company that is, or is treated in the United States as, a bank holding company) that is -
(1) Incorporated or organized in a country other than the United States; and
(2) "Predominantly engaged in financial activities" as that term is defined in section 102(a)(6) of the Dodd-Frank Act (12 U. See 12 CFR 1310.2
- Fund: means the Commodity Futures Trading Commission Customer Protection Fund. See 17 CFR 165.2
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- hearing date: means the latest of -
(1) The date on which the Council has received all of the written materials timely submitted by a nonbank financial company for a hearing that is conducted without oral testimony pursuant to § 1310. See 12 CFR 1310.2
- hearing date: means the later of -
(1) The date on which the Council receives all of the written materials timely submitted by the financial market utility for a hearing that is conducted without oral testimony; or
(2) The final date on which the Council convenes for the financial market utility to present oral testimony. See 12 CFR 1320.2
- independent analysis: means the whistleblower's own analysis, whether done alone or in combination with others. See 17 CFR 165.2
- independent knowledge: means factual information in the whistleblower's possession that is not generally known or available to the public. See 17 CFR 165.2
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
- Lien: A claim against real or personal property in satisfaction of a debt.
- member agency: means an agency represented by a voting member of the Council under section 111(b)(1) of the Dodd-Frank Act (12 U. See 12 CFR 1310.2
- monetary sanctions: when used with respect to any judicial or administrative action, or related action, means -
(1) Any monies, including penalties, disgorgement, restitution, and interest ordered to be paid; and
(2) Any monies deposited into a disgorgement fund or other fund pursuant to section 308(b) of the Sarbanes-Oxley Act of 2002 (15 U. See 17 CFR 165.2
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
- nonbank financial company: means a U. See 12 CFR 1310.2
- Office of Financial Research: means the office established within the Department of the Treasury by section 152 of the Dodd-Frank Act (12 U. See 12 CFR 1310.2
- Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
- original information: means information that -
(1) Is derived from the independent knowledge or independent analysis of a whistleblower;
(2) Is not already known to the Commission from any other source, unless the whistleblower is the original source of the information;
(3) Is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is a source of the information; and
(4) Is submitted to the Commission for the first time after July 21, 2010 (the date of enactment of the Wall Street Transparency and Accountability Act of 2010). See 17 CFR 165.2
- Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
- primary financial regulatory agency: means -
(1) The appropriate Federal banking agency, with respect to institutions described in section 3(q) of the Federal Deposit Insurance Act (12 U. See 12 CFR 1310.2
- Probate: Proving a will
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- prudential standards: means enhanced supervision and regulatory standards established by the Board of Governors under section 165 of the Dodd-Frank Act (12 U. See 12 CFR 1310.2
- Quorum: The number of legislators that must be present to do business.
- Recess: A temporary interruption of the legislative business.
- related action: when used with respect to any judicial or administrative action brought by the Commission under the Commodity Exchange Act, means any judicial or administrative action brought by an entity listed in § 165. See 17 CFR 165.2
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Sequester: To separate. Sometimes juries are sequestered from outside influences during their deliberations.
- statement: means anything of value, including but no limited to any advantage, preference, privilege, license, permit, favorable decision, ruling, status, or loan guarantee. See 34 CFR 33.2
- successful resolution: when used with respect to any judicial or administrative action brought by the Commission under the Commodity Exchange Act, includes any settlement of such action or final judgment in favor of the Commission. See 17 CFR 165.2
- Supervisory Agency: means the Federal agency that -
(i) Has primary jurisdiction over a designated financial market utility under Federal banking, securities, or commodity futures laws as follows -
(A) The Securities and Exchange Commission, with respect to a designated financial market utility that is a clearing agency registered with the Securities and Exchange Commission;
(B) The Commodity Futures Trading Commission, with respect to a designated financial market utility that is a derivatives clearing organization registered with the Commodity Futures Trading Commission;
(C) The appropriate Federal banking agency, with respect to a designated financial market utility that is an institution described in section 3(q) of the Federal Deposit Insurance Act;
(D) The Board of Governors, with respect to a designated financial market utility that is otherwise not subject to the jurisdiction of any agency listed in paragraphs (1)(i), (ii), and (iii) of this definition; or
(ii) Would have primary jurisdiction over a financial market utility if the financial market utility were a designated financial market utility under paragraph (1) of this definition. See 12 CFR 1320.2
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trustee: A person or institution holding and administering property in trust.
- Verdict: The decision of a petit jury or a judge.
- whistleblowers: means any individual, or two (2) or more individuals acting jointly, who provides information relating to a potential violation of the Commodity Exchange Act to the Commission, in the manner established by § 165. See 17 CFR 165.2