Terms Used In 22 Guam Code Ann. § 43114

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
(a) To ensure the integrity of Tourist Industry Job Corps programs, special efforts are necessary to prevent fraud and other program abuses. Fraud includes deceitful practices and international misconduct, such as willful misrepresentation in accounting for use of program funds. ‘Abuse’ is a general term which encompasses improper conduct which may or may not constitute fraud. While any violation of this Chapter may constitute fraud or

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22 Guam Code Ann. BUSINESS REGULATIONS
CH. 43 TOURIST INDUSTRY JOB CORPS

program abuse, Subsections (b), (c), (d) and (e) of this Section identify and address specific program problems of most concern.
(b) Conflict of Interest. Guam Community College shall avoid organizational conflicts of interest, and their personnel shall avoid personal conflicts of interest and the appearance of conflicts of interest or any impropriety in awarding financial assistance and in the conduct of pro- curement activities involving funds under this Chapter.

(c) Acceptance of Favors. No officer, employee or agent of programs funded under this Chapter shall solicit or accept gratuities, favors or anything of monetary value from any actual or potential sub-recipient or contractor.
(d) Political Activities.

(1) No program under this Chapter may involve political activities;

(2) No participant or trainee under this Chapter may engage in partisan or non-partisan political activities during hours for which the participant is paid with Tourist Industry Job Corps Funds.

(3) No participant or trainee under this Chapter may, at any time, engage in partisan or non-partisan political activities in which such participant or trainee represents that he is a spokesperson of the Tourist Industry Job Corps.

(e) Theft or Embezzlement from Employment and Training Funds. Any officer, director, agent, employee or person connected in any capacity with any agency receiving financial assistance under this Chapter, who knowingly hires an ineligible individual, embezzles, willfully misapplies, steals, or obtains by fraud any funds, assets, or property which are the subject of an appropriation or contract under this Chapter, shall be subject to the appropriate penalties as provided in Titles 8 and 9 of the Guam Code Annotated.
SOURCE: GC § 26713; added by P.L. 18-48:2.

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