Compliance 101 - Glossary of
Compliance Terms
Agent - correct answer-any individual, including a director, an officer, and employee, or and
independent contractor, authorized to act on behalf of the organization
Anti-Kickback Statute - correct answer-Prohibits the solicitation, receiving, offering, or paying
of any remuneration directly or indirectly in cash or in-kind exchange.
Anti-Money Laundering Act - correct answer-A set of procedures, laws or regulations
designed to stop the practice of hiding income through illegal actions.
Attestation - correct answer-The affirmation by signature, usually on a printed form, that the
action outlined has been accomplished by the individual signing; e.g., the individual has read
the code of conduct and agreed to adhere to its principles.
Attorney-Client Privilege - correct answer-A legally accepted policy that communication
between a client and attorney is confidential in the course of the professional relationship
and that such communication cannot be disclosed without the consent of the client.
Audit - correct answer-An official inspection of an individual's or organziation's accounts,
typically by an independent body.
Baseline Audit - correct answer-A systematic inspection of records, policies, and procedures
with the goal to establish a set of benchmarks for comparison for future inspections
Benchmarking - correct answer-The measurement of performance against "best practices"
standards.
Best Practices - correct answer-Generally recognized superior performance by organizations
in operational and/or financial processes.
Byrd Amendment - correct answer-anti-lobbying statue that was passed as a rider in 1990 for
two specific purposes: first, to prohibit the use of federal monies to influence or attempt to
influence executive and legislative branch personnel in connection with the award, renewal,
extension, amendment or modification of a federal contract, grant, loan, or cooperative
agreement.
Clayton Antitrust Act - correct answer-1914 law that strengthened the Sherman Antitrust Act
CMPL - correct answer-The Civil Monetary Penalties Law authorizes the imposition of
substantial civil money penalties against an entity that engages in activities including, but not
limited to: (1) knowingly presenting or causing to be presented, a claim for services not
provided as claimed or which is otherwise false or fraudulent in any ...
, Concurrent Audit - correct answer-An ongoing inspection of records, policies, and
procedures at a given point in time in which identified potential problems are investigated as
they arise
Condoned - correct answer-individual knew of the offense and did not take reasonable steps
to prevent or terminate the offense
Corporate Integrity Agreement (CIA) - correct answer-Consent Decrees. A negotiated
settlement between a organization and the government in which the provider accepts no
liability but must agree to implement a strict plan of government-supervised corrective action.
criteria for effectiveness - correct answer-No individual with operational responsibility for the
compliance and ethics program participated in, condoned, or was willfully ignorant of the
offense
criteria for effectiveness - correct answer-The compliance and ethics program detected the
offense before discovery outside the organization or before such discovery was reasonably
likely
criteria for effectiveness - correct answer-The individuals with operational responsibility for
the compliance and ethics program have direct reporting obligations to the governing
authority or appropriate subgroup
criteria for effectiveness - correct answer-The organization promptly reported the offense to
the appropriate government authorities
Culpability Score - correct answer-Part of the U.S. Sentencing Commission guidelines for the
Sentencing of Organizations, a system that adds points for aggravating factors and subtracts
points for mitigating factors in the determination of fines imposed for fraud or abuse.
Defense Industry Initiative (DII) / (Packard Commission) - correct answer-Created by
President Regan to investigate procurement fraud. Resulted in recommendation for
contractors to agree to adopt ethics programs.
Discretionary Authority - correct answer-Legal power of the commissioner of Internal
Revenue to approve any classification of employees that does not discriminate in favor of a
prohibited group. Such approval is necessary before a retirement plan can be a qualified
pension plan and thus subject to tax benefits.
Dodd-Frank - correct answer-To promote the financial stability of the United States by
improving accountability and transparency in the financial system, to end "too big to fail", to
protect the American taxpayer by ending bailouts, to protect consumers from abusive
financial services practices, and for other purposes.
DOL - correct answer-To foster, promote, and develop the welfare of the wage earners, job
seekers, and retirees of the United States; improve working conditions; advance
opportunities for profitable employment; and assure work-related benefits and rights.
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