Sentences with phrase «official acts under»

«Using one's influence as a high ranking state official to push through county legislation and to bestow a county - issued contract are indisputably formal exercises of governmental power constituting official acts under McDonnell,» the decisions states.

In a motion to dismiss his indictment in July, Menendez's attorneys argued his meetings and interactions with executive branch officials can't be considered official acts under the McDonnell ruling.

They wrote that the McDonnell ruling did hold that exerting pressure on another public official to perform an official act qualifies as an official act under bribery statutes.

Not exact matches

The first trial involving a charge under the Canadian Corruption of Foreign Public Officials Act was concluded this past summer, and resulted in a conviction.

The class action, filed in United States District Court, Southern District of New York, and docketed under 18 - cv - 02213, is on behalf of a class consisting of investors who purchased or otherwise acquired BRF American Depositary Receipts («ADRs») between April 4, 2013 and March 2, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by Defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 (the «Exchange Act») and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

The class action, filed in United States District Court, for the District of Illinois, Eastern Division, is on behalf of a class consisting of investors who purchased or otherwise acquired Akorn's securities between March 1, 2017 through February 26, 2018, both dates inclusive (the «Class Period»), seeking to recover damages caused by defendants» violations of the federal securities laws and to pursue remedies under Sections 10 (b) and 20 (a) of the Securities Exchange Act of 1934 and Rule 10b - 5 promulgated thereunder, against the Company and certain of its top officials.

Healthcare Information and Management Systems Society (HIMSS) officials tell Healthcare IT News that, while we can expect to see some major changes to health policy under President Trump (including rollbacks to the Affordable Care Act, aka Obamacare), health IT will continue to get «plenty of airtime in Congress» and could even become an important jobs priority for the incoming president.

A China - based business source with knowledge of discussion among senior European officials said there had been a «clear effort» by the U.S. government over the past six months to introduce a coordinated approach to Chinese industrial policy, but that Trump's proposed metals tariffs under section 232 of the Trade Expansion Act of 1962 had undermined support from Europe.

The White House's National Economic Council will be performing «industry outreach» regarding the Department of Labor's redraft of its rule to amend the definition of fiduciary under the Employee Retirement Income Security Act, according to an industry official.

The documents — dating from 2006 to 2010 and obtained by The Canadian Press under the Access to Information Act — show officials getting increasingly exasperated with the Afghan government's lack of interest in investigating the crime.

Documents obtained under the Access to Information Act show that Canadian government officials scrambled to respond.

This issue has been under review by officials of the Treasury Board Secretariat for a number of years, but the Treasury Board has failed to act on the recommendation of the Auditor General.

Contributing to more potential controversy, a lawyer representing Mr. Xiao recently informed Wildrose Official Opposition leader Danielle Smith and Innisfail - Sylvan Lake Wildrose MLA Kerry Towle that he planned to issue notices under Alberta's Defamation Act.

We place upon our coins «In God we trust,» and by an official act of Congress the words «under God» have been placed in the salute to the American flag.

Prohibition was made official by the Eighteenth Amendment to the Constitution, 1919, and was to be enforced under the Volstead Act.

(2) Makes a false statement under the Act to the Secretary, a State organic program's governing State official, or a certifying agent shall be subject to the provisions of section 1001 of title 18, United States Code.

Documents released under the Official Information Act show the Ministry for Primary Industries (MPI) went to some lengths to ensure the Chinese Government did not feel insulted by the way it made its January public announcement of the finding.

But that may change: The Babies and Breastfeeding Equipment Screening Act has been introduced — and under this, TSA officials will be told they must allow moms to fly with their breast milk.

As MP for a Liverpool constituency, he has been investigated under the official secrets act over his admission that he had passed on secret details of George Bush's alleged threat to bomb the al - Jazeera TV station.

The invincible forces are a security group made up of ex-military and police officials, working under the umbrella of the New Patriotic Party and have been identified as the force behind recent acts of thuggery carried out on persons and institutions that are associated with the past NDC administration.

Any electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) may, on payment of the prescribed fee, and in accordance with regulations made under this Act, obtain from the Electoral Commission a computer - compiled list or electronic storage medium containing specified information, for the purpose of conducting an election for any body, where the Electoral Commission is satisfied that --

If an electoral official of a local authority (as defined in section 5 of the Local Electoral Act 2001) wishes to obtain, for the purposes of compiling a roll of electors for the local authority and for no other purpose, any specified information, the Electoral Commission may, in accordance with regulations made under this Act, give that electoral official, on payment of the prescribed fee, a computer - compiled list or electronic storage medium containing that information.

At Silver's trial jurors were told they could convict based on «any action under color of official authority» by Silver, but the 2d Circuit said the Supreme Court ruling required a «formal exercise of government power,» rather than lesser acts like just making a phone call or having a meeting.

«That you, AVM Olutayo Tade Oguntoyinbo whilst serving as Chief of Training and Operations, Nigerian Air force and the CEO / Managing Director as well as the sole signatory to the account of Spaceweb Integrated Services Limited with Wema Bank, on or about the 11th July, 2014 at Abuja within the jurisdiction of this Honourable Court did accept a gift in the sum of One hundred and Sixty Six Million Naira (N166, 000,000) from Societe D' Equipments Internationaux Nigeria Limited, a contractor with the Nigerian Air force in performance of your official act and you thereby committed an offence contrary to Section17 (a) of the Independent Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 17 (c) of the same Act&raquact and you thereby committed an offence contrary to Section17 (a) of the Independent Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 17 (c) of the same Act&raquAct, 2000 and punishable under Section 17 (c) of the same Act&raquAct».

A Trump administration official said the administration wanted to stabilize health insurance markets, but refused to say if the government would promote enrollment this fall under the Affordable Care Act or pay for the activities of counselors who help people sign up for coverage.

The Parliamentary Under - Secretary of State, Ministry of Justice (Lord Bach): Ministers have received two letters and one Parliamentary Question from the noble Lord, Lord Carlile of Berriew, answered by my noble friend Lord Hunt of Kings Heath on 29 September 2008 (Official Report, col. WA416) specifically about the presence of Law Lords in the House of Lords since the passing of the Constitutional Reform Act 2005.»

The ministry official, who is the Director of Public Relations and Protocol, Dama NPD, said the N13million loan request made to the Acting Director General of the National Broadcasting Commission (NBC) was to enable the Minister lead a delegation of other five officials of the ministry to cover the ticket, hotels and other logistics to attend the United Nations World Tourism Organisation conference in conjunction with the Government of the People's Republic of China, under the overall theme «Tourism for Peace and Development.»

The challenges come as the fair and Onondaga County officials are under pressure to create a smooth transition from hosting major acts during the annual fair at the Grandstand to a new amphitheater on Onondaga Lake.

The charge against him read in part, «That you, Robert Obuoha, on or about the 12th day of February, 2016 in Port Harcourt at the Port Harcourt Judicial Division did corruptly give N150, 000 only to Mr. Ishaq Salihu, a public officer and Zonal Head of Operations, Economic and Financial Crimes Commission, South - South Zone, for the purpose of recharge cards and with a view to influencing his decision in a case wherein you are being investigated and thereby committed an offence, official corruption, contrary to Section 13 (1)(a) of the Corrupt Practices and Other Related Offences Act, 2003 and punishable under section 13 (1) of the same Act.»

«Under the circumstances, Mr. Kelly can not reasonably be expected to prepare for trial on a gratuity charge without identification of the specific official acts that he allegedly «rewarded» or the thing (s) of value that functioned as the reward.»

«If the issue was really a serious matter of national security, why were the arrests not carried out under the Official Secrets Act?

Sulaiman on his part, was accused of bribing a government official when he paid N5 million through a Guarantee Trust Bank account to Alanamu, as a reward for the award of contract to his company, thereby committing an offence contrary to Section 9 (1)(a) and punishable under Section 9 (1)(b) of the Corrupt Practices and Other Related Offences Act, 2000.

Sulaiman, on his part, was accused of bribing a government official when he paid N5m to Alanamu as a reward for the award of contract to his company, thereby committing an offence contrary to Section 9 (1)(a) and punishable under Section 9 (1)(b) of the Corrupt Practices and Other Related Offences Act, 2000.

City officials have rejected a Kingston Times Freedom of Information Act request seeking financial disclosure forms which, under the terms

Jacqui Smith: The right hon. Gentleman is right that there have been circumstances under which issues of national security have resulted in the use of the Official Secrets Act.

«If you are acting outside your sphere of official capacity but pressuring somebody, that has to be illegal, and can be, under McDonnell.»

«The official acts necessary to sustain a charge of extortion or bribery include any act taken under color of official authority,» Wood wrote in her decision, describing how Skelos allegedly set up meetings and exerted pressure to benefit his son.

At least not after the guidance the Supreme Court had handed down in the McDonnell case, which found the justices grappling with what counts as an «official act» under federal anti-bribery statute.

Citing the resolution, he said the company failed to demonstrate to town officials that it was applying for the necessary permits from the New York State Thruway Authority, or the New York State Department of Transportation, adding that it also failed to show that it was complying with regulations under the New York State Environmental Quality Review Act.

In the past, courts typically defined official act to encompass anything done in the course of official duty or under the color of the office.

Federal prosecutors, whom U.S. District Judge Valerie Caproni ultimately agreed with, said an official act includes «any action taken or to be taken under color of official authority.»

Indeed, the court said the definition of «official act» that jurors received at the Silver trial was way too broad, since it encompassed «any action taken or to be taken under color of official authority.»

We write in our capacity as citizens of the Republic of Ghana invoking the powers of this Commission under Article 218 (a) of the 1992 Constitution of Ghana and section 7 (1)(i) of the CHRAJ Act 1993 (Act 456), as amended, which states «to investigate complaints of violations of fundamental rights and freedoms, injustice, corruption, abuse of power and unfair treatment of any person by a public officer in the exercise of his official duties», to investigate a case of professional misconduct bothering on official corruption and corruption - related activities involving ACP Mrs. Maame Yaa Tiwaa Addo Danquah, the current acting Director - General of the Criminal Investigations Department (CID) of the Ghana Police Service.

Mr Swire has obtained information under the Freedom of Information Act showing that Mr Prescott visited the Sydney Star City Casino in Australia on «official business».

Britons Sandy Mitchell, Les Walker, Ron Jones and Canadian Bill Sampson are prevented from taking action under the state immunity act 1978, which protects governments and their officials from prosecution.

Bill Hammond says DFS officials «seem to be in denial about their role in the demise of Health Republic, the largest non-profit health insurance cooperative set up three years ago under President Obama's Affordable Care Act.»

An author and one - time elected official under New York Gov. George Pataki, McCaughey has made her name largely with blistering attacks on health care reform efforts offered by Democrat Hillary Clinton in the 1990s and then eventually passed into law as the Affordable Care Act or Obamacare.

Under the Conservatives, senior Whitehall officials would be judged on their financial performance, and all senior civil servants would have a fiduciary responsibility to act in the interest of the taxpayer.

The local elected officials are hoping the President will declare the increased lake levels a major disaster under the federal Stafford Act, which would make federal emergency funding available.

Not only that, on April 20, 2016, the EFCC under current Acting Chairman Ibrahim Magu further cleared CCT boss through an official letter with reference number EFCC / P / NHRU / 688 / V.30 / 99 which stated inter alia, «We would like to reiterate the Commission's position in regard to this matter as earlier communicated to you and state that the allegations levelled against Justice Umar were mere suspicion and consequently insufficient to successfully prosecute the offence».