Monetary Penalties Research Articles

250 Civil Monetary Penalties Related to Violations of the Emergency Medical Treatment and Labor Act Involving Patients Arriving or Departing With Law Enforcement

250 Civil Monetary Penalties Related to Violations of the Emergency Medical Treatment and Labor Act Involving Patients Arriving or Departing With Law Enforcement

123 Civil Monetary Penalties Related to Violations of the Emergency Medical Treatment and Labor Act Involving Psychiatric Emergencies: A 5-Year Update

123 Civil Monetary Penalties Related to Violations of the Emergency Medical Treatment and Labor Act Involving Psychiatric Emergencies: A 5-Year Update

The monetary penalty for violating Art. 18(4–-5b) of the Broadcasting Act - an administrative-legal instrument for protecting the safety of children as media recipients?

The monetary penalty for violating Art. 18(4–-5b) of the Broadcasting Act - an administrative-legal instrument for protecting the safety of children as media recipients?

Investigating the Implementation of the Rules of Islamic Criminal Law in Afghanistan

The rules of Islamic Criminal Law, as the most obvious and complete ruling rules in Afghanistan, play an important role in ensuring real justice, continuity and order of society. Since criminal behaviour is a violation of Allah’s authority and justice, it requires that it be recognized first, the perpetrators identified, and then the perpetrators be punished. In the rules of Islamic Criminal Law, taking into account the verses of the Quran and the Prophetic tradition, various types of punishments, including monetary penalties, have been considered for all types of crimes. This article examines the rules of Islamic Criminal Law and how it is implemented. In the same way, it is reasonable to punish the offenders and violators of Islamic rules in a society. But the main goal of this article is to apply punishment based on Islamic Criminal Law in Afghanistan to ensure better justice. The findings of the research also show that the rules of Islamic Criminal Law in the country are applied to the perpetrators of various crimes (from hudud, qisas, and dowry to punishment). To prepare and research this subject, the library research method was used, in the data collection section, the descriptive-analytical research method was used.

Fraud in genetic testing: Swindling the system

PurposeHealth care fraud comprises a sizable portion of US health care expenditure and inflicts undue burden on payers, patients, and the health care system overall. The genetic testing industry is rapidly growing, which propagates opportunities for health care fraud. Although federal organizations have highlighted it as an issue, there is limited research exploring genetic testing fraud. MethodsA retrospective review of federal websites, news articles, and a legal database resulted in 42 cases of fraud involving outpatient genetic testing published between February 2019 and December 2023. These cases were analyzed for themes via inductive conventional content analysis. ResultsThemes of fraudulent activity included submission of fraudulent claims, kickback or bribe payments, minimal or no contact with patients for whom testing was ordered for, inappropriate billing and documentation practices, and further actions to conceal fraud. Repercussions imposed on defendants included monetary penalty, imprisonment, business restrictions, and seizure of property. ConclusionHigh rates of medically inappropriate testing in fraud cases highlight the value of genetics experts in ordering or reviewing claims for genetic testing. Examining fraudulent activity in genetic testing can help providers identify and report fraud and provide awareness of optimal health care allocation in the genetic testing industry.

Secure multi-party computation with legally-enforceable fairness

Fairness is a security notion of secure computation and cannot always be achieved if an adversary corrupts a majority of parties in standard settings. Lindell (CT-RSA 2008) showed that imposing a monetary penalty on an adversary can circumvent the impossibility. He formalized such a security notion as “legally enforceable fairness" for the two-party setting based on the ideal trusted bank functionality and showed a protocol achieving the requirements. Based on the same framework, we introduce secure multi-party computation with legally enforceable fairness that is applicable for an arbitrary number of parties. Further, we propose two protocols that realize our introduced functionality. The first one achieves O(n) rounds and O(nα)\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$O(n \\alpha )$$\\end{document} fees, where n is the number of parties, and α\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$\\alpha $$\\end{document} is a parameter for the penalty amount. The fee refers to the balance amount in the bank required at the beginning of the protocol, which evaluates the difficulty of participating in the protocol in a financial sense. The second one achieves O(1) rounds and O(n2α)\\documentclass[12pt]{minimal} \\usepackage{amsmath} \\usepackage{wasysym} \\usepackage{amsfonts} \\usepackage{amssymb} \\usepackage{amsbsy} \\usepackage{mathrsfs} \\usepackage{upgreek} \\setlength{\\oddsidemargin}{-69pt} \\begin{document}$$O(n^2 \\alpha )$$\\end{document} fees.

Civil Monetary Penalties for EMTALA Violations Involving Minors, 2002-2023.

The Emergency Medical Treatment and Labor Act (EMTALA) is intended to prevent inadequate, delayed, or denied treatment of emergent conditions by emergency departments (EDs). EMTALA requirements pertain to patients of all ages presenting to dedicated EDs regardless of whether facilities have dedicated pediatric specialty services. This study aims to describe EMTALA-related civil monetary penalty (CMP) settlements involving minors. Descriptions of all EMTALA-related CMPs occurring between 2002 and 2023 were obtained from the Office of the Inspector General web site and reviewed for involvement of minors (<18 years of age) using keywords in settlement summaries. Characteristics of settlements involving minors were described and compared with settlements not involving minors. Of 260 EMTALA-related CMPs, 38 (14.6%) involved minors. Most involved failure to provide a medical screening exam (MSE) (86.8%) and/or stabilizing treatment (52.6%). Seven (18.4%) involved pregnant minors. Eleven (28.9%) involved ED staff directing a patient (or guardian) to another facility, typically by private vehicle, and another involved 2 patients referred to on-campus outpatient clinics without an MSE. One in 7 CMPs related to EMTALA violations involved minors, and 1 in 5 of these minors was pregnant. One-third of CMPs involving minors included ED staff directing patients to proceed to another facility or on-campus clinic without MSE or stabilization. Findings suggest a need for providers to understand EMTALA-specific requirements for appropriate MSE, stabilization, and transfer, and for EDs at hospitals with limited pediatric services to implement policies for the evaluation of minors and protocols for transfer when indicated.

Hub-and-Spoke Network Design Considering Congestion and Flow-Based Cost Function

This paper presents a model for a “hub-and-spoke network design considering congestion and flow-based cost function”. The number of hubs and spokes is unknown, and the objective is to minimize the cost (including the transportation cost, lost demand, and facility setup cost). In the post-pandemic era, it is expected to have government-imposed restrictions on the congestion of airports, as a measure of health and safety. Unlike the current literature which considers a monetary penalty for congestion, we consider congestion as an externally imposed factor, which should be modeled as a constraint. We take a gravity-based modeling approach to obtain the desirability of a facility and calculate the demand matrix of the network. To solve the model, a Benders decomposition approach is proposed. Without the Benders decomposition approach, only instances with up to ten nodes were solved within a reasonable time, but with the Benders decomposition approach, instances with up to forty nodes were solved. A heuristic algorithm is developed to have a mechanism for dealing with larger instances. A set of experiments are conducted using data from the Turkish Network dataset to study various aspects of the proposed formulation and different parameters’ effects on the performance of the model.

Audit and Remediation Strategies in the Presence of Evasion Capabilities

When companies or organizations can evade audits on their harmful incidents, how should the affected entities design their audit and penalty policies? In “Audit and Remediation Strategies in the Presence of Evasion Capabilities” by Wang, de Véricourt, and Sun, the authors find random audits may be needed in the optimal policy. Specifically, the optimal policy alternates between ascending monetary penalties (without any audits) and random audits at a constant rate (when the penalty reach its maximum level). Only when the evasion is ineffective or the self-correction is too costly do deterministic audits become optimal. They tackle the problem in a continuous-time principal-agent framework with both adverse selection and moral hazard.

Market supervisor monetary penalties for non‐compliance with informational requirements: Do investors care?

AbstractThis study measures and differentiates investors' responses to market supervisors' monetary penalties for non‐compliance with informational requirements for the capital market in Poland, broken down by the type of distorted information and the form of a breach. An event study was conducted to measure the information content of monetary penalties. We used a market model and tested the significance of abnormal daily returns using both parametric and non‐parametric tests. Cross‐sectional analyses were conducted to measure the determinants of market reactions. We employed two novel classifications of non‐compliance: by the type of distorted information (financial reporting information and other information) and by the form of a breach (failing to provide information and providing erroneous information). We contribute to the literature by finding that investors react negatively to monetary penalties imposed on companies for non‐compliance with financial reporting information requirements, whereas they do not react to such penalties for non‐compliance with other information requirements. We incorporate original variables that explain the magnitude of the market reaction and find that (i) the longer the distance between the breach and penalty imposition, the weaker the market reaction, and (ii) the greater the monetary penalty, the stronger the market reaction. We also find that both forms of breach lead to similar negative market reactions.

Audit Committee Remedial Actions and Regulatory Outcomes following FCPA Investigations

SUMMARY This study examines audit committee (AC) remedial actions in firms investigated for a likely bribery-related violation of the Foreign Corrupt Practices Act (FCPA). Specifically, we study the relation between AC remedial actions and regulatory outcomes of an FCPA investigation. We consider three types of AC remedial actions: AC turnover, adding a newly elected director to the AC, and replacing the AC chair. These actions are not associated with the likelihood of a regulatory investigation concluding in an enforcement action. However, in firms that face enforcement actions, adding a newly elected director is associated with lower monetary penalties, a shorter resolution time, and a lower likelihood of an independent FCPA monitor being required. Additional analyses suggest that these results are driven by firms in which the newly elected director is appointed as the AC chair. Overall, this study adds to the literatures on regulatory cooperation and audit committees.

Criminalizing Impersonation via Social Media Platforms

Through the use of social media platforms, this study seeks to shed light on the legal definition of impersonation, its history, the rationale behind its criminalization, the strategy employed by the criminal justice system to address it, and how unique this offense is in comparison to other similar ones. To ascertain the extent and boundaries of criminalization under the new Jordanian Cybercrime Act, the researcher used a descriptive and analytical technique to present the criminal law text of impersonation and analyze its content. This research discovered that Jordanian Cybercrime Act No. 17 of 2023 was exceptional in that it rendered impersonation on social media platforms illegal. However, because the primary characteristic of this offense's structure is its technological nature, it has proven challenging to define the boundaries and content of the offense, as well as the fact that impersonation in its new form is distinct from fraud, invasion of privacy, overstepping privacy, and illegal access. The study concludes by recommending that the minimum and maximum limits of the monetary penalty be lowered. It also highlights the necessity for the Jordanian legislature to outlaw impersonation un

HyDesign: a tool for sizing optimization of grid-connected hybrid power plants including wind, solar photovoltaic, and lithium-ion batteries

Abstract. Hybrid renewable power plants consisting of collocated wind, solar photovoltaic (PV), and lithium-ion battery storage connected behind a single grid connection can provide additional value to the owners and society in comparison to individual technology plants, such as those that are only wind or only PV. The hybrid power plants considered in this article are connected to the grid and share electrical infrastructure costs across different generation and storing technologies. In this article, we propose a methodology for sizing hybrid power plants as a nested-optimization problem: with an outer sizing optimization and an internal operation optimization. The outer sizing optimization maximizes the net present values over capital expenditures and compares it with standard designs that minimize the levelized cost of energy. The sizing problem formulation includes turbine selection (in terms of rated power, specific power, and hub height), a wind plant wake loss surrogate, simplified wind and PV degradation models, battery degradation, and operation optimization of an internal energy management system. The problem of outer sizing optimization is solved using a new parallel “efficient global optimization” algorithm. This new algorithm is a surrogate-based optimization method that ensures a minimal number of model evaluations but ensures a global scope in the optimization. The methodology presented in this article is available in an open-source tool called HyDesign. The hybrid sizing algorithm is applied for a peak power plant use case at different locations in India where renewable energy auctions impose a monetary penalty when energy is not supplied at peak hours. We compare the hybrid power plant sizing results when using two different objective functions: the levelized cost of energy (LCoE) or the relative net present value with respect to the total capital expenditure costs (NPV/CH). Battery storage is installed only on NPV/CH-based designs, while the hybrid design, including wind, solar, and battery, only occurs on the site with good wind resources. Wind turbine selection on this site prioritizes cheaper turbines with a lower hub height and lower rated power. The number of batteries replaced changes at the different sites, ranging between two or three units over the lifetime. A significant oversizing of the generation in comparison to the grid connection occurs on all NPV/CH-based designs. As expected LCoE-based designs are a single technology with no batteries.

Effect of Monetary Penalty and Traffic Law Enforcement Agents on Drivers’ Behaviour in Ogun State, Nigeria

Fine or penalties are parts of measures in preventing accidents fatalities on Nigeria roads due to erratic driver behavior. This study thus examined the influence of monetary penalties on driver behavior in Lagos State. The study employed survey research design by purposively distributed four hundred (400) structure questionnaires to both private and commercial drivers. The results of the study showed that 76% of the respondents attested to the effectiveness of monetary penalty in changing driver behavior despite its 28% (R2= .276) statistical contribution. However, it was concluded that changing of driver attitude is not as effective when the focus is concentrated on monetary penalty only. Therefore, it was recommended that, implementation of alternative penalty measures, including fines, community service, driver’s license revocation or the utilization of combinations of two penalty options. Keywords: Penalty option, Fines, Traffic Law, Law enforcement agents

Proposal for Development of a Fragmented Mobile Substation for Treatment of Seasonal Loads

Currently existing mobile substations in the market are characterized by a unique set involving protection, switches, transformer and others. This set has considerable weight and size, making it difficult to trafficability and mobility, due to limitations imposed by DNIT, besides the size and characteristics of the road network in the state of Mato Grosso. This article discusses a concept of fragmented mobile substation modules. This new proposal will provide a faster service by avoiding monetary penalties by indicators of continuity, and diversity into emergency care, as well as in meeting seasonal peak demands of certain regions of the Mato Grosso due to the characteristics of industries that comprise the agribusiness. This article addresses some additional advantages in the use of vegetable oils as compared to mineral oil. The use of vegetable oil as well as presenting technical advantages reduces possible harm to the environment during the displacement of the mobile substation.

DAC8 and Extraterritoriality: How to Enforce Compliance for non-EU Operators

Directive on Administrative Cooperation (DAC8) extends its scope to non-EU operators to improve the effectiveness of the exchange of information on crypto-asset transactions. Nonetheless, it is still for the Member States to determine the nature and size of the penalties for non-compliance and address their extraterritorial enforcement. Starting from this assumption, the present article aims to explore what penalties the Member States can adopt against non-compliant operators based in third countries. Furthermore, this study focuses on the multilateral, bilateral, and unilateral instruments for the extraterritorial enforcement of such penalties. To this scope, the author conducts doctrinal research followed by a conceptual analysis of the existing literature as well as interdisciplinary research focusing on the effectiveness of DAC8 for decentralized crypto-assets. The conclusions underline that the Member States should introduce a combined set of monetary and non-monetary penalties, including internet content blocking and a ban on cryptoasset transactions with blacklisted non-EU operators assisted by a sanctions program. Besides, to ensure their extraterritorial enforcement, Member States should adopt a broader definition of tax claim within the Convention on Mutual Administrative Assistance in Tax Matters (CMAAT) and the OECD Model Tax Convention as well as appropriate dissuasive measures against noncooperative jurisdictions in the area of recovery assistance. Administrative cooperation, Tax transparency, Exchange of information, DAC8, Crypto-assets, Monetary penalties, Nonmonetary penalties, Internet content blocking, Extraterritorial enforcement, Non-EU operators

Short-term detention in Austria

One of the main concerns of the 1975 Austrian criminal law reform was to largely avoid the execution of short prison sentences. Due to their predominant disadvantages, they were to be replaced with fines wherever possible, and the execution of short custodial sentences was to be suspended as a subsidiary measure. Under Section 37 of the Austrian Criminal Code, a short custodial sentence for an offence that carries a maximum term of imprisonment of ten years is to be replaced by a monetary penalty if the court deems it justifiable for preventive reasons.

НАКАЗАНИЕ БЕЗ НАЗНАЧЕНИЯ И СКРЫТЫЕ ФОРМЫ НАКАЗАНИЯ В УГОЛОВНОМ ПРАВЕ РОССИИ

Criminal law gives the impression that punishment is an appointed measure, and besides, it is stated exhaustively. However, deeper analysis leads to the conclusion that punishment can be without appointment, and there are also hidden forms of punishment. Without the appointment of punishment, the unserved punishment is replaced by a more severe and lenient type of it. According to the level of deprivation or restriction of the rights and freedoms of a person, in essence, punishments are a judicial fine, monetary penalties, duties imposed on a probationer and a parolee, restriction of leisure and the establishment of special requirements for the behavior of a minor, his/her placement in a special educational institution of a closed type. The first two correspond to punishment in the form of a fine, the last one to imprisonment, the rest to restrictions of freedom. All this is not logical and requires elimination or transformation.

Corporate antitrust prosecutions: Prosecutorial decision making in the assessment of total monetary penalties

Corporate antitrust prosecutions: Prosecutorial decision making in the assessment of total monetary penalties

Decision-making style explains the withdrawal behavior of shy individuals: evidence from Chinese college students.

Few studies have examined the mechanisms linking motivated behavior and reward-punishment stimuli in shy individuals. This study was designed to probe these mechanisms by examining shy and non-shy college student responses to both monetary rewards and penalties in the Iowa Gambling Task (IGT). Specifically, out of the 280 undergraduates surveyed in East China, 45 participants (18 boys) identified as shy and 45 (19 boys) identified as non-shy based on their shyness questionnaire scores were selected to participate in the IGT. Results revealed that shy participants selected favorable low-risk seeking decks (deck C) more frequently and adverse high-risk seeking decks (deck B) less frequently and were more inclined to change deck selection after incurring a net loss. Furthermore, the net score of shy students was higher than that of nonshy students. Results demonstrated that shy people were the winners of IGT games, indicating that they are more likely to exhibit risk-averse behaviors when making decisions. The results are discussed from the perspective of the decision-making style and practical implications of shy individuals.