Guam § 21118 - Prevention of Fraud and Program Abuse.

§ 21118. Prevention of Fraud and Program Abuse.

(a) To ensure the integrity of Summer Youth Employment Programs,

special efforts are necessary to prevent fraud and other program abuses.

Fraud includes deceitful practices and intentional misconduct, such as

willful misrepresentation in accounting for the use of program funds. Abuse

is a general term which encompasses improper conduct which may or may

not be fraudulent in nature. While any violation of this Chapter may

constitute fraud or program abuse, this Section identifies and addresses

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those specific program problems which were of most concern to the

Legislature during the authorization of programs herein.

(b) Conflict of Interest.

(1) No member of the Guam Council on Youth Affairs shall cast a

vote on any matter which has a direct bearing on the services to be

provided by that member or any organization which such member

directly represents or on any matter which would financially benefit

such member or any organization which such member represents.

(2) The administrative entity for programs under this Chapter

shall avoid organizational conflict of interest, and their personnel shall

avoid personal conflict of interest and the appearance of conflict of

interest in awarding financial assistance, and in the conduct of

procurement activities involving funds under this Chapter.

(c) Kickbacks. 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 subrecipient 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 summer youth employment program funds.

(3) No participant or trainee under this Chapter may, at any time,

engage in partisan or nonpartisan political activities in which such

participant or trainee represents himself/herself as a spokesperson of

the Summer Youth Employment Program.

(4) A participant or trainee under this Chapter may be employed

or outstationed in the immediate office of any local elected official

within the government of Guam.

(e) Theft or Embezzlement from Employment and Training Funds.

Whoever, being an officer, director, agent or employee of, or connected in

any capacity with, any agency receiving financial assistance under this

Chapter knowingly hires an ineligible individual or individuals; embezzles,

wilfully misapplies, steals, or obtains by fraud any of the moneys, funds,

assets, or property which are the subject of an appropriation or contract

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under this Chapter, shall be fined not more than Ten Thousand Dollars

($10,000) or imprisoned for not more than five (5) years, or both; but if the

amount so embezzled, misapplied, stolen, or obtained by fraud does not

exceed One Hundred Dollars ($100), such person shall be fined not more

than One Thousand Dollars ($1,000) or imprisoned not more than one (1)

year, or both.