16.2—Definitions.
ALJ means an Administrative Law
Judge in the authority appointed pursuant to 5
U.S.C. 3105 or detailed to the authority pursuant
to 5 U.S.C. 3344.
Authority means the Department of
the Treasury.
Authority head means the Assistant
Secretary of the Treasury for Management.
Benefit, when used in the context of
false statements made with respect to a benefit, means anything of value
including but not limited to any advantage,
preference, privilege, license, permit, favorable
decision, ruling, status, or loan guarantee. This
definition should be distinguished from the
limitations on coverage of these regulations with
respect to beneficiaries of specific benefit
programs which are found in § 16.3(c) of this
part.
Claim means any request, demand, or
submission—
(a)
Made to the authority for property,
services, or money (including money representing
grants, loans, insurance, or benefits);
(b)
Made to a recipient of property, services,
or money from the authority or to a party to a
contract with the authority—
(2)
For the payment of money (including money
representing grants, loans, insurance, or
benefits) if the United States—
(ii)
Will reimburse such recipient or party for
any portion of the money paid on such request or
demand; or
(c)
Made to the authority which has the effect
of decreasing an obligation to pay or account for
property, services, or money, except that such
term does not include any claim made in any return
of tax imposed by the Internal Revenue Code of
1954.
Complaint means the administrative
complaint served by the reviewing official on the
defendant under § 16.7 of this part.
Defendant means any person alleged
in a complaint under § 16.7 to be liable for a
civil penalty or assessment under § 16.3.
Department means the Department of
the Treasury.
Government means the United States
Government.
Individual means a natural
person.
Initial decision means the written
decision of the ALJ required by § 16.10 or §
16.37, and includes a revised initial decision
issued following a remand or a motion for
reconsideration.
Investigating official means the
Inspector General of the Department of the
Treasury.
Knows or has reason to know, means
that a person, with respect to a claim or
statement—
Makes, wherever it appears, shall
include the terms “presents,” “submits,” and
“causes to be made, presented,” or “submitted.” As
the context requires, making or made, shall likewise include the
corresponding forms of such terms.
Person means any individual,
partnership, corporation, association, private
organization, State, political subdivision of a
State, municipality, county, district, and Indian
tribe, and includes the plural of that term.
Presiding officer means an
administrative law judge appointed in the
authority pursuant to 5 U.S.C. 3105 or detailed to
the authority pursuant to section 3344 of such
title.
Representative means an attorney
designated in writing by a defendant to appear on
his or her behalf in administrative hearings
before the Department and to represent a defendant
in all other legal matters regarding a complaint
made pursuant to these regulations.
Reviewing official means the General
Counsel, or another individual in the Legal
Division of the Department designated by the
General Counsel, who is—
(a)
Serving in a position for which the rate of
basic pay is not less than the minimum rate of
basic pay for grade GS-16; and
(c)
Is not employed in the organization unit of
the authority in which the investigating official
is employed.
Statement means any representation,
certification, affirmation, document, record, or
accounting or bookkeeping entry made—
(a)
With respect to a claim or to obtain the
approval or payment of a claim (including relating
to eligibility to make a claim); or
(2)
A grant, loan, or benefit from, the
authority, or any State, political subdivision of
a State, or other party, if the United States
Government provides any portion of the money or
property under such contract or for such grant,
loan, or benefit, or if the government will
reimburse such State, political subdivision, or
party of any portion of the money or property
under such contract or for such grant, loan, or
benefit, except that such term does not include
any claim made in any return of tax imposed by the
Internal Revenue Code of 1954.