87x14: Applicability of 18 U.S.C. § 207 to a Former Agency Employee
OGE discusses the applicability of 18 U.S.C. § 207 to a former employee's proposed employment as the manger of the communications services facility of an agency contractor. Because more than two years had passed since the former employee's resignation from the agency, the only applicable provision was 18 U.S.C. § 207(a).
87x13: Acceptance of Food and Refreshments by Executive Branch Employees
This is an agency-wide memorandum from OGE concerning executive branch employees' acceptance of food and refreshments. The memorandum covers Executive Order 11222, applicable criminal statutes, other related statutes and the administrative standards of conduct.
87x12: Identifying Who Must File a Public Financial Disclosure Report
The Deputy Staff Director of a Commission, whose services were being donated by a private corporation and who remained an employee of that corporation, should file a public financial disclosure report. He was serving on a full-time basis as Deputy Staff Director and was supervised by the Staff Director, who was on the government payroll.
87x11: Application of an Agency's Gift Rule
OGE advised that a corporation's contribution to a university which the agency's employee had previously served as president to establish a President's Discretionary Fund in the employee's honor would not, in an of itself, be prohibited. OGE concluded the agency's gift rule as well as 18 U.S.C. § 209 would not apply.
87x10: Post-Employment Restrictions in 18 U.S.C. § 207
OGE discusses the four post employment restrictions found in 18 U.S.C. § 207 and when they apply to a former employee. Additionally, OGE discusses how to define the particular matter when dealing with a loan from an agency.
87x9: Reporting of Interests in Nonpublic Entities
OGE discusses the basic principle of reporting of interests in nonpublic entities on the SF 278, the public financial disclosure report. The advisory letter demonstrated this principle using examples, such as the private investment pool, the pension plan, and the limited partnership.
87x8: Service by Agency Attorney as Official of a Bar Association
OGE advised an agency's General Counsel on the conflict of interest issues associated with the agency's attorneys' membership in a particular bar association whose members were individuals who practiced before, or were employees of, the agency.
87x7: Triggering of Restrictions in 18 U.S.C. § 208(a)
18 U.S.C. § 208(a) does not take into account the motive or good faith of the employee. The restrictions of section 208(a) are triggered if: 1) at the time an employee participates in a matter, he realizes he is participating in the matter, and 2) he must have knowledge that a personal or derivative financial interest is involved in the matter.
87x6: Options Available to Presidential Appointees with Extensive Financial Holdings
There are options available to presidential appointees with extensive financial holdings, including a waiver under 18 U.S.C. § 208(b)(1) and a common trust fund of a bank, to ensure compliance with 18 U.S.C. § 208 should the individual dissolve the qualified blind trusts that were established in during the individual's current position in the Administration.
87x5: 18 U.S.C. § 207 Restrictions on Former U.S. Attorney's Representation of Individual
OGE advised an agency ethics official that 18 U.S.C. § 207(b)(i) would prohibit a former US Attorney for two years following government service from representing an individual in matters relating to a plea agreement and narcotics prosecution in an investigation in which his former office and various other federal districts were involved.
87x4: Application of 18 U.S.C. § 207 to a Former Employee
OGE discusses when 18 U.S.C. § 207 applies to prohibit an employee from engaging in representational activities before the Government on a contract worked on by the employee.
87x3: Application of 18 U.S.C. § 207 to a Former Senior Employee
OGE advised that the post employment restrictions of 18 U.S.C. § 207 do not prohibit representations on any matter made only to members of Congress or their staffs. OGE also discussed the application of 18 U.S.C. § 207 to a former employee attending a meeting, at his former agency's request, to discuss a matter on which he previously worked.
87x1: 18 U.S.C. § 207 Exemption from One-Year Cooling-Off Provision
OGE advised that the 18 U.S.C. § 207(d)(2)(B)(i) exemption from the one-year cooling-off period of 18 U.S.C. § 207(c) applied to a former Senior Employee of the agency serving as an employee of a non-profit interstate compact organization which served as the regional representative of 16 southern states and Puerto Rico in energy and environmental matters.
87x2: Agency Official's Acceptance of Reduced Rates from Professional Association
An official at an agency who was responsible for planning meetings could not use the substantially reduced rates and payment of expenses offered by members of a particular association to which he belonged, in conjunction with on-site inspections of meeting facilities. Acceptance of payment could violate 18 U.S.C. § 209.