Other Ethics Guidance, Conflict of Interest Prosecution Surveys, OLC Opinions and Court Cases
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Conflict of Interest
Prosecution Surveys
OLC
Opinions
Legal Summaries and Other Ethics Guidance Court
Cases
Proposed
Legislation
Conflict of Interest Prosecution Surveys (1990 - 2002)
1990 - 1991 1992 1993 1994 1995 1996 1997
1998 1999 2000 2001 2002 2003
Index to Conflict of Interest Prosecution Surveys by Statute
18 U.S.C. § 203 - Compensation for Matters Affecting the Government
18 U.S.C. § 205 - Claims against and Other Matters Affecting the Government
18 U.S.C. § 207 - Post-Employment Restrictions
18 U.S.C. § 208 - Official Actions Affecting Personal Financial Interests
18 U.S.C. § 209 - Dual Compensation for Official Duties
Legal Summaries and Other Ethics Guidance

Summary of the criminal statute at 18 U.S.C. § 209, (PDF) (HTML) which prohibits the supplementation of a Government employee's salary by outside sources. The Office of Government Ethics (OGE) is currently studying possible revisions of the statutes found in Chapter 11 of Title 18, and, in light of that review, has decided not to issue regulations addressing Section 209 at this time. However, much of the content of any such regulation would have been based on existing case law, Office of Legal Counsel opinions, and OGE Informal Advisory Opinions. This summary has been prepared based on that material, and is designed to assist in the interpretation and application of Section 209. See DAEOgram DO-02-016 (PDF) (HTML) dated July 1, 2002.

Summary of the criminal statute at 18 U.S.C. § 207 (PDF), as it applies to post-Government employment of executive branch employees. The summary was originally prepared in 1990, to provide preliminary interpretation of § 207 as amended by the Ethics Reform Act of 1989. Last issued in November 1992, this summary has now been edited and updated to reflect additional statutory changes. While it has been coordinated with the Department of Justice, the summary still reflects only a preliminary interpretation of 18 U.S.C. § 207, as revised by the Ethics Reform Act of 1989, pending completion of new regulatory guidance. The summary is intended to facilitate agency ethics officials with their counseling and advice to departing employees, especially during the upcoming Presidential transition. See DAEOgram DO-04-023 (TXT) dated July 29, 2004.

Conflict of Interest and the Special Government Employee: A Summary of Ethical Requirements Applicable to SGEs (PDF).This document provides a comprehensive digest of the conflict of interest laws and ethics regulations as they apply to SGEs. In addition to a discussion of substantive statutory and regulatory requirements, the document also contains a discussion of the definition of SGE and the criteria for distinguishing SGEs from both non-employees and regular Government employees. See DAEOgram DO-00-003 (TXT) dated February 15, 2000.

OLC Opinions

Office of Legal Counsel Memorandum dated June 22, 2004 (PDF - TXT), concerning the application of 18 U.S.C. § 207(f) to a former senior employee. See DAEOgram DO-04-031 dated October 5, 2004 (PDF - HTML - TXT).

Office of Legal Counsel Memorandum dated May 8, 2002 (PDF - TXT), concerning the application of conflict-of-interest rules to appointees who have not begun service. See DAEOgram DO-02-014 dated June 3, 2002 (PDF - HTML - TXT).

Office of Legal Counsel Memorandum dated November 2, 2001 (PDF - TXT), concerning the application of 18 U.S.C. § 208 to individuals serving as trustees of a private trust. See DAEOgram DO-01-029 dated December 19, 2001 (PDF - HTML - TXT).

Office of Legal Counsel Memorandum dated March 1, 2001 (PDF), regarding whether Section 501(c) of Ethics in Government Act remains in effect after invalidation of Section 501(b). See DAEOgram DO-01-011 dated March 15, 2001 (PDF - HTML - TXT).

Office of Legal Counsel Memorandum dated January 19, 2001 (PDF), regarding communications under 18 U.S.C. § 207. See DAEOgram DO-01-011 dated March 15, 2001 (PDF - HTML - TXT).

Office of Legal Counsel Memorandum dated November 6, 2000 (PDF), regarding the application of the exemption contained in 18 U.S.C. § 207(j)(7) to the activities of certain former executive branch employees who serve on a Presidential Transition team. See DAEOgram DO-00-044 dated November 17, 2001 (PDF - TXT).

Office of Legal Counsel Memorandum dated November 3, 2000 (PDF), regarding the applicability of 18 U.S.C. § 207(d) to certain agency employees compensated at a rate of pay exceeding that for level I of the Executive Schedule (EL-I). See DAEOgram DO-00-044 dated November 17, 2001 (PDF - TXT).

Office of Legal Counsel Memorandum dated September 7, 2000 (PDF - TXT), concerning the application of 18 U.S.C. § 209 to Employee-Inventors Who Receive Outside Royalty Payments. See DAEOgram DO-00-032 dated September 7, 2000 (PDF - TXT).

Court Cases

O'Neill v. Department of Housing and Urban Development, 220 F.3d 1354 (2000) (PDF - TXT) - Decision by the U.S. Court of Appeals for the Federal Circuit that interprets 18 U.S.C. § 205. Decided August 8, 2000. See DAEOgram DO-00-034 dated September 18, 2000 (PDF - TXT).

Proposed Legislation

Proposed Draft Legislation to Amend Public Financial Disclosure Process (PDF) - The proposed legislation would amend the Ethics in Government Act of 1978 (5 U.S.C. App.) to modernize the financial disclosure requirements applicable to senior officials of all three branches of the Federal Government.