Confidential Clients

In rare cases, a filer may rely on an exception to the reporting requirements for clients if the filer is able to demonstrate persuasively that a client is a “confidential client.” It is rare for a filer to rely on this exception, and it is extremely rare for a filer to rely on this exception for more than a few clients.

In those uncommon circumstances in which the exception applies, you do not need to report the identity of a client if the client’s identity is protected by a court order or is under seal. In limited circumstances, the exception may also apply if the client is considered confidential because: 

1.  the client is the subject of a pending grand jury proceeding or other non-public investigation in which there are no public filings, statements, appearances, or reports that identify him or her;

2.  disclosure is prohibited by a rule of professional conduct that can be enforced by a professional licensing body; or

3.  a privileged relationship was established by a written confidentiality agreement, entered into at the time that your services were retained, that expressly prohibits disclosure of the client's identity.

A client will not be deemed confidential merely based on the filer’s belief that the client would prefer not to be disclosed or based on the fame or social standing of the client.

Additional information concerning the treatment of confidential clients is available in an OGE memorandum entitled “Scope of Public Financial Disclosure Reporting Exception for Compensation from an Individual with Whom the Filer is in a Privileged Relationship,” DO-06-011, dated April 7, 2006. 

 

This guide is not intended to provide investment advice, and you should not rely on statements in this guide when making investment decisions.

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