United States Office of Government Ethics, Preventing Conflicts of Interest in the Executive Branch

All Advisories for 2000

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12/28/2000

(Legal) DO-00-048: Presidential Transition (George W. Bush)pdf
This memorandum provides guidance on issues concerning the activities of members of the President-elect's Transition Team. OGE also describes how nominee financial disclosure forms will be processed during the transition.

11/28/2000

(Legal) DO-00-045: Increased Gifts and Travel Reimbursements Reporting Thresholdspdf
OGE issues final rule amendments that revise the financial disclosure regulations to reflect the statutory increase of the thresholds for reporting of gifts, reimbursements and travel expenses. OGE also increases the widely attended gathering gift exception ceiling for nonsponsor gifts of free attendance.

11/17/2000

(Legal) 00x13: Certificates of Divestiture and Judges on the U.S. Court of Appeals for the Armed Forcespdf
A judge of the United States Court of Appeals for the Armed Forces (CAAF) would not qualify as an “eligible person” for a Certificate of Divestiture, pursuant to 26 U.S.C. § 1043(b)(1)(A). CAAF judges are not executive branch employees.

11/17/2000

(Legal) DO-00-044: Recent Office of Legal Counsel (OLC) Opinions Concerning 18 U.S.C. § 207pdf
The Office of Legal Counsel (OLC) issue two opinions, one concerning the scope of the exemption at 18 U.S.C. § 207(j)(7) and the other addressing the scope of 18 U.S.C. § 207(d).

10/05/2000

(Legal) 00x12: Interpreting the Limitations Included in the Exemption at 18 U.S.C. § 208(b)(4)pdf
OGE concluded that the limitation in the final clause of the exclusion to 18 U.S.C. § 208 contained in 18 U.S.C. § 208(b)(4) involving financial interests by birthright, covers only certain particular matters that involve specific parties.

10/04/2000

(Legal) 00x11: Employees Assisting Taxpayers and 18 U.S.C. § 205pdf
OGE determined that, although an employee would violate 18 U.S.C. § 205 if he represented taxpayers before the Internal Revenue Service, 18 U.S.C. § 205 does not prohibit an employee from assisting another in preparing their income tax returns.

09/18/2000

(Legal) 00x10: Recent Court Case Interpreting 18 U.S.C. § 205pdf
In O'Neill v. Department of Housing and Urban Development, 220 F.3d 1354 (2000), the court of appeals determined that an employee does not act as "agent" for another person, under 18 U.S.C. § 205, unless the employee has actual or apparent authority to act on behalf of that person in dealings with the Government.

09/18/2000

(Legal) DO-00-034: Recent Court Case Interpreting 18 U.S.C. § 205pdf
In O'Neill v. Department of Housing and Urban Development, 220 F.3d 1354 (2000), the court of appeals determined that an employee does not act as "agent" for another person, under 18 U.S.C. § 205, unless the employee has actual or apparent authority to act on behalf of that person in dealings with the Government.

09/08/2000

(Legal) DO-00-033: Proposed Amendments to 5 C.F.R. Part 2640pdf
OGE issues a proposed rule amending 5 C.F.R. part 2640 by revising some existing exemptions and adding new exemptions.

09/07/2000

(Legal) 00x9: Office of Legal Counsel Memorandum Concerning Application of 18 U.S.C. § 209 to Receipt of Outside Royalty Payments by Employee-Inventorspdf
OLC concluded that 18 U.S.C. § 209 ordinarily does not preclude outside royalty payments to employee-inventors who privately commercialize inventions for which the Government has permitted them to obtain patent rights.

09/07/2000

(Legal) DO-00-031: Publication of Interim Rule Amending 5 C.F.R. § 2635.807(a)pdf
OGE publishes an interim rule amending 5 C.F.R. § 2635.807(a), the prohibition on employee receipt of compensation for outside teaching, speaking, and writing.

09/07/2000

(Legal) DO-00-032: Office of Legal Counsel Memorandum Concerning Application of 18 U.S.C. § 209 to Receipt of Outside Royalty Payments by Employee-Inventorspdf
OLC concluded that 18 U.S.C. § 209 ordinarily does not preclude outside royalty payments to employee-inventors who privately commercialize inventions for which the Government has permitted them to obtain patent rights.

08/25/2000

(Legal) DO-00-030: Diversified and Sector Mutual Fundspdf
OGE provides guidance on the distinction between diversified and sector mutual funds for purposes of certain regulatory exemptions, codified in 5 C.F.R. part 2640. [The guidance in this advisory regarding real estate funds was updated in 2015 by Legal Advisory LA-15-09.]

08/25/2000

(Legal) 00x8: Diversified and Sector Mutual Fundspdf
OGE provides guidance on the distinction between diversified and sector mutual funds for purposes of certain regulatory exemptions, codified in 5 C.F.R. part 2640. [The guidance in this advisory regarding real estate funds was updated in 2015 by Legal Advisory LA-15-09.]

08/22/2000

(Legal) 00x7: Extent to Which Ethics Laws and Regulations Apply to Federal Government-Private Sector Exchange Programspdf
The extent to which ethics laws and regulations apply to public-private exchange participants often depends on whether those persons are considered "employees" of the Federal Government.

08/14/2000

(Legal) DO-00-029: 1999 Conflict of Interest Prosecution Surveypdf
1999 Conflict of Interest Prosecution Survey

07/18/2000

(Legal) 00x6: Application of the Gift Exclusion for Rewards and Prizes at 5 C.F.R. § 2635.203(b)(5)pdf
OGE decided that an employee could have accepted a prize he won while attending a trade show on official assignment. The trade show was open to the general public and so was the contest. A test of knowledge as a condition of selecting finalists did not operate as a constraint on who could participate.

07/17/2000

(Legal) DO-00-026: New Edition of the SF 278 Report Formpdf
OGE issues the March 2000 edition of the SF 278.

05/18/2000

(Legal) 00x5: Can OGE Exempt District of Columbia Employees From Criminal Conflict of Interest Laws?pdf
OGE is not aware of any statutory authority allowing it to categorically exempt the District of Columbia or its employees from the Federal conflict of interest laws contained in Chapter 11, Title 18 of the United States Code.

04/11/2000

(Legal) 00x4: Conflict of Interest and Appearance Concerns Raised by Spouse's Employmentpdf
An employee is not necessarily precluded from acting in matters before an oversight group because his spouse receives a salary for service as the Executive Director of local nonprofit organizations having interests in matters before the group. Whether participation is permissible or appropriate will require an analysis of the facts in each situation.

04/07/2000

(Legal) 00x3: Exemption at 18 U.S.C. § 208(b)(4) for Financial Interests in a Birthrightpdf
OGE decided that the exemption at 18 U.S.C. § 208(b)(4) is limited to circumstances where the employee holds a financial interest by birthright, and even then, the exemption could not operate to exempt imputed financial interests of an organization for which the employee serves as a director.

03/30/2000

(Legal) DO-00-015: Van Ee v. Environmental Protection Agencypdf
In Van Ee v. Environmental Protection Agency, the D.C. Circuit concluded that 18 U.S.C. § 205(a)(2) does not prohibit the communications which the plaintiff in the case, a career employee, proposed to make.

03/21/2000

(Legal) 00x2: Maintenance of an Effective Agency Ethics Programpdf
OGE letter to an agency clarifying, 1) an agencies' responsibility to furnish OGE with all information necessary for OGE to perform its duties, 2) OGE's authority for interpreting its own regulations, and 3) an agencies' responsibility to report information concerning criminal violations.

02/22/2000

(Legal) DO-00-007: Use of Brokerage Statements in Lieu of Entries on the SF 278pdf
Brokerage statements, as well as bank statements, personal spreadsheets, and any other financial materials, are acceptable as attachments in lieu of direct entries on an SF 278 only if they meet the statutory and regulatory reporting requirements.

02/17/2000

(Legal) DO-00-006: OGE Reissues Summary of Criminal Statute at 18 U.S.C. § 207pdf
OGE reissues a summary of 18 U.S.C. § 207. This edition incorporates three changes that were necessary to reflect statutory amendments in 1995 and 1996. [Note: Executive Order 12834, referenced in this DAEOgram, has been revoked.]

02/15/2000

(Legal) DO-00-003: Summary of Ethical Requirements Applicable to Special Government Employeespdf
OGE issues a summary of the ethics requirements that are applicable to special Government employees. [Note: Executive Order 12834, referenced in this DAEOgram, has been revoked.]

02/15/2000

(Legal) 00x1: Summary of Ethical Requirements Applicable to Special Government Employeespdf
OGE issues a summary of the ethics requirements that are applicable to special Government employees. [Note: Executive Order 12834, referenced in this Informal Advisory Memorandum, has been revoked.]