Ethics Handbook
| Author | George Kurian |
| Pages | 1130-1135 |
Page 1130
SOURCE U.S. Department of Justice, 2002.
INTRODUCTION The following handbook, intended inter alia for the guidance of FBI employees, brings together the substance of various directives, regulations, and laws that might be considered of occupational ethical significance. In May 2002 the U.S. Department of Justice Departmental Ethics Office issued the sixth edition.
You should avoid situations where your official actions affect or appear to affect your private interests, financial or non-financial.
You may not participate personally and substantially in a matter in which you, your spouse, minor child or general partner has a financial interest. This prohibition also applies if an organization in which you serve as an officer, director, trustee, or employee has a financial interest; or if a person or organization with which you are negotiating for future employment has a financial interest.
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Generally, you should seek advice before participating in any matter in which your impartiality could be questioned. You may not participate without authorization in a particular matter having specific parties that could affect the financial interests of members of your household or where one of the following is a party or represents a party: someone with whom you have or are seeking employment, or a business, contractual or other financial relationship; a member of your household or a relative with whom you have a close relationship; a present or prospective employer of a spouse, parent or child; or an organization which you now serve actively or have served, as an employee or in another capacity, within the past year.
Without written approval, you may not purchase or use property that has been forfeited to the Government and offered for sale by the Justice Department.
If you received a payment in excess of $10,000 from a former employer that was not pursuant to an employee benefit plan, you must disqualify yourself from matters affecting that former employer for two years unless you receive a waiver.
If you have a financial conflict of interest or believe your impartiality might be questioned, you must either disqualify yourself from taking action that could affect your interest, or see your Deputy DAEO about the following alternatives:
In the case of a financial interest, you may seek a waiver of the prohibition under 18 U.S.C. § 208(b), or divest yourself of the interest. Your component head may grant you a waiver if your financial interest is found to be not so substantial as to affect the integrity of your services to the Government. (If you are directed to divest an interest, you may be eligible to defer the tax consequences of divestiture).
5 CFR 2634.1001-.1004
In a case where your impartiality might be questioned, you may obtain a formal determination from your component head that the Department's interest in your participation outweighs the concern that the integrity of the Department's operations would be questioned.
When participating in a matter affecting your financial interests, you have an unlimited exemption for holdings in a diversified mutual fund and for certain employee benefit plans where the holdings may be affected by the matter. In addition, you have an exemption of $50,000 for aggregated interests in sector mutual funds that may be affected by a matter in which you participate. You also have an exemption for interests in publicly-traded securities not to exceed $15,000 in parties to a matter and $25,000 in non-parties affected by the matter. And, you have an exemption of $25,000 per asset when participating in a matter of general applicability, such as regulations and most legislation, with a combined limit of $50,000 in all entities affected by the general matter.
5 CFR 2640.201-.202
You may not appoint, employ, or promote a relative to a position in the Department, or advocate a relative for appointment, employment, promotion or advancement.
You may be required to file a financial disclosure report which will be used to identify potential or actual conflicts of interest. Check with your Deputy DAEO if you are uncertain of your filing status.
You should not engage in any outside employment or other outside activity that conflicts with your official duties. Employees are prohibited from engaging in outside employment that involves criminal matters, the paid practice of law or matters in which the Department is or represents a party. Only the Deputy Attorney General may waive these prohibitions.
You are required to obtain written approval for certain outside employment including the practice of law that is not otherwise prohibited or any outside employment involving a subject matter related to the responsibilities of your component.
You may not receive compensation for the representation of anyone before an agency or court of the Federal
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Government on a matter in which the U.S. is a party or has a substantial interest. This prohibition applies whether or not you render the representation yourself.
You also may not represent someone before an agency or court of the Federal Government, with or without compensation, on a matter in which the U.S. is a party or has a substantial interest.
There are exceptions to the above statutes for representing your immediate family, testifying under oath, representing another employee in personnel administration proceedings, and representing employee organizations in certain matters.
You may engage in fundraising in your personal capacity as long as you do not solicit your subordinates or persons having business with the Department. There is an exception for mass mailings that do not target the above persons. You may not engage in fundraising in your official capacity unless authorized by statute, executive order or regulation. There is an exception for giving an official speech at a fundraiser.
You may not serve as an expert witness in...
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