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

Legal Advisories

The Legal Advisories page contains the DAEOgrams on substantive ethics issues published by OGE from 1992 to 2010, the Advisory Opinions published by OGE from 1979 to 2010, and the Legal Advisories, which OGE began publishing in 2011. On occasion, OGE will add notes to past guidance documents when that guidance is updated or superseded by law, regulation, or subsequent OGE guidance.

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80x10: Application of Pre-1979 Version of 18 U.S.C. § 207pdf
A former General Counsel of an agency, who had worked to develop plans to desegregate the higher education systems of several states, was barred by 18 U.S.C. § 207(a) from representing one of these states before his former agency with regard to the plans.


80x9: Application of 18 U.S.C. § 207 Restrictions to Former Employee and Utilization of Exemptionspdf
18 U.S.C. § 207(a) and (b)(i) may bar some representational activities of a former Director of an executive branch office on behalf of a non-profit organization.


80x8: Applicability of Post-Government Employment Restrictions of 18 U.S.C. § 207(c) to Representations of Former Administrative Law Judgepdf
Whether a former administrative law judge (ALJ) may represent claimants who seek benefits at hearings before ALJs of his former agency requires a case-by-case analysis. [Refers to form implementing regulation]


80x1(2): Post-Government Employment Statute and Former Government Contracts Attorneypdf
Supplemental opinion to 80x1(1). OGE discusses the type of work on contracts by a government attorney that triggers the restrictions of 18 U.S.C. § 207. (Cites former 5 C.F.R. Part 737)


80x7: Application of 1979 Amended Post-Government Employment Statutepdf
Restrictions of 1979 amendments to post-government employment statute apply to activities of employee who was re-employed as a special Government employee after the effective date of the amendments.


80x6: “Communication” under 18 U.S.C. § 207(c)pdf
Arguing to a judge or jury on behalf of a private plaintiff in a case against a Government department constitutes an oral communication to the department with the intent to influence. [Cites former 5 C.F.R. part 737]


80x5: Filing of Public Financial Disclosure Report by Presidential Candidatepdf
A Presidential candidate who withdraws his candidacy prior to May 15 of the successive reporting year is not required to file a public financial disclosure report.


80x4: Particular Matter Involving a Specific Party under Post-Government Employment Statutepdf
A former Government employee was barred from representing his new employer in connection with one phase of a Government project but not other phases of the project. [Cites prior version of 18 U.S.C. § 207]


80x3: Re-Employment by Agency of Former Officerpdf
The re-employment of a retired officer will not be viewed as a “shifting of position” under former 5 C.F.R. part 737.25(i).


80x2: Specific Parties under 18 U.S.C. § 207(a) and (b)(i)pdf
Unless the potential offeror was identified as a party or one of a number of potential parties to the particular matter in question at the time two former employees worked on the matter, the bar in 18 U.S.C. § 207(a) and 207(b)(i) would not attach.


80x1(1): Post-Government Employment Statute and Former Government Contracts Attorneypdf
18 U.S.C. § 207 bars a former Government attorney from representing the other parties to government contracts that he reviewed for purposes of making amendments and for purposes of rendering legal advice.