Government Ethics Lawyer
Attorney Specializing in U.S. Government Contracts
Solve Problems – Avoid More Mistakes
Government Ethics Lawyer for Former Government Employees and Officials and for Contractor Employees and Officials.
U.S. Government Ethics Lawyer. Former Government employees and officials and contractor employees and officials are subject to a number of Federal statutes (and their implementing regulations) governing their Post Government employment activities vis-a-vis subsequent employment by a U.S. Government contractor. The violation of any of these statutory provisons carries with it the real possibility of potential civil or criminal liability. Our goal is to AVOID or MITIGATE actual or potential CIVIL or CRIMINAL liability under the applicable statutes. We also seek to help you AVOID MORE MISTAKES and deal with the agency Office of Inspector General (OIG) or agency General Counsel and the in-house or external Government contractor corporate lawyers.
The legal matters discussed in this post do not “go away” so to speak in my experience if you do nothing; they only get worse. The Federal Government investigators are tenacious and are backed by the virtually unlimited personnel and financial resources of the U.S. Government.
Jeffrey Giancola, the Principal, is a cum laude graduate of Columbia University and received his law degree from the University of Virginia. He is a member of the State of Maryland Bar and has 30 years of experience in the Government procurement field. This Firm is a boutique (small) Government Contracts Law Firm and focuses EXCLUSIVELY on U.S. Federal Government contract matters.
CONTACT us here NOW: GOVERNMENT ETHICS LAWYER.
Post Government Employment Restrictions You Must Avoid:
Lifetime Representational Ban
Title 18 U.S.C. § 207(a)(1) places a permanent, lifetime ban on employees of the Federal Government, prohibiting them from representing others on particular matters involving specific parties in which they participated personally and substantially during their Federal service. The particular matter must be one in which (a) the Federal Government is a party or has a direct and substantial interest; (b) the person participated personally and substantially as an employee or officer of the Federal Government; and (c) there was a specific party involved at the time of such participation. The restriction remains for the lifetime of the particular matter. For example, when a contract is re-competed and awarded, the new contract is generally considered a new particular matter.
To participate “personally” means directly, and includes participation of a subordinate if actually directed by you in the matter. To participate “substantially” means that your involvement is either of significance to the matter or forms a basis for a reasonable appearance of such significance. It requires more than official responsibility, knowledge, perfunctory involvement, or involvement on an administrative or peripheral issue. A finding of substantiality may be based not only on the effort devoted to a matter, but on the importance of the effort. While a series of peripheral involvements may be insubstantial, the single act of approving may be substantial. In addition to approval, other acts may also be considered “substantial,” such as participation in a critical step. Additionally, you should be aware that former employees are generally barred from testifying as an expert witness on the same particular matter involving specific parties in which the former employee participated for the Government.1 This ban is applicable regardless of whether the former employee is compensated. Should you be asked to testify as an expert witness on behalf of any non-Federal entity, we recommend that you seek further ethics advice.
Two Year Representational Ban
Title 18 U.S.C. § 207(a)(2) places a two-year ban on attempting to influence employees of the Executive or Judicial Branch on behalf of another on particular matters involving specific parties that were pending under your official responsibility during your last year of Federal service. Your last year of service is the 12-month period immediately preceding your official separation date. The two-year ban begins to run when your Federal employment terminates and applies even if you did not personally or substantially participate in the matter. This ban applies to representing another party before the Executive or Judicial Branch, with the intent to influence. Behind-the-scenes or in-house assistance is legally permissible.
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It is HIGHLY RECOMMENDED that you seek the advice of a qualified Government Ethics Lawyer if you have been accused of – or THINK you will be accused of – violating either of the above two prohibitions. The above are Title 18 CRIMINAL statutes.
CONTACT us here now: GOVERNMENT ETHICS LAWYER.
Three Important Compensation Bans You Must Understand:
Compensation Bans
1. Procurement Integrity Act
Under The Procurement Integrity Act, 41 U.S.C. §2101-2107, former agency personnel are prohibited from accepting compensation from a contractor as an employee, officer, director, or consultant for one year after having (1) served, at the time of selection of the contractor or the award of the contract, as procuring contracting officer, the source selection authority, a member of the source selection board, or the chief of a financial or technical evaluation team on a contract over $10M; (2) served as the program manager, deputy program manager, or administrative contracting officer for a contract over $10M; or (3) personally made the agency decision to award a contract, subcontract, modification, task order, or delivery order worth over $10M, to establish overhead or other rates valued over $10M for that contractor, to issue contract payments over $10M, or to pay or settle a claim over $10M with that contractor. A program manager for a contract is one who actively manages the program cost, performance, and schedule under the contract, regardless of the title given to the individual. A Federal official who fits within one of these categories, however, is not prohibited from accepting compensation from another division or affiliate of a contractor, so long as that division or affiliate does not produce the same or similar products or services provided under the subject contracting action.
2. Sharing Compensation
Under 18 U.S.C. §203. Former employees are prohibited from sharing in any compensation for representational services before the Executive and Judicial Branches of the Federal Government, rendered personally or by another, at a time when the former employee was still employed by the Federal Government. Accordingly, after you leave Federal service, you may not accept compensation for representational services, which were provided by anyone while you were a Federal employee, before a Federal agency or court regarding particular matters in which the Federal Government was a party or had a substantial interest. This prohibition may affect you when you leave the Federal Government and share in the proceeds of a partnership or business for representational services that occurred before you terminated Federal service. Examples of such representational activities include lobbying, consulting, and legal representation.
3. Requirement under Section 847 of the NDAA for FY 2008
Certain current or former DoD officials who, within two years of leaving DoD, expect to receive compensation from a defense contractor must request and receive a written opinion regarding the applicability of post-employment restrictions to activities that officials may undertake on behalf of a defense contractor before receiving pay. This requirement is in Section 847 of the National Defense Authorization Act for Fiscal Year 2008.8 It applies if you are a current or former DoD official who, within the two year period prior to your departure from DoD9, participated personally and substantially in an acquisition with a value in excess of $10M while serving in: (1) an Executive Schedule position; (2) a Senior Executive Service position; (3) a general or flag officer position; or (4) in the position of program manager, deputy program manager, procuring contracting officer, administrative contracting officer, source selection authority, member of the source selection evaluation board, or chief of a financial or technical evaluation team.——-
Please Seek the Advice of a Government Ethics Lawyer Now
It is HIGHLY RECOMMENDED that you seek the advice of a qualified Government Ethics Lawyer if you have been accused of – or THINK you will be accused of – violating any of the Federal ethics laws discussed above.
CONTACT us here now: Government Ethics Lawyer.
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Helpful Links to Government Contracts Lawyer Resources:
* When is it Time to Hire a Government Contracts Lawyer?
When it is Time to Hire a Government Contracts Lawyer
* Have Been Accused – or Think You Will Be Accused – of Procurement Fraud?
* Do You Need an Overseas Government Contractor Lawyer?
Overseas Government Contractor Lawyer
* Do You Need Help with FAR & DFARS Compliance?
FAR DFARS Compliance Checklist
* Download the Current Federal Acquisition Regulation (FAR) & DFARS Now