For Industry Professionals, Managers, Trades & Suppliers
J. NORMAN STARK, ATTORNEY and REGISTERED ARCHITECT
JURIS DOCTOR, B. ARCHITECTURE, B.F.A.
17000 St. Clair Avenue . Cleveland, Ohio 44110-2535
Tel.: (216) 531-5310 . Fax: (888) 833-5860 . E-Mail: www.Normstark@aol.com
In Florida . 6500 Midnight Pass Rd. #105 . Sarasota, FL 34242 . (941) 349-2061.

Vol. 2008-8 August, 2008

CONFLICT OF INTEREST RESTRICTIONS FORMER US, GOVT. EMPLOYEES

Federal law provides severe penalties to prevent influence peddling, even after termination of employment or public office:

18 USC 207 Restrictions on former officers, employees, and elected officials of the executive and legislative branches.

PART I - CRIMES
(a) Restrictions on All Officers and Employees of the Executive Branch and Certain Other Agencies. -
  1. Permanent restrictions on representation on particular matters. - Any person who is an officer or employee (including any special Government employee) of the executive branch of the United States (including any independent agency of the United States), or of the District of Columbia, and who, after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia) in connection with a particular matter -

  2. (A) in which the United States or the District of Columbia is a party or has a direct and substantial interest,

  3. (B) in which the person participated personally and substantially as such officer or employee, and

  4. (C) which involved a specific party or specific parties at the time of such participation, shall be punished as provided in section 216 of this title.

    (2) Two-year restrictions concerning particular matters under official responsibility. -
Any person subject to the restrictions contained in paragraph (1) who, within 2 years after the termination of his or her service or employment with the United States or the District of Columbia, knowingly makes, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the United States or the District of Columbia, on behalf of any other person (except the United States or the District of Columbia), in connection with a particular matter
  1. in which the United States or the District of Columbia is a party or has a direct and substantial interest,

  2. which such person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of 1 year before the termination of his or her service or employment with the United States or the District of Columbia, and

  3. which involved a specific party or specific parties at the time it was so pending, shall be punished as provided in section 216 of this title.

Clearly, the restrictions on all public employees, whether in Federal, State, County, or Regional government employ, are imposed to prevent and preclude influence peddling during and after such service, under the threat of severe criminal prosecution and penalties.

"Our power is in our ability to decide."
R. Buckminster Fuller

AUTHOR / EDITOR: J. NORMAN STARK is an Attorney-at-Law, a Registered Architect, (AIA, NCARB) Registered Landscape Architect, Interior Designer, Planner and Senior Appraiser (ASA), admitted to practice law before the Bar of Ohio, the US District Courts, Ohio and Illinois (Central Dist.), the US Court of Appeals, and the United States Supreme Court. He is a Mediator, Arbitrator and Litigator with experience in Business, Construction Law, and Public Works, and with additional experience in Real Estate, Construction Attorney (Legal Project and Crisis Management), and as an Expert Witness (Forensic Architect). His office is in Cleveland, Ohio.

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