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Summary of Standards of Conduct and Conflict of Interest Rules

The federal conflict of interest rules are found at 18 U.S.C. § 208 with implementing regulations at 5 C.F.R. § 2635.402. Essentially, these rules prohibit you from taking official action in a particular matter involving any entity in which you, or someone whose interests are imputed to you, have a financial interest. Imputed interests include (1) the interests of your spouse; (2) minor children; (3) a general partner; (4) an organization in which you are serving as an officer, director, trustee, general partner, or employee; or (5) any person or organization with whom you are negotiating or have any arrangement concerning prospective employment.

Additionally, the Standards of Conduct prohibit you from acting in a particular matter that involves a financial interest of a member of your household or if it involves a person with whom you have a "covered relationship" (5 C.F.R. § 2635.502). "Covered relationship" is defined to include (1) a person with whom you conduct business other than routine consumer transactions; (2) a person who is a member of your household, or who is a relative with whom you have a close personal relationship; (3) a person for whom your spouse, parent, or dependent child is serving or seeking to serve as an officer, director, trustee, general partner, agent attorney, consultant, contractor, or employee; (4) any person for whom you have served, within the last year, as officer, director, trustee, general partner, agent attorney, consultant, contractor, or employee; and (5) an organization in which you are an active participant. This rule is designed to ensure you maintain the appearance of impartiality in carrying out your official duties.

For more information on standards of conduct, see the Project Safe Neighborhoods Implementation Guide for U.S. Attorneys on Ethical Guidance.

 

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Date Created: December 27, 2019