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. Key Insights

U.S. Government Ethics Attorney. Individuals formerly employed by the government, including officials and contractor personnel, must adhere to various federal laws and their associated regulations that regulate post-government employment practices, particularly regarding future roles with U.S. government contractors. Breaching any of these legal provisions may result in significant civil or criminal consequences. Our objective is to PREVENT or REDUCE actual or potential CIVIL or CRIMINAL liability in accordance with the relevant laws. Additionally, we aim to assist you in AVOIDING ADDITIONAL ERRORS and navigating interactions with the agency’s Office of Inspector General (OIG), agency General Counsel, and the legal teams of either in-house or external government contractor firms.

The legal matters discussed in this post do not “go away” so to speak in my experience as a government ethics lawyer 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. Discover how a government ethics lawyer can navigate complex regulations and protect you and your business interests effectively.

Government Ethics Lawyer

Jeffrey Giancola, the Principal, graduated with honors from Columbia University and obtained his law degree from the University of Virginia. He is a licensed member of the Maryland State Bar and possesses three decades of expertise in Government procurement. This establishment, which is overseen by attorneys, specializes exclusively in U.S. Federal Government contract affairs.

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.

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>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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