Judicial Opinions

This section contains a searchable index of key judicial opinions about the conflict of interest statutes from the Federal courts.

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January 28, 2000

EEOC v. Exxon Corp., 202 F.3d 755 (5th Cir. 2000)

The Fifth Circuit Court of Appeals held that 18 U.S.C. § 207(a)(1) applied insofar as the attorneys' services were those of expert witnesses, but the District Court did not err in issuing an order permitting the testimony under 18 U.S.C. § 207(j)(6). Ethical rules did not bar the testimony, which was limited to publicly-known information.

May 13, 1991

U.S. v. Schaltenbrand, 930 F.2d 1554 (11th Cir. 1991)

The Eleventh Circuit Court of Appeals reviewed the definition of "negotiation" under 18 U.S.C. § 208(a) and "agent" under 18 U.S.C. § 207(a). The Court held that "negotiation" covered communications where both parties had an active interest and that there was insufficient evidence to prove that defendant acted as an “agent.”

June 27, 1989

U.S. v. Nofziger, 878 F.2d 442 (D.C. Cir. 1989)

The D.C. Circuit Court of Appeals held that the term "knowingly" applied to each element of former 18 U.S.C. § 207(c).

November 17, 1986

U.S. v. Coleman, 805 F.2d 474 (3d Cir. 1986)

A former high-level IRS employee started a consulting service and attended meetings with an IRS officer and taxpayers whose tax collection he had been responsible prior to leaving the IRS. The Third Circuit Court of Appeals held that the employee violated 18 U.S.C. § 207(b)(i) where his IRS appearance was an impermissible “representation.”

February 27, 1986

U.S. v. Medico Industries Inc., 784 F.2d 840 (7th Cir. 1986)

The Seventh Circuit Court of Appeals held that under 18 U.S.C. 207(a), a contract obtained by a corporation with the help of a former contracting officer (CO) was essentially the same contract that was previously awarded to the corporation with the assistance of the CO while he was still employed by the government and that section 207 prohibited such actions.