DOJ Office of Legal Counsel Opinions

The Office of Legal Counsel (OLC) at the Department of Justice renders legal opinions on questions of law when requested by the President and by the heads of executive branch agencies and departments. In this index, the U.S. Office of Government Ethics provides links to OLC opinions about the conflict of interest statutes--18 U.S.C. §§ 203, 205, 207, 208, and 209.

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January 11, 2006

Financial Interests of Nonprofit Organizations (PDF)

Under 18 U.S.C. § 208, a nonprofit organization does not have a “financial interest” in a particular matter solely by virtue of the fact that the organization spends money to advocate a position on the policy at issue in the matter.

August 31, 2004

Authority of HUD’s Chief Financial Officer to Submit Final Reports on Violations of Appropriations Laws (PDF)

The Consolidated Appropriations Resolution for Fiscal Year 2003 requires the Chief Financial Officer of the Department of Housing and Urban Development to report to the President and Congress on violations by the agency of the Anti-Deficiency Act and other appropriations laws concerning expenditures, but the CFO must first submit his reports to the Secretary of HUD for review and approval.

August 30, 2004

Ethics Issues Raised by the Retention and Use of Flight Privileges by Employees of the FAA (PDF)

Although flight privileges generally do not require disqualification under 18 U.S.C. § 208 from all matters involving the relevant air carrier, a Federal Aviation Administration employee who holds such flight privileges must disqualify him or herself from particular matters where FAA action may have a direct and predictable effect on the relevant air carrier's ability to honor the employee's flight privileges.

May 8, 2002

Application of Conflict-of-Interest Rules to Appointees Who Have Not Begun Service

In this memorandum the Office of Legal Counsel discusses whether the principal conflict-of-interest rules of the executive branch apply to a person who has been appointed to an office by the President with the advice and consent of the Senate but has not yet begun the duties of that office.

November 2, 2001

Application of 18 U.S.C. § 208 to Trustees of Private Trusts

Although a trustee of a private trust, solely by virtue of his capacity as a trustee, should not be deemed to have a personal financial interest in the property of the trust, a trustee of a private trust may have such an interest under certain circumstances. Further, a trustee of a private trust also should be considered to be serving in the capacity of a "trustee" of an "organization" for purposes of 18 U.S.C. § 208(a).

January 26, 1999

Applicability of 18 U.S.C. § 208 to National Gambling Impact Study Commission

The National Gambling Impact Study Commission is not an "independent" agency for purposes of a criminal conflict of interest statute, 18 U.S.C. § 208.

September 11, 1998

Official Service by State Department Employees on the Boards of American-Sponsored Schools Overseas

Official service by State Department employees on the boards of American-sponsored schools overseas is authorized by statute and does not violate 18 U.S.C. § 208.

August 24, 1998

Application of 18 U.S.C. § 208 to Service by Executive Branch Employees on Boards of Standard-Setting Organizations

Under 18 U.S.C. § 208, a federal employee may serve as a member of the board of a private voluntary standards organization to the extent necessary to permit participation in his or her official capacity in the organization's standard-setting activities.

May 6, 1997

Service by Federal Officials on the Board of Directors of the Bank for International Settlements

18 U.S.C. § 208(a) does not prohibit the Chairman of the Federal Reserve Board and the President of the Federal Reserve Bank of New York from serving in their official capacities on the Board of Directors of the Bank for International Settlements.

November 19, 1996

Service on the Board of Directors of Non-Federal Entities by Federal Bureau of Investigation Personnel in their Official Capacities

Section 208 of title 18 prohibits a government employee from serving on the board of directors of an outside organization in his or her official capacity, unless the service is authorized by statute or the employee obtains either a release of fiduciary obligations by the organization or a waiver of the requirements of section 208.