Part 2640 of this chapter interprets and is the implementing regulation for 18 U.S.C. 208. This subpart summarizes the relevant statutory restrictions and some of the regulatory guidance found there. Specifically, this subpart contains two provisions relating to financial interests. One is a recusal requirement and the other is a prohibition on acquiring or continuing to hold specific financial interests. An employee may acquire or hold any financial interest not prohibited by § 2635.403. Notwithstanding that the acquisition or holding of a particular interest is proper, an employee is prohibited in accordance with § 2635.402 from participating in an official capacity in any particular matter in which, to the employee's knowledge, the employee or any person whose interests are imputed to the employee has a financial interest, if the particular matter will have a direct and predictable effect on that interest.
Notes of Decisions
Physicians For Soc. Responsibility v. Wheeler, 359 F. Supp. 3d 27 (D.C. Cir. 2019).
“See 5 C.F.R. § 2635.401 - 403. It must promulgate "uniform regulations" for the "issuance of waivers and exemptions under subsection (b)," including "provid[ing] guidance [on] the types of interest that are not so substantial as to be deemed likely to affect the integrity of the…”
Antarctic Support Assocs. v. United States, 46 Fed. Cl. 145 (Fed. Cl. 2000).
“” 5 C.F.R. § 2635.401 . “Direct and predictable effect” means that there must be a “close causal link between any decision or action to be taken in the matter and any expected effect of the matter on the financial interest.”
Lorillard Inc v. United States Food & Drug Admin., 56 F. Supp. 3d 37 (D.D.C. 2014).
“208 are described more fully in 5 CFR 2635.401 and 2635.402”). Finally, in addition to explicating financial conflicts of interest, the OGE regulations also address “appearance” conflicts of interest.”
Patrick W. Ryan v. Dep't of Homeland Sec., 2016 MSPB 7 (MSPB 2016).
“6 663 (1991); see 5 C.F.R. §§ 2635.401 -.402. To prove the existence of an appearance of a conflict of interest, an agency must show that the employee’s interests or duties in one capacity would “reasonably create an appearance” of having an effect on his interests or duties in…”
Mitch Wine v. Dep't of the Interior (MSPB 2023).
“809 (governing outside activities)), the appellant attempts to show that one set of those regulations did not apply under the circumstances, PFR File, Tab 7 at 16 -17 (citing 5 C.F.R. §§ 2635.401 , .402 (governing conflicting financial interests)).”
Williams v. Messa (E.D. Cal. 2022).
“§ 912 , Penal Code § 529, 5 C.F.R. § 2635.401 , 5 C.F.R. § 2635.702 , 25 C.”
Williams v. Messa (E.D. Cal. 2022).
“§ 912 , Penal Code § 529, 5 C.F.R. § 2635.401 , 5 C.F.R. § 2635.702 , 25 C.”
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