The United States Department of Justice Department of Justice Seal The United States Department of Justice
Search The Site
Opinions by Date and Title
Date Not SortedTitleHeadnotes

Applicability of 18 U.S.C. § 209 to Acceptance by FBI Employees of Benefits Under the “Make a Dream Come True” Program

The criminal prohibition on supplementation of salary, 18 U.S.C. § 209, does not prohibit Federal Bureau of Investigation employees from receiving benefits under the Society of Former Special Agents of the FBI’s “Make a Dream Come True” Program.


Applicability of 18 U.S.C. § 219 to Members of Federal Advisory Committees

Section 219(a) of Title 18 of the United States Code applies to members of federal advisory committees, including the Advisory Committee for Trade Policy and Negotiations, that are governed by the Federal Advisory Committee Act.

Section 219(b) may be used to exempt advisory committee members who are “special government employees,” but may not be used to exempt “representative” members, who are generally not considered government employees.

The Emoluments Clause prohibits an individual who is an agent of a foreign government from serving on an advisory committee, unless Congress has consented to such service.


Applicability of 18 U.S.C. § 219 to Representative Members of Federal Advisory Committees

Representative members of federal advisory committees—i.e., members who are chosen only to present the views of a private interest—are not “public officials” covered by 18 U.S.C. § 219.


Applicability of 18 U.S.C. § 219 to Retired Foreign Service Officers

A retired foreign service officer is not a public official of the United States subject to 18 U.S.C. § 219, which provides criminal penalties for conduct that would usually constitute a violation of the Emoluments Clause of the Constitution, Article I, § 9, cl. 8.


Applicability of 18 U.S.C. § 281 to Selling Activities of Retired Military Officers

Section 281 of Title 18, United States Code, which prohibits certain representational activities by federal employees, is presently in force as applied to retired officers of the armed forces, and in appropriate cases a violation could warrant criminal prosecution by the Department of Justice.

The prohibitions of the first paragraph of § 281 apply only to retired officers on active duty, but under its second paragraph inactive retired officers are also prohibited from engaging in certain selling activities.

The prohibition in the second paragraph of § 281 was intended generally to prevent retired officers from being in a position to exert their influence in the procurement process of the military department in which they once served, and applies to representational activities in connection with the sale of services as well as the sale of goods. However, its prohibition does not extend to a situation in which the retired officer can fairly be said to be representing only himself and no one else as a seller.


Applicability of 18 U.S.C. § 431 to Limited Partnership Interests in Government Leases

A modified version of the proposed real estate transaction described in the February 17, 1998 opinion that gives the blind trusts no interest in any government contracts is permissible under 18 U.S.C. § 431.


Applicability of 18 U.S.C. §§ 212 and 213 to FDIC Examiners’ Obtaining of Credit Cards From State-Chartered FDIC-Insured Nonmember Banks

Proposed FDIC regulations allowing FDIC examiners to obtain credit cards from insured state nonmember banks (subject to the condition that those examiners are not authorized to examine the banks that have issued the cards) are consistent with the provisions of 18 U.S.C. §§ 212 and 213, prohibiting loans between a bank examiner and banks which that examiner examines, or has the authority to examine.


Applicability of 18 U.S.C. §§ 431–433 to Limited Partnership Interests in Government Leases

The interests of two Members of Congress under a proposed real estate transaction involving limited partnership interests in government leases would fall within the prohibition of 18 U.S.C. § 431, and the “incorporated company” exception of 18 U.S.C. § 433 does not apply.


Applicability of 21 U.S.C. § 952(a) to the Importation of Morphine Sulfate by the General Services Administration

The provision in 21 U.S C. § 952(a), which prohibits importation of certain controlled substances except in certain specified circumstances, applies to importation by the United States government.

Notwithstanding the canon of statutory construction that a law should not be read to impose new burdens on the government in derogation of its preexisting nghts and privileges, well-established and consistent administrative practice and interpretation of the coverage of 21 U.S.C. § 952(a), as well as its legislative history, indicate that that law covers importations by the United States government.



Applicability of 3 U.S.C. § 112 to Detailees Supporting the President’s Initiative on Race

3 U.S C. § 112 does not apply to the details of employees to support the President’s Initiative on Race.

Updated: April 2014