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Liability of the United States for State and Local Taxes on Seized and Forfeited Property (II)

In civil forfeiture proceedings (under 21 U.S.C. § 881), the United States is obligated to pay liens for state and local taxes accruing after the commission of the offense leading to forfeiture and before the entry of a judicial order of forfeiture, if the lien-holder establishes, before the court enters the order of forfeiture, that it is an innocent owner of the interest it asserts.

In criminal forfeiture proceedings (under 18 U.S.C. § 1963 or 21 U.S.C. § 853), the United States may not pay such liens because state and local tax lien-holders are not bona fide purchasers for value of the interests they would assert, and therefore do not come within any applicable exception to a statute that, upon entry of a court’s final order of forfeiture, vests full ownership retroactively in the United States as of the date of the offense.

Immigration Consequences of Undocumented Aliens’ Arrival in United States Territorial Waters

Undocumented aliens interdicted within the twelve-mile zone that comprises the United States’s territorial sea are not entitled to a hearing under the exclusion provisions of the Immigration and Nationality Act.

The Immigration and Naturalization Service had the authority to promulgate an interpretative rule construing the “territorial waters” of the United States, as referred to in section 287 of the INA, to extend for twelve nautical miles.

Suspension of a United States Marshal

With the prior approval of the President, the Attorney General may suspend a United States Marshal without pay.

During the period of a United States Marshal’s suspension, the Attorney General may designate an Acting United States Marshal to carry out the duties of the office.

Reimbursement for Costs of Attending Certain Banquets

Employees in the United States Attorneys offices may properly be reimbursed for the costs of attending retirement banquets for state law enforcement officials under appropriate circum stances. However, reimbursement for attendance at such functions should be limited to circumstances where the nature of the ceremonial event in question provides good reason to believe that the employee’s attendance advances the authorized functions or programs of the office.

Disclosure of Grand Jury Matters to the President and Other Officials

The Attorney General may disclose grand jury material covered by Rule 6(e) of the Federal Rules of Criminal Procedure to the President and members of the National Security Council where such disclosure is for the purpose of assisting the Attorney General in her enforcement of federal criminal law. Although under those circumstances such disclosure may be made without prior judicial approval, the names of those receiving the grand jury material must be submitted to the court that impaneled the grand jury in question.

There are also circumstances where the President’s constitutional responsibilities may provide justification for the Attorney General to disclose grand jury matters to the President independent of the provisions of Rule 6(e). Such circumstances might arise, for example, where the Attorney General learns through grand jury proceedings of a grave threat of terrorism, implicating the President’s responsibilities under Article II of the Constitution.

General Services Administration Printing Operations

The Joint Committee on Printing lacks the authority to alter the General Services Administration’s printing operations because the only basis for that authority is an invalid legislative veto provision contained in 44 U.S.C. § 501.

Section 207 of Public Law Number 102-392 requires executive branch entities (other than the Central Intelligence Agency, the Defense Intelligence Agency, and the National Security Agency) to procure printing related to the publication of government publications by or through the Government Printing Office..

Ethics Issues Related to the Federal Technology Transfer Act of 1986

A government employee-inventor who assigns his rights in an invention to the United States and accepts the government’s payment of amounts tied to the resulting royalties, as provided in the Federal Technology Transfer Act of 1986, may continue to work on the invention without violating the statute against taking part in matters in which he has a financial interest, 18 U.S.C. § 208, or the statute forbidding supplementation of federal salaries, 18 U.S.C. § 209.

Under 18 U.S.C § 208, a government employee-inventor may not take official action with respect to an agreement for development of his invention entered into by the United States and a company with which the employee has contracted to exploit the invention abroad.

Applicability of 18 U.S.C. § 207(c) to the Briefing and Arguing of Cases in Which the Department of Justice Represents a Party

Section 207(c) of title 18 forbids a former senior employee of the Department of Justice, for one year after his or her service ends, from signing a brief or making an oral argument in a case where the Department represents one of the parties.

Construction of § 406 of the Federal Employees Pay Comparability Act of 1990

Section 406 of the Federal Employees Pay Comparability Act of 1990 does not extend the authority to make bonus payments to employees at the New York Field Division of the Federal Bureau of Investigation pursuant to section 601 of the Intelligence Authorization Act for fiscal years 1989 and 1990 beyond the expiration date of the demonstration project established by section 601.

Applicability of the Civil Service Provisions of Title 5 of the United States Code to the United States Enrichment Corporation

The United States Enrichment Corporation is exempt from the civil service provisions of title 5 of the United States Code.

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