Justice Management Division
Serving Justice - Securing Results

An employee is prohibited from participating in any matter in which he has a financial interest. In addition to an employee's own financial interest, certain interests are considered his (“imputed” to him), such as those of his spouse, minor children and business partners. However, an employee may participate in such a matter if he has a waiver.

18 U.S.C. § 208 and 5 C.F.R. § 2635.401-403 (see Subpart D - Conflicting Financial Interest).

An employee may be covered by a general waiver, called a regulatory exemption, for holdings in a diversified mutual fund, certain employee benefit plans and interests in securities up to $15,000 in a matter with parties and $25,000 in matters without specific parties. 5 C.F.R. § 2640.101-206. In addition, an employee may be granted an individual waiver by his Component Head when it is determined that his interest is not so substantial as to affect the integrity of his services to the Government. 5 C.F.R. § 2640.301-304. Here are sample individual waivers.

In addition to an exemption or an individual waiver, other remedies for a financial conflict include disqualification and divestiture of the interest. If an employee is directed to divest his interest, he may be eligible for a Certificate of Divestiture from the Office of Government Ethics. Here is a sample request for a Certificate of Divestiture.

5 C.F.R. § 2634.1001-1004 (see Subpart J - Certificates of Divestiture)