Justice Management Division
Serving Justice - Securing Results

Generally, an employee should seek advice from an ethics official before participating in any matter in which her impartiality could be questioned. An employee may not participate, without authorization, in a particular matter having specific parties that could affect the financial interests of members of her household or where one of the following is a party or represents a party:

• Someone with whom an employee has or is seeking employment, or a business, contractual or other financial relationship;
  
  
• A relative with whom an employee has a close relationship;
  
  
• A present or prospective employer of a spouse, parent or child; or
  
  
• An organization which an employee now serves or has served, as an employee or in another capacity, within the past year.

If a conflict of interest exists, in order for the employee to participate in the matter the head of the employee's component, with the concurrence of an ethics official, must make a determination that the interest of the government in the employee's participation outweighs the concern that a reasonable person may question the integrity of the Department's programs and operations. The determination must be made in writing. Here are samples of 502 determinations.

5 C.F. R. § 2635.501 - 503 (see Subpart E - Impartiality in Performing Official Duties)

In addition to the impartiality regulation, 28 C.F.R. § 45.2 prohibits a DOJ employee, without written authorization, from participating in a criminal investigation or prosecution if he has a personal or political relationship with any person or organization substantially involved in the conduct that is the subject of the investigation or prosecution, or any person or organization which he knows has a specific and substantial interest that would be directly affected by the outcome of the investigation or prosecution.

Last Updated:
September 11, 2008