2024

11/08/2024

LA-24-15: Answers to Frequently Asked Questions About Widely Attended Gatherings
This Legal Advisory provides answers to frequently asked questions about the gift exception for widely attended gatherings (WAGs) found at 5 C.F.R. § 2635.204(g).

10/30/2024

LA-24-14: Counting Days of Service for Special Government Employees: Travel Days, Past Government Service, and Application of Ethics Laws
This Legal Advisory discusses SGE day counting for the purposes of travel days and when the SGE has past regular Government service.

10/28/2024

LA-24-13: Ethics Guidance on Gifts Between Employees in Times of Crisis
This Legal Advisory discusses: (1) the subpart C framework for gift-giving between employees, including use of the special infrequent occasion exception in times of crisis; (2) guidance for employees seeking to solicit donations for themselves and others (including the use of crowdsourcing websites in the federal workplace); and (3) considerations for specific types of donations, including in-kind gifts, gifts of cash, and leave donation.

10/17/2024

LA-24-12: Incoming Employees and Ongoing Interests in Representational Services: Common 18 U.S.C §§ 203 and 205(a)(1) Issues and Solutions
This Legal Advisory reviews the elements of 18 U.S.C. §§ 203 and 205(a)(1), common types of payments that may implicate the statutes, and resolutions for when such payments arise.

09/27/2024

LA-24-11: Common Ethics Issues that May Arise for Current and Former Federal Employees Serving on an Incoming Presidential Transition Team
This Legal Advisory discusses common ethics issues that may arise for current and former executive branch employees who are serving on a presidential transition team (PTT). This includes the application of the ethics rules concerning representational activity, nonpublic information, and receipt of payments and gifts from the PTT.

09/11/2024

LA-24-10: Determining Whether a “Thematic” Fund is a Sector or Diversified Fund for Purposes of the Regulatory Exemptions Applicable to Mutual Funds
This Legal Advisory provides guidance on when “thematic” mutual funds are “sector funds” for purposes of the regulatory exemptions to 18 U.S.C. § 208.

07/31/2024

LA-24-09: 2023 Conflict of Interest Prosecution Survey
OGE publishes its annual survey of prosecutions involving the conflict of interest criminal statutes and other related statutes for calendar year 2023.

07/30/2024

LA-24-08: Applying the Senior Employee Post-Government Employment Restrictions to Employees Impacted by the Pay Freeze
This Legal Advisory explains the impact of the pay rate cap applicable to noncareer officials for 2024 on the application of the senior employee post-Government employment restrictions under 18 U.S.C. § 207(c).

06/10/2024

LA-24-07: Understanding the Recusal Obligations of Employees Affiliated with State and Local Government Entities
This Legal Advisory discusses the application of the terms “organization” under 18 U.S.C. § 208 and “person” under 5 C.F.R. § 2635.502 for employees with outside employment interests with state and local government entities.

05/17/2024

LA-24-06: Publication of Final Rule – Modernization Updates to Standards of Ethical Conduct for Employees of the Executive Branch
The final rule making modernization updates to the Standards of Ethical Conduct for Employees of the Executive Branch (Standards) becomes effective on August 15, 2024. This Legal Advisory highlights some of the notable updates to the Standards which will go into effect at that time.

04/26/2024

LA-24-05: Scope of the Exceptions to 18 U.S.C. §§ 203 and 205 Permitting Employees to Represent Others as a Personal Fiduciary
This Legal Advisory discusses the exceptions to 18 U.S.C. §§ 203 and 205 for representational contacts made by an employee when acting as a personal fiduciary of an individual or their estate.

04/03/2024

LA-24-04: Conflicts of Interest Considerations and Financial Disclosure Reporting Requirements for Managed Investment Accounts
This Legal Advisory highlights the potential conflict of interest risks and financial disclosure reporting challenges for employees who invest in managed accounts, including those managed by robo-advisors.

02/05/2024

LA-24-03: Release of OGE’s Updated Public Financial Disclosure Guide
This Legal Advisory discusses the changes in the updated Public Financial Disclosure Guide.

01/31/2024

LA-24-02: Bitcoin Exchange-Traded Products
This Legal Advisory discusses the application of certain ethics rules to several Bitcoin exchange-traded products (“Bitcoin ETPs”). As described in the Legal Advisory, these Bitcoin ETPs do not qualify for regulatory exemptions to the conflict of interest law 18 U.S.C. § 208. The Bitcoin ETPs do qualify as excepted investment funds for purposes of financial disclosure reporting.

01/04/2024

LA-24-01: Effect of Pay Adjustments on Ethics Provisions for Calendar Year 2024
This Legal Advisory identifies the 2024 thresholds for: (1) determining which senior employees are subject to the post-employment restrictions; (2) identifying which officers and employees must file public financial disclosure reports; and (3) implementing the outside employment and outside earned income restrictions for certain covered noncareer employees.


2023

12/20/2023

LA-23-15: U.S. Office of Government Ethics Review of Nominees for Presidentially Appointed, Senate-Confirmed Positions
The Legal Advisory discusses OGE’s approach to resolving potential conflicts of interest and other ethics issues for nominees for Presidentially appointed, Senate-confirmed positions.

11/13/2023

LA-23-14: Release of OGE’s Updated Confidential Financial Disclosure Guide
This Legal Advisory discusses the changes in the updated Confidential Financial Disclosure Guide.

09/28/2023

LA-23-13: Ethics Guidance on Use of Professional Networking Platforms and Monetizing Social Media Activity
This Legal Advisory provides frequently raised questions and answers concerning the application of the Federal ethics laws to employees’ use of personal professional networking accounts and monetized personal social media activities.

09/27/2023

LA-23-12: Identifying and Preventing Violations of 18 U.S.C. § 208 Arising from Digital Asset Ownership
This Legal Advisory provides guidance on when an employee may have a disqualifying financial interest under 18 U.S.C. § 208 arising from ownership of digital assets.

07/31/2023

LA-23-11: 2022 Conflict of Interest Prosecution Survey
OGE has completed its annual survey of prosecutions involving the conflict of interest criminal statutes and other related statutes for calendar year 2022.

07/11/2023

LA-23-10: Guidance on Detailees Between Agencies and Need for Agency Coordination
This Legal Advisory provides guidance on the application of several ethics laws and regulations to detailees between executive branch agencies, including in relation to agency supplemental regulations, the Standards of Conduct, financial disclosure filing, and required ethics training.

07/05/2023

LA-23-09: Availability of Exemptions in 5 C.F.R. Part 2640 When an Agency Waives its Prohibited Holding Rule
This Legal Advisory provides guidance regarding the availability of the exemptions found at 5 C.F.R. part 2640, subpart B, when an agency waives its prohibited holding rule.

06/22/2023

LA-23-08: Increased Gifts and Travel Reimbursements Reporting Thresholds for Financial Disclosure Reports and Nonsponsor Widely Attended Gatherings Gift Exception Ceiling
This Legal Advisory discusses the recent amendments to the gifts and travel reimbursements reporting thresholds at 5 C.F.R. §§ 2634.304 and 2634.907(g) and the widely attended gatherings gift exception ceiling for nonsponsor gifts of free attendance at 5 C.F.R. § 2635.204(g)(3).

06/21/2023

LA-23-07: Acceptance of Pro Bono Legal Services Under 5 C.F.R. Part 2635, Subpart J
The Legal Expense Fund regulation found at subpart J creates an established process for employees to accept pro bono legal services for matters arising in connection with their official position. This legal advisory provides guidance to ethics officials on how employees may accept pro bono legal services under the newly published Legal Expense Fund Regulation, 5 C.F.R. part 2635, subpart J.

05/31/2023

LA-23-06: Revised Compilation of Federal Ethics Laws
This Legal Advisory describes changes in OGE’s updated Compilation of Federal Ethics Laws.

05/26/2023

LA-23-05: Overview of Final Rule Regarding Legal Expense Funds
This Legal Advisory provides an overview of the Legal Expense Fund Regulation at 5 C.F.R part 2635, subpart J.

02/23/2023

88 FR 11443: Agency Information Collection Activities; Proposed Collection; Comment Request for Modified OGE Form 201 Request an Individual’s Ethics Documents
The Office of Government Ethics is revising the “Request an Individual’s Ethics Documents” form (OGE Form 201). The purpose of the changes is to (1) make the form more appropriate for use throughout the executive branch, and (2) provide applicants with clarifying information about the use of the form.

02/16/2023

LA-23-04: Summary of Ethics Legislation (117th Congress)
This Legal Advisory provides a high-level summary of notable legislation in the 117th Congress.