What Laws Are Broken When a Lawmaker Engages in Government Transactions?

Question from Laurent, What Laws Are Broken When a Lawmaker Engages in Government Transactions?

Answer from AI:

When a lawmaker who is also a chief executive officer of a company engages in transactions with the government, several laws and ethical guidelines may be violated. These laws are designed to prevent conflicts of interest and ensure that public officials act in the best interest of the public.

Potential Laws Violated

1. **Conflict of Interest Laws**:
– **Federal Level**: Under 18 U.S.C. § 208, federal employees, including lawmakers, are prohibited from participating in government matters in which they have a financial interest.
– **State Level**: Many states have their own conflict of interest statutes. For example, California’s Government Code § 1090 prohibits public officials from being financially interested in any contract made by them in their official capacity.

2. **Ethics in Government Act**:
– This federal law requires public officials to disclose their financial interests and recuse themselves from matters where there is a conflict of interest.

3. **Bribery and Corruption Laws**:
– Under 18 U.S.C. § 201, it is illegal for public officials to accept anything of value in return for being influenced in the performance of their official duties.

4. **State Ethics Commissions**:
– Many states have ethics commissions that enforce state ethics laws. For example, the New York State Joint Commission on Public Ethics (JCOPE) oversees and enforces ethics laws in New York.

Who Will File and Handle the Case?

1. **Ethics Committees**:
– At the federal level, the House Ethics Committee or the Senate Ethics Committee may investigate and take action against lawmakers who violate ethics rules.
– At the state level, similar ethics committees or commissions handle such cases.

2. **Department of Justice (DOJ)**:
– The DOJ can prosecute federal lawmakers for criminal violations such as bribery, fraud, and other corruption-related offenses.

3. **State Attorneys General**:
– State attorneys general can prosecute state lawmakers for violations of state laws, including conflict of interest and corruption statutes.

4. **Inspector General**:
– The Office of the Inspector General (OIG) can investigate allegations of misconduct involving federal employees, including lawmakers.

Steps to Take if You Suspect a Violation

1. **Report the Violation**:
– You can report suspected violations to the relevant ethics committee, state ethics commission, or law enforcement agency.

2. **Gather Evidence**:
– Collect any documentation or evidence that supports your claim, such as contracts, emails, or financial records.

3. **Consult Legal Counsel**:
– If you are directly involved or affected, it is advisable to consult with a legal professional to understand your rights and the best course of action.

Resources for Further Information

– [U.S. Office of Government Ethics](https://www.oge.gov/)
– [House Ethics Committee](https://ethics.house.gov/)
– [Senate Ethics Committee](https://www.ethics.senate.gov/)
– [California Fair Political Practices Commission](https://www.fppc.ca.gov/)

Note: This information is intended to provide a general understanding of the laws and procedures related to conflicts of interest and government transactions involving lawmakers. For personalized legal advice, it is crucial to consult with a qualified legal professional.