October 17, 2002                                     DO-02-023 MEMORANDUM
  TO:       Designated Agency Ethics Officials and Inspectors General
  FROM:     Amy L. Comstock            Director
  SUBJECT:  2001 Conflict of Interest Prosecution Survey
       This Office has completed its annual survey of prosecutions involving the conflict of interest criminal statutes (18 U.S.C. §§ 203, 205, 207, 208, 209) for the period January 1, 2001, through December 21, 2001.  Information on five new prosecutions by U.S. Attorneys' offices and the Public Integrity Section of the Department of Justice's Criminal Division was provided to us with the assistance of the Executive Office for United States Attorney's in the Department of Justice.  Summaries of the prosecutions reported to this Office can be found on our web site at www.usoge.gov under "Laws and Regulations."  ______________________________________________________________________________
                2001 Conflict of Interest Prosecution Survey
  2.  United States v. William L. Heyward -- Dr. Heyward was the HIV Vaccine Coordinator for the Centers for Disease Control (CDC) until December 1999. While employed by CDC, Dr. Heyward made recommendations about, and participated in the negotiations of, the terms of CDC's collaboration with a private company, VaxGen, Inc. At some point during the negotiations, Dr. Heyward began negotiating for post-retirement employment with VaxGen.  The Government maintained that Dr. Heyward's conduct violated 18 U.S.C. § 208 for participating personally and substantially as a Government employee in a particular matter in which, to his knowledge, an organization with whom he was negotiating prospective employment has a financial interest.  Pursuant to a settlement agreement dated February 5, 2001, Dr. Heyward paid the Government $32,500, and the Government agreed not to proceed criminally on the alleged violations under 18 U.S.C. § 208.
  Prosecution handled by the Northern District of Georgia.
  usoge.gov |