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Congresswoman Escobar, Top Democrats Warn DOGE Employees of Potential Criminal Exposure from Ethical Misconduct

Today, Congresswoman Veronica Escobar (TX-16) joined U.S. Representatives Don Beyer (VA-8), Jamie Raskin (MD-8), Maxwell Alejandro Frost (FL-10), Joaquin Castro (TX-20), and Dan Goldman (NY-10) to warn of potential criminal exposure for volunteers and employees of the so-called “Department of Government Efficiency” (DOGE), following reports of various conflicts of interest within the organization. 

In a letter to Acting Director of the Office of Government Ethics (OGE) Doug Collins, the Representatives sought clarification on the measures and plans in place to ensure that DOGE employees and volunteers are informed of their ethical and legal obligations under federal law, particularly regarding conflicts of interest, which have a statute of limitations of up to five years and can lead to criminal penalties of up to five years in prison with additional financial penalties. 

They wrote:

“We write to request clarity on your actions and plans, as acting Director of the U.S. Office of Government Ethics (OGE), to ensure that volunteers serving with the “Department of Government Efficiency” (“DOGE”) are aware of their rights and responsibilities under federal law. 

“We are deeply concerned that those volunteers, by virtue of their rare status within the federal workforce, may be unaware of some of the legal requirements that they must abide by in their work with DOGE. Under 5 U.S. Code § 3161(i)(4), all temporary organization volunteers are considered federal employees for the purposes of all laws in 18 U.S. Code ch. 11 (Bribery, Graft, and Conflicts of Interest).

“Among other provisions, that chapter includes a criminal conflict of interest law that bars executive branch officers and employees from participating “personally and substantially” in any particular matter in which they know that they have a financial interest. The law also treats a number of other interests as their own, including the interests of: any business or organization in which they serve in any of a number of management positions or as an employee; any prospective employer which they have, or are negotiating, an agreement for future employment; and any spouse or minor child.

“Anyone violating the criminal conflict of interest statute risks up to five years in prison and a financial penalty either up to $50,000 or the value of the illegally generated compensation.”

The full text of the letter can be found here.

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