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Opinions
Application of the Double Jeopardy Clause to Disgorgement Orders Under the Federal Trade Commission Act
In a civil suit brought by the Federal Trade Commission challenging unfair trade practices, the Double Jeopardy Clause of the Fifth Amendment is not implicated by a judgment requiring restitution and ordering that, in the event restitution is impracticable, the defendant pay money to the United States Treasury.
Interpretation of Inspector General Act
Although it is a close question, the better interpretation of the Inspector General Act is that Congress did not intend to limit the phrase “recommendation that funds be put to better use” to only those audit recommendations that achieve identifiable monetary savings.
The Vacancies Act
The Vacancies Act is not the exclusive authority for temporarily assigning the duties of a Senate-confirmed office. Statutes vesting an agency’s powers in the agency head and allowing delegation to subordinate officials also may be used to assign, on an interim basis, the duties of certain vacant Senate-confirmed offices.
Applicability of 18 U.S.C. § 431 to Limited Partnership Interests in Government Leases
A modified version of the proposed real estate transaction described in the February 17, 1998 opinion that gives the blind trusts no interest in any government contracts is permissible under 18 U.S.C. § 431.
Applicability of 18 U.S.C. §§ 431–433 to Limited Partnership Interests in Government Leases
The interests of two Members of Congress under a proposed real estate transaction involving limited partnership interests in government leases would fall within the prohibition of 18 U.S.C. § 431, and the “incorporated company” exception of 18 U.S.C. § 433 does not apply.
Reimbursement of Expenses Under 5 U.S.C. § 5503(a)
5 U.S.C. § 5503(a) does not prohibit individuals reappointed to the Board of Directors of the Civil Liberties Public Education Fund during a congressional recess from receiving reimbursement for travel, subsistence, and other necessary expenses associated with performing their functions.
Statute of Limitations and Settlement of Equal Credit Opportunity Act Discrimination Claims Against the Department of Agriculture
The Attorney General may not waive the statute of limitations in the litigation or compromise of pending claims against the United States.
Absent a specific provision to the contrary, a statute of limitations on civil actions also should apply to administrative settlements of claims arising under that statute pursuant to 31 U.S.C. § 3702.
31 U S.C. § 3702 does not authorize the Department of Agriculture to pay compensatory damages in an administrative settlement of an ECOA claim if ECOA’s two year statute of limitations has run.
Filing an administrative claim with USDA does not toll ECOA’s statute of limitations.
Although ECOA’s statute of limitations is, in appropriate circumstances, subject to the doctrines of equitable tolling and equitable estoppel, courts have rarely applied either doctrine against the United States.
Application of 18 U.S.C. § 203 to Maintenance of Contingent Interest in Expenses Recoverable in Litigation Against the United States
18 U.S.C. § 203 does not prohibit a prospective government officer from maintaining upon his entry into government service a contingent interest in expenses recoverable in litigation involving the United States.
Application of Consumer Credit Reporting Reform Act of 1996 to Presidential Nomination and Appointment Process
Section 2403(b)(3) of the Consumer Credit Reporting Reform Act of 1996, which requires persons “using a consumer report for employment purposes” to notify the consumer prior to taking any “adverse action” based on the report, does not apply to the process used by the President in considering individuals for nomination and appointment.
Reappointment of a Retired Judge to the Court of Federal Claims
The President may nominate and, subject to the advice and consent of the Senate, appoint to the U.S. Court of Federal Claims an individual who has previously retired from that Court and who is receiving a retirement annuity as a senior judge. Upon assumption of active judicial service, the judge must forfeit the retirement annuity for the duration of the service.