18 U.S.C. § 205 prohibits federal officers and employees from acting as an agent or attorney for anyone else in a matter before the U.S. government, whether paid or not. The rule targets a specific risk: that a federal insider might use government access and relationships to advocate for private interests. Willful violations carry up to five years in prison, and the Attorney General can pursue civil penalties of $50,000 per violation or the value of the compensation involved, whichever is greater.
What the Statute Prohibits
Subsection (a) sets out two core bans. You cannot act as an agent or attorney to prosecute any claim against the United States, and you cannot accept payment or a share of such a claim for helping someone else pursue it. You also cannot act as an agent or attorney for anyone before a federal department, agency, court, or military commission on a “covered matter” in which the United States is a party or has a direct and substantial interest.1Office of the Law Revision Counsel. 18 U.S. Code 205 – Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government
Subsection (h) defines “covered matter” broadly: any judicial or other proceeding, application, request for a ruling, contract, claim, controversy, investigation, charge, accusation, arrest, or other particular matter.2Office of the Law Revision Counsel. 18 U.S. Code 205 – Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government – Section: Subsection (h) Procurement disputes, regulatory filings, enforcement investigations, benefit claims, and contract negotiations all fall inside that boundary.
What Counts as Acting as Agent or Attorney
Courts apply the common-law definition of agency. Three elements must be present: the employee has actual or apparent authority to act on someone else’s behalf, the employee makes a direct communication to a government official, and the communication is intended to influence the government’s action on a covered matter.3U.S. Office of Government Ethics. 18 U.S.C. 205(a)(2) Course
That definition is narrower than many assume. Behind-the-scenes help that never reaches the government directly is not covered. If a federal employee helps a neighbor draft a letter to an agency and the neighbor sends it under their own name, that backstage assistance falls outside the statute. Purely ministerial contacts, like requesting publicly available documents or answering an agency’s factual question, also fall outside because they do not aim to influence a decision.
Self-representation is not restricted. You can advocate for your own interests before any federal entity, even if your position happens to align with an outside group. The statute reaches representation of others, not personal advocacy.
Who Is Covered
Section 205 applies to every officer and employee of the United States across the executive, legislative, and judicial branches, including independent agencies.1Office of the Law Revision Counsel. 18 U.S. Code 205 – Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government Rank, pay grade, and branch do not matter. A congressional staffer, a federal judge’s law clerk, and a GS-7 analyst are all bound by the same rule. A parallel provision in subsection (b) extends similar restrictions to District of Columbia employees.
Active-duty military personnel count as federal employees for this statute, so service members face the same limits on representing private parties before federal entities. Civilian Defense Department staff are covered on the same terms as any other executive branch worker.
Special Government Employees
Special government employees (SGEs), such as advisory committee members and part-time consultants, are covered but with a narrower reach. An SGE is restricted only from representation on a specific-party matter that the SGE personally participated in as a government employee, or that is currently pending in the SGE’s department or agency.4Office of the Law Revision Counsel. 18 U.S. Code 205 – Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government – Section: Subsection (c) SGEs who have served fewer than 60 days in the preceding 365 days get a lighter version still: only the personal-participation bar applies to them.5U.S. Federal Labor Relations Authority. Ethics Rules for Special Government Employees (SGEs)
In practical terms, a scientist who sits on a federal advisory panel a few times a year can still represent private clients before unrelated agencies. A full-time employee has no such latitude.
Exceptions
The law carves out several situations where representation is permitted despite the general prohibition.
Family Members and Fiduciary Relationships
You can represent a parent, spouse, or child, with or without pay, even on a matter involving the government. The same exception covers anyone for whom you serve as guardian, executor, administrator, trustee, or other personal fiduciary.6Office of the Law Revision Counsel. 18 U.S. Code 205 – Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government – Section: Subsection (e) Siblings are not on the list. If your brother has a dispute with a federal agency, this exception does not cover you.
Two limits still apply. You cannot represent a family member on any matter you personally worked on as a government employee, and you cannot handle matters that fall within your official responsibilities. Both are absolute. You also need approval from the government official responsible for your appointment before taking on the representation.
Certain Nonprofit Organizations
You can represent, without compensation, certain nonprofit groups where a majority of members are current federal or DC government employees, or their spouses or dependent children.7Office of the Law Revision Counsel. 18 U.S. Code 205 – Activities of Officers and Employees in Claims Against and Other Matters Affecting the Government – Section: Subsection (d) A federal employee union, a professional association of government scientists, or a recreational club on a military base can qualify.
The exception has hard limits. It does not apply where the matter is a claim against the government, a judicial or administrative proceeding in which the organization is a party, or a grant, contract, or other agreement that would disburse federal funds to the organization. If the association is suing an agency or bidding on a government contract, the exception disappears.
Testimony Under Oath
Section 205 contains an exception for testimony under oath, which in theory allows a federal employee to serve as an expert witness even where the United States is a party.8U.S. Office of Government Ethics. 18 U.S.C. 205’s Exception for Testimony Under Oath The exception is narrower in practice. OGE reads the executive branch Standards of Ethical Conduct to prohibit compensated expert witness service in most cases where the government is a party or has a direct and substantial interest, unless the agency ethics official specifically authorizes it.9govinfo.gov. 5 CFR Part 2635 – Standards of Ethical Conduct for Employees of the Executive Branch – Section: 2635.805 Serving as a fact witness under subpoena is always permitted.
Penalties
Penalties run through 18 U.S.C. § 216, which covers all federal conflict-of-interest statutes. The punishment depends on whether the violation was willful.
- Non-willful violation: up to one year in prison, a fine, or both.
- Willful violation: up to five years in prison, a fine, or both.10Office of the Law Revision Counsel. 18 USC 216 – Penalties and Injunctions
Separately, the Attorney General can bring a civil action and seek a penalty of up to $50,000 per violation, or the amount of compensation the employee received or was offered for the prohibited conduct, whichever is greater.10Office of the Law Revision Counsel. 18 USC 216 – Penalties and Injunctions A civil penalty does not bar a separate criminal prosecution or administrative discipline for the same conduct.
Collateral consequences follow the formal ones. Employees found in violation can expect termination, loss of security clearances, and lasting damage to any future government career.
How the Law Is Enforced
Enforcement starts at the agency. Each agency’s Designated Agency Ethics Official (DAEO) is responsible for spotting potential violations through compliance reviews, financial disclosures, and employee reports.11U.S. Office of Government Ethics. Enforcement Responsibilities Agencies can take corrective or disciplinary action under 5 C.F.R. § 2635.106(b), including suspension, demotion, or firing.
When the DAEO finds evidence pointing to a criminal violation, the case typically moves to the agency Inspector General for a more formal investigation. If the IG concludes the evidence supports a prosecution, the matter is referred to the Department of Justice. Even when criminal charges are not pursued, administrative discipline can still follow.11U.S. Office of Government Ethics. Enforcement Responsibilities
Most § 205 cases resolve as administrative findings followed by discipline rather than criminal charges. The DOJ does prosecute, though, so the criminal risk is real for willful violations where the employee knew they were crossing the line.
What Changes When You Leave Government
Section 205 applies only while you are a federal employee. Its representation bar ends at separation. A related statute, 18 U.S.C. § 207, then takes over with post-employment restrictions.12Office of the Law Revision Counsel. 18 USC 207 – Restrictions on Former Officers, Employees, and Elected Officials of the Executive Branch The key restrictions for former employees are:
- Permanent ban on representing anyone before the government on a specific-party matter you personally and substantially worked on while in government.
- Two-year cooling-off period on matters that were pending under your official responsibility during your last year of government service.
- One-year restriction for former senior officials on contacting their former agency on behalf of anyone else on any matter.12Office of the Law Revision Counsel. 18 USC 207 – Restrictions on Former Officers, Employees, and Elected Officials of the Executive Branch
Penalties for § 207 violations mirror those for § 205 because both route through § 216. Anyone leaving federal service for a private-sector role that involves contact with the government should get a written opinion from their agency ethics office before making any representations on behalf of a new employer.