DAAG Settles Post-Government Employment Violation
The Deputy Assistant Attorney General (DAAG) of the Information Resources
Management (IRM) office within the Department of Justice left Government service in January
1999. In his former position, he had managed the various functions of the IRM office, which is
responsible for maintaining, assessing, designing, and procuring the information systems and
telecommunications for the Department of Justice. At all pertinent times, he was paid at the rate
of level 5 of the Executive Service pay scale. After the former DAAG left Government service,
he joined Science Applications International Corporation (SAIC). On April 7, 1999, now
working for SAIC, the former DAAG telephoned the Acting DAAG of IRM. He told the Acting
DAAG that he knew that the Department of Justice was considering not using SAIC on a new
contract, and stated that such action might require a payment to SAIC, which could, in turn,
trigger the Anti-Deficiency Act because budgeted funds would have been exceeded.
The Government maintained that the former DAAG’s conduct violated 18 U.S.C. 207(c),
a criminal statute that prohibits a former senior employee from communicating to or appearing
before employees of his former department or Agency for one year after leaving the
Government, on behalf of another, with the intent to influence official action.
Pursuant to a civil settlement agreement signed by the parties in August 2000, the former
DAAG paid the Government $30,000, and the Government released him from its claims.
Civil Complaint Filed Against FDA Chemist for Post-Employment Activities
According to the Government's civil complaint, the accused chemist was employed by
the United States Food and Drug Administration (FDA) in the Office of Generic Drugs (OGD)
for a period of approximately two years. In that capacity, the chemist performed reviews of
Abbreviated New Drug Applications (ANDAs) submitted by pharmaceutical companies seeking
to gain approval to manufacture and market generic versions of innovator drugs. Shortly before
leaving employment with the FDA, the chemist completed the first-level chemistry review of a
pharmaceutical company’s ANDA for Miconazole Nitrate Vaginal Creme 2%, an alleged generic
equivalent to the prescription drug Monistat-7. His review consisted of an extensive analysis of
the chemical components, manufacturing process, testing methods, and labeling requirements of
the product. Approximately two years later, the chemist commenced employment as Vice
President of Regulatory Affairs and United States Agent for the same pharmaceutical company.