B-151399, B-151458, MAY 31, 1963

B-151399,B-151458: May 31, 1963

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IT APPEARS FROM THE INFORMATION SUBMITTED THAT THE DEPUTY DIRECTOR OF THE TRAVEL SERVICE FELT THERE WAS A POSSIBILITY THE TRANSACTION MIGHT BE CONSIDERED TO HAVE INVOLVED A VIOLATION OF THE THEN EXISTING STATUTE 18 U.S.C. 434. IT IS NOT WITHIN OUR JURISDICTION TO DETERMINE WHETHER CRIMINAL STATUTES HAVE BEEN VIOLATED. WE BELIEVE THE FACTS ARE SUCH THAT YOU SHOULD OBTAIN THE VIEWS OF THE DEPARTMENT OF JUSTICE AS TO WHETHER THERE MAY HAVE BEEN A VIOLATION OF THE THEN EXISTING STATUTE 18 U.S.C. 434.

B-151399, B-151458, MAY 31, 1963

TO THE SECRETARY OF COMMERCE:

BY LETTER OF APRIL 29, 1963, YOUR GENERAL COUNSEL REFERRED TO US CERTAIN DATA PERTAINING TO A POSSIBLE CONFLICT OF INTEREST PROBLEM IN CONNECTION WITH THE AWARD BY THE UNITED STATES TRAVEL SERVICE OF A CONTRACT TO INTERPUBLIC, INC.

IT APPEARS FROM THE INFORMATION SUBMITTED THAT THE DEPUTY DIRECTOR OF THE TRAVEL SERVICE FELT THERE WAS A POSSIBILITY THE TRANSACTION MIGHT BE CONSIDERED TO HAVE INVOLVED A VIOLATION OF THE THEN EXISTING STATUTE 18 U.S.C. 434. AS YOU MAY BE AWARE, IT IS NOT WITHIN OUR JURISDICTION TO DETERMINE WHETHER CRIMINAL STATUTES HAVE BEEN VIOLATED. SEE 37 COMP. GEN. 776.

WHILE WE THEREFORE DO NOT FEEL WE SHOULD EXPRESS AN OPINION ON THIS QUESTION, WE BELIEVE THE FACTS ARE SUCH THAT YOU SHOULD OBTAIN THE VIEWS OF THE DEPARTMENT OF JUSTICE AS TO WHETHER THERE MAY HAVE BEEN A VIOLATION OF THE THEN EXISTING STATUTE 18 U.S.C. 434.

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