About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-241970.2 1 (1991-07-29)

handle is hein.gao/gaobadnxl0001 and id is 1 raw text is: ~44\L\. %~ Conbever Genenl WaWWbOin, DAC f Decision Matter of: Smithsonian Institution Use of Appropriated Funds for Legal Representation of Officers and Employees File: B-241970.2 Date: July 29, 1991 DIGEu Appropriated funds of the Smithsonian Institution are not available to provide litigative services to federal employees unless the Attorney General determines that representation of the employee would be in the interest of the United States but cannot be provided by the Justice Department. Based on the record submitted to this Office, we conclude that the Smith- sonian should not have used appropriations to finance the legal defense of a Department of the Interior employee detailed to the Smithsonian who became the subject of multiple federal civil and criminal investigations, and should not spend any additional appropriated funds for this purpose unless the Justice Department, based on evidence not made available to us, certifies that representing Dr. Mitchell is in the government's interest. DECISION In a letter dated January ;9, 1991, the Under Secretary-of the Smithsonian Institution asked this Office to review the Smith- sonian's use of appropriated funds to pay a private lawyer to defend Dr. Richard Mitchell)(a Department of the Interior employee, detailed to the Smithsonian) against charges stemming from federal civil and ctfhiinal investigations. Among 0ther things, Dr. Mitchell is alleged to have facilitated violations of the U.S. Endangered Species Act, 16 U.S.C. S 1531 (1988), and engaged in unlawful financial arrangements in conflict with his official responsibilities. As explained below, we conclude that the Smithsonian should not have used appropri- ated funds to pay Dr. Mitchell's attorney, and should spend no further federal funds for Dr. Mitchell's attorney fees unless the Attorney General certifies that representing Dr. Mitchell is in the government's interest. BACKGROUND Dr. Richard Mitchell is employed as a staff zoologist by the Department of the Interior's (DOI) Fish and Wildlife Service. His responsibilities there involve him in the implementation and enforcement of the Endangered Species Act and other simi- lar laws. Over the past decade, Dr. Mitchell has traveled extensively in the People's Republic of China (China) and

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most