United States v. Sun-Diamond Growers of Cal., 526 U.S. 398, 13 (1999)

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410

UNITED STATES v. SUN-DIAMOND GROWERS OF CAL.

Opinion of the Court

which the United States has a direct and substantial interest, § 205(a)(2); for various types of federal employees to engage in various activities after completion of their federal service, § 207; for an Executive employee to participate in any decision or proceeding relating to a matter in which he has a financial interest, § 208; for an employee of the Executive Branch or an independent agency to receive "any contribution to or supplementation of salary . . . from any source other than the Government of the United States," § 209; and for a federal employee to accept a gift in connection with the "compromise, adjustment, or cancellation of any farm indebtedness," § 217. A provision of the Internal Revenue Code makes it criminal for a federal employee to accept a gift for the "compromise, adjustment, or settlement of any charge or complaint" for violation of the revenue laws. 26 U. S. C. § 7214(a)(9).

And the criminal statutes are merely the tip of the regulatory iceberg. In 5 U. S. C. § 7353, which announces broadly that no "employee of the executive, legislative, or judicial branch shall solicit or accept anything of value from a person . . . whose interests may be substantially affected by the performance or nonperformance of the individual's official duties," § 7353(a)(2), Congress has authorized the promulgation of ethical rules for each branch of the Federal Government, § 7353(b)(1). Pursuant to that provision, each branch of Government regulates its employees' acceptance of gratuities in some fashion. See, e. g., 5 CFR § 2635.202 et seq. (1999) (Executive employees); Rule XXXV of the Standing Rules of the Senate, Senate Manual, S. Doc. No. 104-1 (rev. July 18, 1995) (Senators and Senate Employees); Rule XXVI of the Rules of the House of Representatives, 106th Cong. (rev. Jan. 7, 1999) (Representatives and House employees); 1 Research Papers of the National Commission on Judicial Discipline & Removal, Code of Conduct for U. S. Judges, Canon 5(C)(4), pp. 925-927 (1993) (federal judges).

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