WASHINGTON, July 29, 2005 (PRIMEZONE) -- Former U.S. Department of Education Undersecretary for Safe & Drug-Free Schools Eric Andell's case was resolved Friday with an order for unsupervised probation, community service and a fine.
In an agreement with the Justice Department Andell pleaded guilty to one misdemeanor charge of unlawful conflict-of-interest. In April 2005 Andell reimbursed the Department of Education for all questioned expenses.
The ruling called for one year unsupervised probation, 100 hours of community service and a $5,000 fine.
"From the beginning I have taken full responsibility for the violation of the conflict of interest statute," said Andell.
"I have always been keenly aware of the privilege and the responsibility of serving the public and I am eager to regain the trust of the community I've served for so long."
FACT SHEET CONFLICT OF INTEREST STATUTE -- The federal conflict of interest statute is located at 18 U.S.C. Section 208. It prohibits federal officials from "participat(ing)" in any government matter in which the official "has a financial interest." It states in relevant part: (W)hoever, being an officer or employee of the executive branch of the United States Government, ... participates personally and substantially as a Government officer or employee ... in ... (a) particular matter in which, to his knowledge, he ... has a financial interest ... (s)hall be subject to the penalties set forth in section 216 of this title. -- The penalties for a violation of the federal conflict of interest statute are set forth in 18 U.S.C. Section 216. The first subsection of this provision -- the only subsection with which Eric Andell was charged -- describes a misdemeanor. It states that a person who violates the statute "shall be imprisoned for not more than one year." 18 U.S.C. Section 216(a)(1). By definition, an offense that is limited to one year imprisonment or less is a misdemeanor. The subsection described above does not apply when a person acts "willfully." In such a case, the provision's second subsection applies. This second subsection makes it a felony to "willfully" violate the statute. 18 U.S.C. Section 216(a)(2). The government did not charge Eric Andell with a "willful" violation under this more severe subsection. -- A violation of the conflict of interest statute is not fraud. Fraud is a distinct and more serious offense that is located in an entirely different provision of the U.S. Code (18 U.S.C. Section 1341). The government did not charge Mr. Andell with fraud. It charged him only with conflict of interest. -- The U.S. Supreme Court has described the federal conflict of interest statute as follows: (T)he statute does not specify as elements of the crime that there be actual corruption or that there be any actual loss suffered by the government as a result of the defendant's conflict of interest. This omission indicates that the statute establishes an objective standard of conduct, and that whenever a government agent fails to act in accordance with that standard, he is guilty of violating the standard, regardless of whether there is positive corruption. The statute is thus directed not only at dishonor, but also conduct that tempts dishonor. This broad proscription embodies a recognition of the fact that an impairment of impartial judgment can occur even in the most well-meaning men when their personal economic interests are affected ... To this extent, therefore, the statute is more concerned with what might have happened in a given situation than with what actually happened ... United States v. Mississippi Valley Generating Co., 364 U.S. 520 (1961) (discussing predecessor statute to 18 U.S.C. Section 208).