way supplements the salary of, any such officer or employee under circumstances which would
make its receipt a violation of this subsection--
Shall be fined not more than ,000, or imprisoned not more than one year or both."
At first, this may look like the gratuities subsections (201f and 201g), but it is broader in intent than
the gratuities prohibitions. The intent of this statute is to avoid divided loyalties. The rationale is that
the government employee will be paid only by the government and will have allegiance only to the
government. Section 201 is a felony. Section 209 is punishable by one year, and is a lesser included
offense. Persons charged with 201 violations frequently offer to plead guilty to a 209 violation, which is
not a felony.
F. 18 USC 203 - Compensation to Members of Congress, officers, and others in matters affecting the
Government.
1. Whoever, otherwise than as provided by law for the proper discharge of official duties, directly
or indirectly receives or agrees to receive, or asks, demands, solicits, or seeks, any compensation for
any services rendered or to be rendered either by himself or another--
a. at a time when he is a Member of Congress, Member of Congress Elect, Delegate from the
District of Columbia, Delegate Elect from the District of Columbia, Resident Commissioner,
or Resident Commissioner Elect; or
(1) at a time when he is an officer or employee of the United States in the executive,
legislative, or judicial branch of the Government, or in any agency of the United States, including the
District of Columbia, in relation to any proceeding, application, request for a ruling or other
determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter in
which the United States is a party or has a direct and substantial interest, before any department,
agency, court-martial, officer, or any civil, military, or naval commission, or
(2) Whoever, knowingly, otherwise than as provided by law for the proper discharge of
official duties, directly or indirectly gives, promises, or offers any compensation for any such services
rendered or to be rendered at a time when the person to whom the compensation is given, promised, or
offered, is or was such a Member, Delegate, commissioner, officer, or employee--
"Shall be fined not more than ,000 or imprisoned for not more than a year, unless the
act was willful in which event the imprisonment is not more than five years, or a fine and imprisonment;
and shall be incapable of holding any office of honor, trust, or profit under the United States."
MP1022
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