U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Ch1'efCounset Washington, DC 20226 2 3 -Lifjlz MEMORANDUM TO: William G. McMahon Deputy Assistant Director FROM: Deputy Designated Agency Ethics Official SUBJECT: Request for Outside Employment The Deputy Designated Agency Ethics Official of the Bureau of Alcohol, Tobacco, Firearms and Explosives' or "Agency") issues formal determinations where Federal ethics laws could apply. This memorandum serves as the DDAIEC-'s determination on your request to engage in outside employment that was received by the Office of Chief Counsel on July 6, 2012. You seek approval to engage in outside empioyment with JP Morgan Chase, as supervisor in their Global Security and Investigations Division. You anticipate engaging in this outside employment while on extended leave. Your request to engage in outside employment is approved, subject to the following conditions: (1) Ordinarily, personal activities on behalf of outside organizations should not be conducted at the expense of the Government in terms of time or money. Agency resources, including mail, e-mail, telephones, fax machines, and government furnished vehicles should not be used for outside employment. See 5 CFR 2635.704assign other ATF employees to assist you in these outside activities. See 5 CFR (3) Your supervisor may not authorize administrative time for this outside activity where there is no benefit to the Agency, consistent with the rules applicable to administrative time. See 5 CFR 2635.7U2(b) and 1630.113, Chapter 1, 1] (5) (1991). (4) The Agency does not control or direct employees in outside activities undertaken in an individual capacity. You should take care to ensure that your actions and any positions William G. McMahon - 2 - AED-I2-205829 taken while participating in these activities are recognized as your own, and not those of the Agency. See 5 CFR 2635.702. (5) You may not use your official position to endorse any non-Federal entity, or finther any private or non-Federal proprietary interest, including your own outside employment. See 5 CFR (6) When you become aware that any potential, current, or past coworker, client, student, or advisee: a) is the subject of a criminal investigation or matter; b) has interests that are regulated by c) does business with or seeks to do business with or d) becomes involved with ATP in any way you must immediately bring this to the attention of your first level supervisor and seek the assistance of the Office of Chief Counsel. (7) You must avoid any involvement in Federal, State, or local criminal matters, investigations, or litigation outside of those matters assigned to you in your official capacity as an ATF employee (5 CFR 380] .106(h)(ii) This does not prevent you from reporting a crime or pressing charges as a private citizen. (8) You may not advance your outside employment or activity by contracting with the Federal Government or any ATP licensee, contractor, or vendor as this may create the appearance of using your official position for private gain or the private gain of your employer (5 CFR 2635.30l(c) and ATP Order 2130.2 (9) Generally, you may not represent anyone, including yourself or your business, before ATF or any other Federal entity, with or without compensation, on a matter in which the Government is a party or has a substantial interest. See 18 203, 205. This prohibition applies whether you render the representation personally or share in compensation from someone else's representation. (10) You may not represent that any of your recommendations are endorsed by ATP or DOJ, or reflect ATP or DOJ policy, nor may you rely upon any nonpublic information to your private interests or that of another whether through advice or recommendation or by knowing unauthorized disclosure. See 5 CF (11) Your primary duties are with ATF. In the event that this outside employment interferes with your ATF duties, you may be required to cease your outside employment. (12) You must update your first and second level supervisors as to the status of your outside employment request armually (on the anniversary of its approval), regardless of whether any substantive changes are made to the outside employment. This update should be provided by e-mail. ATF Order 2130.2, 1] 34b (1 O). William G. McMahon - 3 - If any of the information I have relied upon in reviewing your request is incorrect or if it changes, please contact Anthony N. Torres, (202) 648-7121, at the Office of Chief Counsel. Melanie Stirmett cc: Julie Torres, Assistant Director U.S. Department of Justice Bureau of Alcohol, Tobacco, Firearms and Explosives Request ta Engage in Outside ent General Provisions: All outside employment must be approved in advance on this form in accordance with ATP Order 2735.]. See instructions on reverse. onto 31 It Q. Part 1 - (To be completed by employii?f I l. Last Name 2. First Name 3. Middle Name 4. Title . Position 15. Grade -r '1 William Gerard Deputy 12:11 7. Directcratel'l)ivisionfBranch 3. Organization Mailing Address 9. Telephone Number NCW AV3, Washington, 10. Name Employer or Firm 1. Address of Prospective Employer 12. Type of Business JP Morgan Cahse 27G Park Ave, New York, New York Banking 13. Days of Work and Hours 14. Duration Indgfinjtg Temporary (Month and year) Days of Work Sunday Monday Tuesday Wednesday Thursday Friday Saturday From: July 2012 Hours To: 15. Brief Statement of Prospective Duties Working for JP Morgan Chase in their Global Security and Investigations Division conducting internal investigations and supervising security matters to include global operations for this multinational business. The work would be conducted on a full time bases while on extended leave from The work would not involve any matters associated with ATF's business. While I was on extended leave this work would not interfere with any ATF operational matters. Allie You Now Engaged lnflutside Employment'? Yes No El 17- N3-mt-3 0fFl1"T| 0" Days of Work Sun Mon Tue Wed Thur Fri Sat Hours 18. Certification nflimployee I hereby certify that my services in connection with the outside employment or business refeired to above will not conflict with my duties as an employee of the Bureau of Alcohol, Tobacco, Firearms and Explosives and that the statements made herein are complete and correct to the best of my knowledge. '1 19. Signature 20. Date 6.325390 1 2 Part II Recommendation of Supervisory Dffieials Explain in Remarks on Reverse) Approved Disapprovcd, Signajure Typed Name and Title Date -Java! 75065 /lsers-raw often 2-9 I Part - Approval of Request Explain in Remarks on Reverse) Approved Deputy Assistant Dir tor Signature Typed Name and Title Date rV I J'-let Part IV - Legal Review (See Item 3 on Reverse) Approved Disapproved Chief Counsel or Designee Si gnaturc Typed Name and Title Date 1' 1 Melanie S. Depot-I4 ciselalcattnsat ATFForrn2i3l.1 Revised May 2005