(a) During the time period in which a retained
entity is seeking an arrangement and during the
term of any arrangement, a retained entity, its
officers and partners, and its employees shall
(1) Accept or solicit favors, gifts, or other
items of monetary value from any individual or
entity whom the retained entity, officer, partner,
or employee knows is seeking official action from
the Treasury in connection with the arrangement or
has interests which may be substantially affected
by the performance or nonperformance of duties to
the Treasury under the arrangement.
(2) Improperly use or allow the improper use of
Treasury property for the personal benefit of any
individual or entity other than the Treasury.
(3) Make any unauthorized promise or commitment
on behalf of the Treasury.
(b) Any individual who acts for or on behalf of
the Treasury pursuant to an arrangement shall
comply with 18 U.S.C. 201, which generally
prohibits the direct or indirect acceptance by a
public official of anything of value in return for
being influenced in, or because of, an official
act. Violators are subject to criminal
(c) Any individual or entity who provides
information or makes a certification to the
Treasury that is relating to services under EESA
or required pursuant to 31 CFR Part 31 is subject
to 18 U.S.C. 1001, which generally prohibits the
making of any false or fraudulent statement to a
federal officer. Upon receipt of information
indicating that any individual or entity has
violated any provision of title 18 of the U.S. Code or other provision of criminal
law, Treasury shall refer such information to the
Department of Justice and the Special Inspector
General provided for under EESA.
(d) A retained entity shall disclose to the
Special Inspector General provided for the TARP,
or the Treasury Office of the Inspector General,
any credible evidence, in connection with the
designation, services, or closeout of the
arrangement, that a management official, employee,
or contractor of the retained entity has committed
a violation of Federal criminal law involving
fraud, conflict of interest, bribery, or gratuity
violations found in Title 18 of the United States
Code, or a violation of the civil False Claims Act
(31 U.S.C. 3729-373 3).
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.