Legal Flashcards

Question

risk adverse & leadership

Answer 1

we often fail to do things based on the optics b/c of how they will be perceived

Answer 2

"if you haven't been investigated at a certain time in command, you aren't invested enough - promotions withheld, long years...

Answer 3

- how could that be perceived? - how will it be paid (on the company card?) - who are they/what power/influence do they have - set limits in advance - what are you doing? is there a contract pending? (factors: what may be good at one time may not be good as other) - most ethical dillemas are gray ares - what card is paid? if on travel, per diem card could pay 0- can pay on own card and file a travel claim so still can be slipped in 0 capacity in which friend reconnected (recent talk or not?)

Answer 4

gray areas (BUT a lot of ethics rules start with "no...then exceptions...)

Answer 5

solicitations are always prohibited - NEVER ask for a gift ("do you offer a military discount means "is this available but dont' ask for yourself"

Answer 6

Huntington Ingalls

Answer 7

- largest military shipbuilding company in the US plus provider of professional services to partners in government and industry

Answer 8

builds military aircraft, missile, space systems

Answer 9

military contract. a large aerospace and defense technology company - advanced defense, commercial technologies (air/land/sea/space/cyber) - accused of knowingly providing the US mil w/optics that failed in extreme temperaturs and humid weather)

Answer 10

major US defense contractor - 78% of its revenue comes from military sales - variety of highly effective & reliable weapons systems (e.g.

Answer 11

Boeing L3 Humana Geneal Dynamics Huntington Ingalls Lockheed martin - big $ spenders/contracts. so watch for interactions and inappropriate gifts - even a major stockholder who will be affected by military contract

Answer 12

personal gain...unlawful influence

Answer 13

Fat Leonard began grooming JOs years ago - played a long game - first gift? no one cares. later it matters

Answer 14

test if the gift would have been given if the employee had not held the status, authority, or duties associated w/federal position - that includes receiving a gift b/c you are military - DON"T USE POSITOIN FOR PERSONAL GAIN

Answer 15

1. is this actually a gift? 2. if it is, does an exception apply 3. even if I can, should I? - if you normally would have t pay for it, it is a gift

Answer 16

3 part analysis for gifts 1. is this actually a gift? 2. if it is, does an exception apply? 3. even if I can, should I? - if you'd normally have to pay for it, it is a gift if someone does a service for all similar (magic show free to hospitals), that is okay. not a fit - BUT if someone does something that costs $ (time = value cost) then you must calculate

Answer 17

- modest refreshments (coffee/donuts. food not considered a meal. finger foods ok. once you get to a lunch buffet that becomes a meal. COs may take a cup and pay fair market value and make an options payment - plaques, certificates, trophies - commercial discounts made available to the public - things like first pitch

Answer 18

modest refreshments ok (e.g. coffee/donuts, finger foods) - once it becomes a lunch buffet it becomes a meal - COs may take a cup and pay fair market value. make it obvious thatp

Answer 19

modest refreshments (coffee/donuts/finger foods) are ok b/c not a meal - once it becomes a lunch buffet, that is a meal CO must make an obvious show of paying fair market vlue for anything mroe

Answer 20

ask: "Does it have intrinsic value?" - no intrinsic value and presentation only is ok - e.g. $600 bowl at a conference has value so can't keep - ballcaps have intrinsic value. can't accept b/c value BUT okay if market value is under $20

Answer 21

commercial discounts available to the public, government employees... are okay as long as they are open to all - can't give a military discount only to, say, a CAPT - (e.g. giving all O6s $100 off...) - must be open to all who present themselves. can limit like (first 20 who come...)

Answer 22

okay to throw out 1st pitch but general attendence only. can't go up to private box in uniform

Answer 23

"$20/$50 rule" - $20 per occasion per yaer - can get from multiple sources * rule since 1970s. Congress almost got rid of teh rule. humber has not gone up - $480 limit from foreign countries b/c we don't want to look rude. number goes up q3yrs - always check with JAG

Answer 24

$20/$50/$480(?) limit - decline/return/pay fair market price check with a JAG - do not accept if gift is of value, timing of the gift creates the appearance of seeking to influence, knowledge of relevant facts makes you question integrity or impartiality

Answer 25

cover your assess

Answer 26

mil can accept on behalf

Answer 27

an individual sailor can keep gifts below $20

Answer 28

they are not in a position to influence contracts - unsolicited gifts not cash from charitable/veteran sources and not intended o influence their official duties or gifts to service members with qualifying illnesses/injuries/deaths

Answer 29

return to donor, pay market value and keep receipts, share with office, donate to charity, if over $100, may accept on behalf of USN/USMC

Legal Flashcards

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