United States of America, Plaintiff-Appellee, Company Manual

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The deliberation, discussion, or conference upon the terms of a proposed agreement; the act of settling or arranging the terms and conditions of a bargain, sale, or other business transaction." (688). He also argued he never acted as an agent for TBE.

Holding of the Court

Schaltenbrand's petition for a rehearing was granted. His conviction on the first statute, prohibiting former government employees from representing private parties before the government on matters in which they previously worked for the government was upheld, but not the second statute which prohibited former government employees from representing private parties before the government on matters in which they previously worked for the government

Court's Rationale or Reasoning for its Decision

By offering himself to TBE, including offering to learn Spanish, the court deemed that he was clearly 'negotiating' with the organization while still an officer in violation of the first relevant statute.

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"Again, there is no dispute that Schaltenbrand had been an officer of the executive branch or that he was involved personally and substantially in the Mexican Project" (690). However, while the second statute prohibits acting as "agent or attorney for, or otherwise represent[ing]" an organization with which the agent worked previously as a member of a government, the term "agent is not defined in the statute" (690). The court "discovered no cases interpreting the term as it pertains to the statute" leading the court to conclude there was insufficient evidence that Schaltenbrand acted….....

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