This is in response to your letter (with its attachments) of February 27, 1987.  By your letter, you request an opinion as to whether [a] former United States Attorney is disqualified from assisting his firm in representing [an individual] in cases with the United States Attorneys' offices [in districts other than the one in which he served].

From the submissions in this case, we find that various Federal districts and the Drug Enforcement Administration were engaged in an investigation of the importation and distribution of controlled substances.  [The former U.S. Attorney's office] participated in this matter.  An issue arose as to whether [the individual who the former U.S. Attorney now wishes to represent] should be prosecuted by other Federal districts.  The issue was a dispute among various Federal districts, in which the [former U.S. Attorney's office] participated, as to whether the Government should pursue prosecution of [the individual] or exploit his value as a witness against other individuals.  There has now arisen a situation in which [the individual] has been indicted by [a U.S. Attorney's office in a district other than the one in which the former U.S. Attorney served] on narcotics offenses that allegedly took place prior to the entry of a plea agreement in [a third district].  Under the terms of the plea agreement, it is purported that the United States is bound not to prosecute [the individual] for any other narcotics violations occurring before its entry.  [The former U.S. Attorney] now wishes to participate in his firm's representation of [the individual] with regard to enforcing the plea agreement and defending the charges.

Accordingly, we conclude that pursuant to 18 U.S.C. § 207(b)(i), [the former U.S. Attorney] is barred from representing [the individual] in matters relating to the plea agreement and narcotics prosecution as these are matters which were actually pending under his responsibility as [a] former United States Attorney for the [district in which he served].  See 5 C.F.R. § 737.7.  The material submitted indicates that these matters were actually pending through the termination of [the former U.S. Attorney's] Government service.  Therefore, under the statute, [he] is barred [for two years following his termination of service as U.S. Attorney for that district].

Sincerely,

David H. Martin
Director