According to the general principles of federal ethics, “Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or … ethical standards …" "Whether particular circumstances create an appearance that the law or these standards have been violated shall be determined from the perspective of a reasonable person with knowledge of the relevant facts.”A reasonable person aware of Hinman’s full conflict of interest in all matters involving Simpson Thacher may perceive Hinman’s actions affecting
Ethereum
as being a conflict of interest after Simpson Thacher joined the Enterprise Ethereum Alliance.
Hinman may have violated the criminal prohibition against personally and substantially participating in particular matters that would have a direct and predictable effect on the financial interest of entities whose interests could be imputed to him.
Even if all of the statutory elements are not met in order make his actions a criminal violation of 18 USC § 208, those actions still violate ethics regulations.
Hinman violated ethics regulations & created enough of an appearance of a potential criminal violation that an official investigation by the SEC IG, OGE, and/or DOJ is necessary ...
...to make the determination of any potential criminality and to restore the public trust in the SEC's impartiality. Even if an investigation determines that Hinman’s actions did not rise to the level of a criminal violation of 5 USC § 208...
...Hinman violated ethics requirements and should be investigated by the SEC, OGE, and/or DOJ and potentially disqualified from appearing or practicing before the Commission in the future.
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