The court of appeals affirmed a judgment of the district court. The court held that criminal liability under 18 U.S.C. §208 for participation in a contractual business transaction in which a federal employee had a conflict of interest could be premised on acts taken after the initial procurement was authorized.
Jane Selby (Selby) was employed in an administrative position by the Bonneville Power Administration (BPA). Scott Selby, her husband, became employed as a salesman by Knowmadic, Inc., a software company which was seeking to expand the scope of an existing agreement to sell software (“ASCI”) to BPA. Selby had approached Knowmadic about hiring her husband and recommended him.
