I own a business, what do I do

[utswimmer37]

I posted this on another thread but I wasnt sure who to ask. If we own a business are we able to retain ownership rights and continue to receive proceeds or do we need to transfer ownership and are not able to receive proceeds from said business anymore?

 

[ea6bflyr]

I've known lots of people that owned businesses on the side. You should be able to keep your business as long as there is no conflict of interest.

 

[wink]

Yup, nothing in the contract or commission doc says anything about divesting from a business. Like ea6b said, it is about conflict of interest. No conflict, you are good to go. You selling tires to the Navy or have a McDonalds franchise on base, another story. If in doubt maybe your recruiter can put you in touch with a JAG or run it up the flag pole himself. I had occasion to set up a candidate with a JAG a couple times for a few questions back in the day. No biggie.

 

[utswimmer37]

Yup, nothing in the contract or commission doc says anything about divesting from a business. Like ea6b said, it is about conflict of interest. No conflict, you are good to go. You selling tires to the Navy or have a McDonalds franchise on base, another story. If in doubt maybe your recruiter can put you in touch with a JAG or run it up the flag pole himself. I had occasion to set up a candidate with a JAG a couple times for a few questions back in the day. No biggie.

thanks everyone. big help. I'm good then but I guess all government contracts are off the table.

 

[Pags]

thanks everyone. big help. I'm good then but I guess all government contracts are off the table.

Not necessarily. You just need to ensure that there's no conflict of interest as determined by legal professionals.

 

[utswimmer37]

Not necessarily. You just need to ensure that there's no conflict of interest as determined by legal professionals.

Got it. Once you're in is JAG available for a sleeve tug or are you looking at spending money?

 

[Renegade One]

Got it. Once you're in is JAG available for a sleeve tug or are you looking at spending money?

We're discussing this on two different threads, I think. Can you collapse them down to one? Some good replies on both.

Yes, once you're "in", the local NLSO (Navy Legal Services Office) is a walk-in away. I'd think that getting this clarified beforehand would be better, but probably your OR could give a far better vector.

Your business, of course, and if you'd rather not say…fine. What is it that "your business" does? That might help with more informed responses.

 

[nittany03]

I would make damn sure you've got a good crew running it. It would be very hard to be a flight stud/first tour JO and dedicate a significant amount of time to running a business. And if you drop the ball on either of those because "I was taking care of my side business," God help you.

 

[Hozer]

Don't buy the NLSO or "walk-in" line at all. If you have any concerns, I recommend you retain private counsel specializing in government contract law and are Martindale-Hubbell database rated.
Your local American Bar Association will gladly refer you to qualified firms and the Veteran fraternity will serve you well.

PM if you need a grid.

 

[CAVU]

I posted this on another thread but I wasnt sure who to ask. If we own a business are we able to retain ownership rights and continue to receive proceeds or do we need to transfer ownership and are not able to receive proceeds from said business anymore?

- You can own the business, no problem. I know of several naval aviators who owned businesses prior to joining and still owned them when the left the service.
- Don't forget your priorities as mentioned by a few already
- When it comes to conflict of interest advice, you can start with any JAG, but if it is about contracting with DOD, you need to seek a JAG at one of the systems commands and have your attorney be a part of that discussion. Acquistion JAGs know the rules better than anyone in this regard. If you are not involved in acquisition at the syscom or pentagon, there will most likely be no issues. BUT go talk to a acquisition JAG professional.

 

[jcj]

To add to Hozer & CAVU, regarding attorneys remember who the client is. The client of the JAG is the U.S. Government, including the Navy - includes you (once you're in) as long as you aren't crossways with the Navy. They can probably give you good acquisition related advice. A qualified personal attorney costs you a few $, but the client is you and your business and his/her sole purpose is to keep your bacon out of the pan. If your business has any potential connection to the Navy or government acquisition, you might consider both. Some of the best money I've ever spent is on good lawyers (early in the process).

 

[utswimmer37]

We're discussing this on two different threads, I think. Can you collapse them down to one? Some good replies on both.

Yes, once you're "in", the local NLSO (Navy Legal Services Office) is a walk-in away. I'd think that getting this clarified beforehand would be better, but probably your OR could give a far better vector.

Your business, of course, and if you'd rather not say…fine. What is it that "your business" does? That might help with more informed responses.

My business builds pricing packages for proposals. My background is in utilities and defense. Being that many military bases are privatizing and outsourcing their utilities operations there is strong potential for "work" in this arena. It takes very little overhead to do this and I can do it from anywhere. So if I'm not bouncing around in the ocean and the opportunity presents itself I personally would be able to take on small projects but others I could outsource. And granted hopefully I'll have a job with the navy in a couple of months and putting food on the table won't consist of me looking for income. It would definitely take a back seat but money is money so I'd hate to turn it down if I don't have to. My goal is to be an officer first and now that I have pro y for pilot it's to put my ass in the seat of a naval aircraft. That is at the forefront of my mind and will have my full attention until I hear that the Navy no longer needs my services or I hit year 30. Thanks for the advice everyone. This is a topic I didn't see much info for so thought I would ask. This has been a big help.

 

[wink]

...The client of the JAG is the U.S. Government, including the Navy - includes you (once you're in) as long as you aren't crossways with the Navy...

JAGs, even those in the NLSO, have sailors as clients. There is no conflict with big Navy. Even if crosswise with the Navy, as in UCMJ, a JAG appointed will represent the military member wholly and completely with no conflict. That is his ethical duty. If simply consulting with a staff JAG doing acquisition work for a syscom, or some sort of thing, well yes, he represents one party already. That is why he likely won't give specific advise on a particular deal. To do so would be unethical and for a JAG is the sort of thing that could have career implications.

 

[nittany03]

JAGs, even those in the NLSO, have sailors as clients. There is no conflict with big Navy. Even if crosswise with the Navy, as in UCMJ, a JAG appointed will represent the military member wholly and completely with no conflict. That is his ethical duty. If simply consulting with a staff JAG doing acquisition work for a syscom, or some sort of thing, well yes, he represents one party already. That is why he likely won't give specific advise on a particular deal. To do so would be unethical and for a JAG is the sort of thing that could have career implications.

Bingo. I've been very impressed with the willingness of most Navy JAGs (barring one douchebag; they're everywhere) to use their training to at least try to make life easier. Especially as a put-upon new Legal O who studied his ass off in school but didn't know shit from shinola about the real Fleet. But there is one issue they always have to keep in mind . . . who is the client? The CSG JAG I interacted with when my squadron first changed from exped to CSG-11 was freaking awesome, and a change from a shitbird LN1 who I had been dealing with, and who shall remain nameless and billetless. But that was the one issue she told me right up front. To wit: give me the anonymized, general version of what's going on first, because my first job is to recuse myself from giving any advice which would make it unethical for me to later advise the Admiral. For obvious reasons.

For new JOs, I've found that it's worth making connections with instructor JAGs and others in the area where you go to Legal O Skool, regardless if you're ultimately stationed there or not. I've found that any JAG in any billet is usually happy to give advice if they're not busy (previous doucher excepted). After all, it's their job. The only exception is if the rules of ethics require them to recuse themselves so they can serve their boss. Nine times out of ten, they're a fellow LT or LTJG. And if there's no chance that your CO and their boss will ever be on opposite sides of a case, you've probably got someone who will help you look good to the front office by fielding your dumb questions on the down low.

 

[CodyLand]

I too own a business and appreciate the solid advice on this thread. I have been pondering this question and think I just found the perfect place to ask. At the next SNA/NFO board, should I mention my business as an example in leadership/ingenuity to help sell myself? Or perhaps is it best to leave this topic untouched at the board to deter any possible thoughts from board members of lack of motivation/commitment to the Navy?