Is Polygrapher Jack Trimarco Misusing FBI Seal?

[George W. Maschke]

It has been brought to my attention that a graphic currently displayed on the website of retired FBI polygraph examiner Jack Trimarco, who is now in private practice, may constitute a violation of federal law:



The FBI website warns that "Sections 701 and 709 of Title 18, United States Code...prohibit the unauthorized use of the FBI seal or the use of the words 'Federal Bureau of Investigation,' the initials 'FBI,' or any colorable imitation of these words and initials 'in a manner reasonably calculated to convey the impression that such [activity] . . . is approved, endorsed, or authorized by the Federal Bureau of Investigation.'"

Section 709 appears to be the more applicable one. It states in relevant part:

Whoever, except with the written permission of the Director of the Federal Bureau of Investigation, knowingly uses the words ''Federal Bureau of Investigation'' or the initials ''F.B.I.'', or any colorable imitation of such words or initials, in connection with any advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, in a manner reasonably calculated to convey the impression that such advertisement, circular, book, pamphlet or other publication, play, motion picture, broadcast, telecast, or other production, is approved, endorsed, or authorized by the Federal Bureau of Investigation...

...Shall be punished as follows: a corporation, partnership, business trust, association, or other business entity, by a fine under this title; an officer or member thereof participating or knowingly acquiescing in such violation or any individual violating this section, by a fine under this title or imprisonment for not more than one year, or both.

Perhaps the director of the FBI has indeed granted Mr. Trimarco written permission to use the FBI seal to advertise his polygraph services. But whether or not such is the case, such use of the FBI seal seems rather unseemly to me.

[George W. Maschke]

Jack Trimarco has removed the FBI seal from his website, replacing it with a stylized U.S. flag design:

http://www.jacktrimarco.com

UPDATE: An observant reader points out, "If you look carefully, the FBI seal is still incorporated in the new design. It is in subdued black behind the wording 'Trimarco and Associates' on the right side of the masthead, opposite the stylized flag."