2022 Investigative Summary 5

INVESTIGATION OF ALLEGED FALSE AND MISLEADING STATEMENTS TO THE COURT AND TWO DEPARTMENT COMPONENTS AND IMPROPER STATEMENTS TO THE GRAND JURY

A U.S. Attorney’s Office advised OPR that a court had found that it had been misled by statements and omissions in a government pleading responding to a defense request for discovery in a high-profile criminal case.  After a thorough investigation, OPR determined that the Assistant U.S. Attorney (AUSA) leading the prosecution acted in reckless disregard of his general duty of candor to the court when he denied allegations in the defense pleading that certain statements had been made to the grand jury, a denial which OPR determined was inaccurate and misleading.  OPR also determined that the AUSA violated the rules of professional conduct when he intentionally made multiple false and misleading statements about the pleading to the Professional Responsibility Advisory Office when seeking its advice and to OPR during its investigation. 

With respect to allegations concerning the prosecutors’ statements to the grand jury, OPR concluded that the lead AUSA engaged in reckless misconduct when he made irrelevant and potentially prejudicial comments to the grand jury in violation of Department standards and also exercised poor judgment with respect to several additional prejudicial statements he made to the grand jury.  OPR concluded that the second AUSA exercised poor judgment and violated Department standards when he also made prejudicial comments to the grand jury.  OPR referred its findings to the Professional Misconduct Review Unit.