2019 Investigative Summary 11

INVESTIGATION OF ALLEGED LACK OF CANDOR TO THE COURT

An Assistant U.S. Attorney (AUSA) self-reported to OPR that she drafted and filed a purported “joint” pleading that contained the opposing counsel’s signature block, even though opposing counsel had not consented to the filing as written.  The AUSA filed the pleading after opposing counsel informed the AUSA that opposing counsel did not consent to the filing unless it included additional language provided by the counsel, which the AUSA did not include.  After an investigation, OPR concluded that the AUSA committed reckless professional misconduct in violation of ethical rules and her general duty of candor to the court by falsely representing that the opposing party agreed with the content of the pleading and joined in its submission.