2019 Investigative Summary 8

Investigation of Alleged VIOLATIONS OF DISCOVERY OBLIGATIONS

A U.S. Attorney’s Office notified OPR that, in a case prosecuted by two Special Assistant U.S. Attorneys, a district court found that the government violated its discovery obligations by failing to disclose until mid-trial notes of an interview of a government witness containing impeachment information, an immunity agreement for a government witness, and materials used to prepare witnesses to testify.  Based on these violations, the court dismissed the case with prejudice.

Following its investigation, OPR determined that the prosecutors had failed to timely produce discoverable materials.  However, given the complexity of the case, the prosecutors’ inexperience, and the lack of supervision by more experienced prosecutors, OPR concluded that the prosecutors exercised poor judgment, but their conduct did not rise to the level of professional misconduct.