2026 Investigative Summary 1

Investigation of Alleged Lack of Candor

The Civil Division reported to OPR that a trial attorney allegedly misled a special master regarding the trial attorney’s failure to file a report by a previously extended deadline.  Just before the deadline, the trial attorney emailed the special master claiming that he was unable to file the report due to a technology issue and that he would file it as soon as possible the next day.  After the trial attorney failed to file the report until two days later, the special master ordered the government to show cause as to why the report should not be stricken and suggested that the trial attorney’s explanation for his untimely filing lacked candor.  Shortly after these events, the trial attorney resigned from the Department.

Based on the results of its investigation, OPR concluded that the trial attorney violated the rules of professional conduct when he knowingly misled the special master about his reason for missing the deadline, which was the result of his failure to timely submit the report for a review by a senior attorney as required by his office.  The matter is pending before the Professional Misconduct Review Unit.