2013 Investigative Summary 12

Investigation of Alleged Failure to Diligently Represent the Interests of the Client; Failure to Competently Represent the Interests of the Client

A DOJ attorney reported to OPR that she allowed the statute of limitations to expire in a mail and wire fraud case, resulting in viable criminal charges being time-barred from prosecution. OPR initiated an investigation and learned that the DOJ attorney allowed the five-year statute of limitations, applicable to mail and wire fraud offenses, to expire because the DOJ attorney erroneously believed that the ten-year statute of limitations, relating to financial institution fraud, applied to the conduct under investigation.

OPR determined, however, that the DOJ attorney did not conduct any factual inquiry or legal analysis before erroneously relying on the ten-year statute of limitations and allowing the five-year statute of limitations to expire. OPR also determined that the DOJ attorney knew that the five-year statute of limitations was about to expire, yet took no steps to timely prosecute the case.

Based on its investigation, OPR concluded that the DOJ attorney engaged in professional misconduct by acting in reckless disregard of her obligation to competently and diligently represent the Department, and that her conduct represented a gross deviation from the standard of conduct that an objectively reasonable attorney would observe in the same situation.

OPR referred its findings to the PMRU, which upheld OPR’s findings and imposed a seven-day suspension. At the direction of the PMRU, OPR notified the appropriate bar disciplinary authorities of OPR’s misconduct findings.