2018 - INVESTIGATIVE SUMMARY 1

Investigation of Alleged Failure to Comply with Discovery
Failure to Inform Client
Misrepresentations to the Court, Opposing Counsel, and OPR

The investigation — which found intentional professional misconduct — focused on allegations that two Department attorneys may have been aware of, and failed to timely disclose to the defense, impeaching information concerning a former law enforcement officer who testified for the prosecution at trial in a criminal case.  The component reported the allegation. 

OPR expanded the initial scope of its investigation to consider whether the Department attorneys provided complete and truthful information to Department supervisory attorneys; whether the post-trial disclosures to the defense were adequate; whether the attorneys complied with their duty of candor in pleadings filed in both the trial court and the court of appeals; and whether they attempted to obstruct OPR’s investigation. 

OPR concluded that the Department attorneys committed intentional professional misconduct:

(1) by failing to inquire further about damaging information concerning a prosecution witness, and by failing to disclose the information, in violation of Department policy;

(2) by falsely asserting to DOJ supervisory attorneys and to OPR that they were unaware of the information before trial;

(3) by failing to disclose in post-trial disclosure letters and in an pleading filed in district court that they were aware before trial of the information regarding the witness;

(4) by knowingly allowing the government’s brief containing false statements to be filed with a court of appeals, in violation of their duty of candor to the court. 

Moreover, OPR found insufficient evidence that the undisclosed evidence was material to the defendants’ convictions and that the Department attorneys did not violate their obligation to disclose impeachment evidence to the defense.