Skip to main content

2018 - INVESTIGATIVE SUMMARY 4

Investigation of Alleged Failing to Comply with Discovery, Making Misrepresentations, Failing to Comply with Department Policies, Rules, and Regulations

This investigation — which found intentional professional misconduct — focused on allegations that a Department attorney failed to disclose that he had agreed with the attorney for a cooperating witness to file a downward departure motion pursuant to the Sentencing Guidelines in exchange for the witness’ testimony against the defendant. 

Based on the results of its investigation, OPR concluded that the attorney engaged in intentional professional misconduct by not producing the information to the defense prior to the trial.  OPR also concluded that the Department attorney engaged in intentional professional misconduct in violation of his obligations of candor to the court by knowingly failing to correct the cooperating witness’s testimony on cross-examination at trial that he had not been offered “anything,” and by falsely representing in a court filing that all promises made to informants had been disclosed to the defense. 

OPR concluded further that the attorney engaged in intentional professional misconduct when the attorney sent an e-mail to defense counsel representing that there was no cooperation agreement to disclose.  Finally, OPR concluded that the attorney engaged in intentional professional misconduct in violation of his disclosure obligations by failing to inform the court at the cooperating witness’ change of plea hearing of his e-mail to the cooperating witness’ attorney, and by stating at the change of plea hearing that the cooperating witness did not have a cooperation agreement.

Updated July 13, 2021