2019 Investigative Summary 1

Investigation of Alleged Failure to Obey Court Orders,
Misrepresentation to Court and to OPR,
Failure to Inform Client

Following an Assistant U.S. Attorney’s self-report, OPR investigated an allegation that she had violated a court order by eliciting testimony in a criminal case about evidence that the court had previously ordered suppressed.  OPR thereafter expanded the initial scope of its investigation to consider whether, in her statements in defense of her conduct at trial, the attorney complied with her duty of candor to the court and provided truthful and complete information to her management and to OPR.

Based upon the results of its investigation, OPR concluded that the attorney committed intentional professional misconduct by eliciting testimony at trial about evidence she knew the court had previously ordered suppressed.  OPR further concluded that the attorney intentionally made a succession of false and misleading statements—to the court, to her supervisory attorneys, and, ultimately, to OPR—in an attempt to excuse or mitigate her violation of the suppression order.  OPR referred the matter to the Professional Misconduct Review Unit, which substantiated OPR’s findings, imposed a 30-day suspension without pay, and authorized notification to the state bar.