2019 INVESTIGATIVE SUMMARY 14

INVESTIGATION OF ALLEGED FAILURE TO HONOR PLEA AGREEMENT

An Assistant U.S. Attorney reported to OPR allegations that she violated the terms of a plea agreement by contradicting the proffer of facts that was the basis for the defendant’s guilty plea during sentencing.  After its investigation, OPR determined that the prosecutor violated Department policy when she stipulated to a provision of the factual proffer containing an unsubstantiated assertion that the prosecutor believed was untrue.  However, because she did so after good-faith consultations with her supervisor concerning particularly challenging circumstances—including the need to protect a vulnerable victim-witness—OPR concluded that the prosecutor did not commit professional misconduct.  Instead, OPR concluded that the prosecutor exercised poor judgment when she failed to revise the provision to ensure its accuracy, as the Department and her supervisor would reasonably expect.  OPR further concluded that she exercised poor judgment when at sentencing she disputed the provision of the factual proffer to which she had previously agreed, which was a violation of the terms of the plea agreement and resulted in the remand of the case for resentencing.