2020 Investigative Summary 6

INVESTIGATION OF ALLEGED CONFLICT OF INTEREST AND FAILURE TO ADVISE THE CLIENT      

A U.S. Attorney’s Office (USAO) advised OPR that it had received information that an Assistant U.S. Attorney (AUSA) had a close personal relationship with a witness in a drug prosecution, a relationship that had never been disclosed to USAO supervisors, the district court, or defendants.  The AUSA resigned during the course of OPR’s investigation.  As a result of information it learned during its investigation, which included a review of numerous texts and e‑mails between the AUSA and the witness, OPR concluded that the former AUSA committed, at a minimum, reckless professional misconduct in violation of Rules of Professional Conduct 1.4, 1.6, 1.7, and 1.8 when he failed to advise USAO managers of his personal relationship with the witness, continued to represent the government despite a conflict of interest when he had not obtained the client’s consent, and disclosed confidential information to the witness without the client’s consent.  The Professional Misconduct Review Unit authorized OPR to refer the AUSA's conduct to the appropriate state attorney disciplinary authorities, which OPR has done.