2021 Investigative Summary 1

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 a complaint from a federal law enforcement agency that an Assistant U.S. Attorney (AUSA) was involved in an intimate romantic relationship with a special agent in its agency who had been assisting the AUSA in the investigation and prosecution of a number of the AUSA’s cases, including a case that ultimately went to trial.  As a result of the information it learned during its investigation, which included conducting multiple interviews and reviewing court filings, transcripts, and Department training records, OPR concluded that the AUSA committed professional misconduct, when in reckless disregard of her obligations under Rules of Professional Conduct 1.4 and 1.7, she failed to keep her client reasonably informed by not disclosing to USAO management that she was involved in an intimate romantic relationship with the agent, and in continuing to represent the government despite a conflict of interest that arose from her relationship with the agent, without having obtained her client’s consent to her continued representation of the government.  OPR referred the matter to the PMRU.