2022 Investigative Summary 3

Investigation of Alleged Misrepresentations to the Court and Failure to Obey Court Orders

A U.S. Attorney’s Office reported that a court issued several orders as the result of an Assistant U.S. Attorney (AUSA) responding affirmatively to questions from the court relating to the courthouse’s COVID-19 protocol, but at a later hearing, responding differently to the same question.  The court ordered the AUSA to explain the discrepancy and why he should not be sanctioned for making misrepresentations to the court.  During its investigation, OPR also examined whether the AUSA complied with a series of court orders requiring certain safety precautions to be taken in the courthouse. 

As a result of its investigation, OPR determined that the AUSA committed intentional professional misconduct by violating his duty of candor to the court.  OPR also concluded that the AUSA committed intentional professional misconduct by routinely and intentionally violating the orders relating to the courthouse safety precautions.  OPR concluded that these intentional actions by the AUSA violated his obligations under multiple state rules of professional conduct.  

OPR referred its findings to the Professional Misconduct Review Unit.