2023 Investigative Summary 11

INVESTIGATION OF ALLEGED FALSE AND MISLEADING STATEMENTS PRESENTED TO THE GRAND JURY, MAKING IMPROPER STATEMENTS TO THE GRAND JURY, AND FAILURE TO TIMELY PRODUCE DISCOVERY

OPR received a complaint from a former defendant, alleging that an Assistant U.S. Attorney (AUSA) engaged in professional misconduct in connection with her prosecution as part of a fraud case.  Although originally charged along with others, the charges against the former defendant had been dismissed when the government filed a superseding indictment prior to trial.  Among other allegations, the former defendant asserted that the grand jury testimony of a case agent contained materially inaccurate statements about the former defendant that the prosecutor knew or should have known were untrue but which she failed to correct; the prosecutor made improper remarks in presenting the case to the grand jury; and the prosecutor failed to timely produce discovery, in violation of court-imposed deadlines.

Based on the results of its investigation, OPR concluded that the prosecutor committed professional misconduct by acting in reckless disregard of her obligations under Department policy and the rules of professional conduct by soliciting and failing to correct inaccurate and unsupported testimony before the grand jury, which the prosecutor knew or should have known was inaccurate and unsupported; committed professional misconduct by acting in reckless disregard of her obligations under Department policy and the rules of professional conduct by improperly testifying before the grand jury; and committed professional misconduct in violation of a court order and the rules of professional conduct by knowingly failing to produce discovery to the defendants by the court-imposed deadline and by recklessly failing to make a diligent effort to comply with a legally proper discovery request by defense counsel. 

OPR referred its findings to the Professional Misconduct Review Unit.