2024 Investigative Summary 1

Investigation of Alleged Falsification of Declaration and Lack of Candor

The Department of Justice Bureau of Prisons (BOP) reported to OPR that in connection with a civil rights lawsuit brought by an inmate against the BOP and various BOP employees, a BOP attorney assisting with the defense added a signature to a declaration without the declarant’s knowledge or authorization.  The BOP attorney then sent the declaration, ready for filing with the court, to the Assistant U.S. Attorney (AUSA) who was responsible for defending the case.  When the BOP attorney’s supervisor discovered the issue and confirmed that the declarant had not reviewed or signed the declaration, the supervisor questioned the attorney about the declaration.  In response, the BOP attorney made misrepresentations to his supervisor, including fabricating an email from the declarant to himself, to conceal that he had added the signature to the declaration without the declarant’s authorization.  The BOP supervisor provided the AUSA with a properly authenticated and signed declaration from another declarant, which was filed.  Shortly after these events, the BOP attorney resigned.

Based on the results of its investigation, OPR concluded that the BOP attorney violated the rules of professional conduct when he knowingly and intentionally added the declarant’s signature to the declaration without authorization and provided it to the AUSA for his use in the civil rights lawsuit.  OPR also concluded that the BOP attorney violated the rules of professional conduct when he intentionally made misrepresentations to his supervisor to conceal that the declarant’s signature was unauthorized.  The matter is pending before the Professional Misconduct Review Unit.