2024 Investigative Summary 7

Investigation of Unauthorized Person in the Grand Jury

An AUSA self-reported to OPR that during a long-term investigation, he allowed the lead agent on the investigation to join multiple grand jury sessions and listen to live witness testimony in violation of Federal Rule of Criminal Procedure (FRCP) 6(d)(1).  A trial attorney with the Department’s Criminal Division self-reported that, at the behest of the AUSA, he also allowed the agent to participate in the last of those sessions.

Based on the results of its investigation, OPR concluded that the AUSA acted in reckless disregard of his obligations as set forth in FRCP 6(d)(1) and Department policies, when he allowed a law enforcement agent to observe multiple grand jury sessions.  OPR also concluded that the Criminal Division trial attorney violated his obligations under FRCP 6(d)(1) and Department policies by allowing the agent to be present for a grand jury session but under the circumstances, his actions did not rise to the level of professional misconduct.

OPR’s findings as to the AUSA are pending before the PMRU.