2025 Investigative Summary 1

Investigation of Alleged Conflict of Interest and Failure to Advise the Client

During OPR’s review of evidence in a separate investigation, OPR discovered information suggesting that an Assistant U.S. Attorney (AUSA) had been in a close personal relationship with defense counsel while they were adversaries in litigation.  OPR identified eight cases in which the AUSA represented the government during her relationship with defense counsel and defense counsel was or had previously appeared as opposing counsel for the case.  The AUSA did not disclose the relationship to her supervisors until after OPR notified USAO management of the issue and sought information from the AUSA.

Based on the results of its investigation, OPR concluded the AUSA violated her obligations under the rules of professional conduct when she knowingly failed to keep her client reasonably informed by not disclosing to her USAO supervisors that she was in a close personal relationship with defense counsel who was or had previously been an adversary in litigation.  OPR also concluded the AUSA violated her obligations under the rules of professional conduct when she knowingly continued to represent the government despite a conflict of interest arising from her close personal relationship with opposing counsel and without obtaining her client’s consent to her continued representation of the government.  OPR further concluded that the AUSA exercised poor judgment when she failed to keep her client reasonably informed and to disclose the nature of her relationship with defense counsel before a trial. Finally, OPR concluded the AUSA exercised poor judgment when she provided information about her relationship with defense counsel to a defendant’s appellate counsel without consulting her supervisors.  OPR referred its findings to the Professional Misconduct Review Unit.