2025 Investigative Summary 10

Investigation of Alleged Violation of Department and USAO Policies; Failure to Act with Diligence and to Communicate with the Client; and Violation of Duty of Candor

A U.S. Attorney’s Office (USAO) reported allegations that an Assistant U.S. Attorney (AUSA) entered into or altered plea agreements without supervisory approval, failed to make supervisor edits to plea agreements, lacked candor in communications with the AUSA’s supervisor about plea negotiations and the basis for dismissal in a specific case, and, in a different case, failed to comply with statutory requirements to support a recidivist enhancement and offered during trial a certified conviction for an individual who shared a name with the defendant but was not the defendant.

Based on the results of its investigation, OPR concluded with respect to the conduct concerning plea agreements, the AUSA recklessly violated USAO and Department policies, the duty of diligence, and the duty to communicate with the client, the United States.  OPR further concluded that the AUSA recklessly violated statutory and USAO and Department policies, the duty of diligence, and the duty to refrain from conduct prejudicial to the administration of justice when the AUSA failed to file a statutorily required notice of prior conviction to support a recidivist enhancement and presented a conviction for the wrong defendant to the court.  OPR concluded that in one matter, the AUSA exercised poor judgment by providing inaccurate facts to the AUSA’s supervisor regarding venue.  OPR referred its findings to the Professional Misconduct Review Unit.