2025 Investigative Summary 4

Investigation of Alleged Conflict of Interest, Failure to Advise the Client, Disclosure of Confidential Information, and Misrepresentations

The Executive Office for U.S. Attorneys notified OPR about a complaint received by a United States Attorney’s Office (USAO) alleging that an Assistant U.S. Attorney (AUSA) had been in a close personal relationship with defense counsel while they were adversaries in litigation. The AUSA admitted to having a close personal relationship with the defense counsel.  During its investigation, OPR identified cases in which the AUSA and the defense counsel participated while the relationship was ongoing and after it ended. OPR also investigated allegations that the AUSA improperly disclosed confidential information to the defense counsel and engaged in other conduct that improperly benefitted the defense counsel.

Based on the results of its investigation, OPR concluded that the AUSA violated her obligations under the rules of professional conduct when she (1) 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 an adversary in litigation; (2) 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; (3) knowingly disclosed confidential information to the defense counsel without obtaining consent from her USAO supervisors; and (4) knowingly made misrepresentations to a third party in order to obtain a benefit for defense counsel.  OPR referred its findings to the Professional Misconduct Review Unit.