2026 Investigative Summary 2

Investigation of Alleged Lack of Candor

The Executive Office for United States Attorneys notified OPR of a potentially false statement made by an Assistant U.S. Attorney (AUSA) in a motion filed with the court in a criminal case.  In the motion, the AUSA asked the court to accept the government’s opposition to a defendant’s pleading despite the fact that the opposition was filed past the filing deadline.  In support of his motion and to excuse his untimely filing, the AUSA allegedly made several misrepresentations regarding his unavailability during the period preceding the filing deadline.

Based on the results of its investigation, OPR concluded that the AUSA knowingly and intentionally violated the rules of professional conduct by making misrepresentations to the court in the motion.  OPR also concluded that the AUSA knowingly and intentionally violated the rules of professional misconduct by making representations to court staff and others regarding the circumstances surrounding his belated filing of the opposition and his failure to attend a status hearing.  OPR also concluded that the AUSA exercised poor judgment in connection with his communications with a supervisor concerning the filing deadline.  Finally, OPR concluded that the AUSA knowingly and intentionally violated the rules of professional conduct by failing to consult with his supervisors about the belated filing.  The AUSA resigned from the Department during OPR’s investigation.  OPR referred its findings to the Professional Misconduct Review Unit.