2016 Investigative Summary 9

Investigation of Alleged Unauthorized Disclosure

A DOJ component notified OPR that a DOJ attorney sent an internal e-mail containing sensitive, confidential information concerning an ongoing Department matter to a former DOJ attorney who was in private practice. Following an investigation, OPR concluded that the DOJ attorney committed intentional professional misconduct by knowingly revealing confidential client information to a person not authorized to receive it, in violation of rules of professional conduct and DOJ directives.

In reaching this conclusion, OPR found no evidence that the DOJ attorney made the unauthorized disclosure to obtain a personal benefit or to harm the Department. Rather, OPR found that the DOJ attorney was upset about personal and professional challenges, and he forwarded the e-mail to the former DOJ attorney, his longtime friend, seeking encouragement.

When informed that the e-mail had been sent to him, the former DOJ attorney indicated that he deleted the e-mail without reading it or forwarding it to anyone else. Nevertheless, the e-mail contained highly sensitive information, and the DOJ attorney breached his professional obligation to safeguard client confidences by knowingly sending such confidential information to another person without authorization.

OPR referred its findings to the PMRU for consideration of possible discipline. The DOJ attorney retired soon after OPR issued its report. Therefore, the PMRU was unable to impose discipline.