2020 Investigative Summary 13

INVESTIGATION OF ALLEGED MISREPRESENTATIONS TO THE COURT AND OPPOSING PARTY

Following a report from a Department component, OPR investigated allegations that a Department attorney prepared a document that contained inaccurate statements of fact that was filed with the court in support of the government’s dispositive motion.  Based on the results of its investigation, OPR concluded that although the Department attorney in fact prepared a document containing material factual inaccuracies, the attorney did not commit professional misconduct because OPR found no evidence that the attorney knowingly or purposefully prepared an inaccurate document, nor did OPR find any evidence the attorney prepared the document with a reckless disregard for the truth.  Rather, OPR concluded that the inaccurate statements of fact in the document likely resulted from the attorney making a series of mistakes when drafting the document.  OPR further concluded that the Department attorney exercised poor judgment during the preparation of the document because the attorney failed to review the document for factual accuracy after drafting it.  OPR referred the matter to the attorney’s component head for handling as a performance matter.