2020 Investigative Summary 9

INVESTIGATION OF ALLEGED LACK OF CANDOR AND PROFESSIONALISM

A U.S. Attorney’s Office advised OPR that it had received a complaint from a local law enforcement office that an Assistant U.S. Attorney (AUSA) who had contacted the law enforcement office to obtain official reports may have made misrepresentations regarding the purpose for which the AUSA sought the reports.  The complaint also alleged that during the conversations, the AUSA cursed and spoke to an employee of the law enforcement office in an unprofessional tone and manner.  As a result of information it learned during its investigation, which included conducting multiple interviews, reviewing court filings, and examining thousands of e-mails, OPR concluded that the AUSA committed intentional professional misconduct in violation of Rules of Professional Conduct 4.1 and 8.4 when he knowingly made false statements of material fact to a third person and engaged in conduct involving dishonesty, deceit, or misrepresentation that reflected adversely on his fitness to practice law.  OPR also concluded that the AUSA violated a local rule of civil procedure governing attorney professionalism when he failed to conduct himself in a courteous, fair, and respectful manner; knowingly misstated the facts; and knowingly caused a person to form a mistaken conclusion of fact.  OPR referred the matter to the PMRU.