obtained (via foia) and posted by altgov2...

Obtained (via FOIA) and posted by AltGov2

www.altgov2.org

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Russ Kick [email protected]

Re: OPR FOIA No. F18-00040

Dear Mr. Kick:

U.S. Department of Justice

Office of Professional Responsibility

950 Pennsylvania Avenue, N. W., Suite 3266 Washington, D.C. 20530 (201) 514-1365

HAR 1 9 2018

This letter responds to your January 13, 2018 Freedom of Information Act (FOIA) request to the Office of Professional Responsibility (OPR) seeking closing memoranda of OPR's investigations with substantiated findings during calendar year 2017. OPR received your request on January 16, 2018. It has been assigned request number FIS-00040. Please refer to that number in any correspondence pertaining to this matter.

By letter dated January 23, 2018, QPR advised you that it would consult with another Department component regarding the 53 pages responsive to your request. That consultation is now complete, and I have determined 53 pages are appropriate for release with excisions made pursuant to Exemptions 3, 5, 6, and 7(C) of the FOIA, 5 U.S.C. §§ 552(b)(3), (b)(S), (b)(6), (b)(7)(C). Exemption 3 pertains to matters specifically exempted from release by statute, in this

· instance, Rule 6e, which pertains to grand jury information. Exemption 5 pertains to certain interand intra-agency communications protected by the deliberative process privilege. Exemption 6pertains to material the release of which would constitute a clearly unwarranted invasion of thepersonal privacy of third parties. Exemption 7(C) pertains to records or information compiled forlaw enforcement purposes the release of which could reasonably be expected to constitute anunwarranted invasion of the personal privacy of third parties.

For your information, Congress excluded three discrete categories of law enforcement and national security records from the requirements of the FOIA. See 5 U.S.C. § 552(c) (2006 & Supp. IV 2010). This response is limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given to all our requesters and should not be taken as an indication that excluded records do, or do not, exist.

If you have a question, you may contact OPR's FOIA Public Liaison at the telephone number and address listed above. Additionally, you may contact the Office of Government Information Services (001S) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at [email protected]; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you are not satisfied with my response to this request, you may administratively appeal by writing to the Director, Office of Information Policy (OIP), U.S. Department of Justice, Suite 11050, 1425 New York Avenue, N.W., Washington, D.C. 20530-0001, or you may submit an appeal through OIP's FOJAonline portal by creating an account on the following web site: https://foiaonline.regulations.gov/foia/action/public/home. Your appeal must be postmarked or electronically transmitted within 90 days of the date of my response to your request. If you submit your appeal by mail, both the letter and the envelope should be clearly marked "Freedom of Information Act Appeal."

If you are dissatisfied with the result of any appeal you make,judicial review may thereafter be available to you in the United States dish·ict court for the judicial district in which you reside, or in which you have your principal place of business, or in the District of Columbia.

Sincerely,

Lyn Hardy Special Counsel for Freedom of Information and Privacy Acts

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MEMORANDUM

TO: Monty Wilkinson Director Executive Office for U.S. Attorneys John V. Geise Chief


Office of Professional Responsibility 950 Pennsylvania Avenue, N. W., Suile 3266 IVaslzington, D.C. 20530

JUN O 8 2D17

Professional Misconduct Review Unit

FROM: SUBJECT:

Robin C. Ashton � �Counsel Repo11 oflnvestigation into the Conduct of Fo1mer AUSA FAUSA , AUSA

Based on the results of its investigation, OPR concluded that AUSA intentional professional misconduct by

Based on the results of its investigation, OPR concluded that former AUSA -engaged in intentional professional misconduct by:

•

•

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•

•

-and

•

Finally, OPR concluded that FAUSA did not engage in professional misconduct,

OPR previously informed AUSA .... and former ......... of its conclusion that neither engaged in professioiialiiiisconduct or ex�t in the matter.

Enclosure

cc: Jay Macklin General Counsel Executive Office for U.S. Attorneys (with enclosure)

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MEMORANDUM

TO: Monty Wilkinson Director Executive Office for U.S. Attorneys

John V. Geise Chief



950 Pennsylvania Avenue, N.W., Suite 3266 Washington, D.C. 20530

JAN 1 3 2017


FROM: Robin C. Ashton Counsel

SUBJECT: Report of Investigation into Professional Misconduct Allegations against Assistant U.S. Attorneys (AUSAs)

Attached is the Office of Professional Responsibility (OPR) final report of investigation pertaining to Assistant U.S. Attorneys (AUSAs)

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: (1) committed ations, they failed

(2) committed

Attachments

cc: Scott Schools Associate Deputy Attorney General (with attachment)

Jay Macklin General Counsel, EOUSA (with attachment)

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MEMORANDUM

TO: Monty Wilkinson Director



950 Pennsylvania Avenue, N. W.. Suite 3266 Washington, D.C. 20530

MAY 1 2 :011

Executive Office for U.S. Attorneys

John V. Geise Chief Professional Misconduct Review Unit

FROM:

SUBJECT: Report of Investigation into Allegations of Misconduct against Former Assistant U.S. Attorney

Enclosed is the Office of Professional Responsibility (OPR) Report of Investigation regarding the conduct of former Assistant U.S. Attorney

exercised poor judgment in failing to

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Enclosure

cc: Scott N. Schools Associate Deputy Attorney General (with enclosure)

Jay Macklin General Counsel Executive Office for U.S. Attorneys (with enclosure)

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MEMORANDUM

TO: Monty Wilkinson Director



950 Pennsylvania Avenue, N. W., Suite 3266 Washington, D.C. 20530

NOV 2 8 2017

Executive Office for U.S. Attorneys

FROM:

SUBJECT:


Robin C. Ashton Counsel

Enclosed is the Office of Professional Responsibility (OPR) final Report of Investigation into allegations that Assistant U.S. Attorney (AUSA)

Based on the results of its investigation,

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. OPR concluded, however, that AUSA- acted professional obligations by engaging in a pattern of improper conduct

acted in reckless disregard o

Enclosure

cc: Jay Macklin General Counsel Executive Office for U.S. Attorneys (with enclosure)

Scott N. Schools Associate Deputy Attorney General (with enclosure)

pro ess1ona o 1gattons,

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•• • ·, • • •.-.;;;.-.·:--.•.;;; •• : • .• •-·•.··,· - - - • , -�.- r.r.;-..-r.. • .-.·.;.- •• ., • • · .. ., - , . - • -- •• -· •• -•• •• • .... -c;r- · r-� .,_- ___ ...... -.•. .. ... -�--- r• • " •••• ••·•-·-- •• • ••• , •••• ·;::·.✓-.-

MEMORANDUM

TO: Monty Wilkinson Director Exec-utive Office for U.S. Attorneys

John V. Geise Chief



950 Pennsylvania Avenue, NW., Suite 3266 Washington, D.C. 20530

SEP.O12017



SUBJECT: Report oflnvestigation of Assistant United States Attorney Alleged Discovery Violations

into

OPR further concludes that AUSA engaged in professional misconduct in violation of Rule of Professional Conduct ■by acting in reckless disregard of■ obligation to

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and to contact Professional Misconduct Review Unit Chief Jack V. Geise for information

concerning this matter.

Enclosure

cc: Scott N. Schools Associate Deputy Attorney General (without enclosure)

Jay Macklin General Counsel Executive Office for U.S. Attorneys ( with enclosure)

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950 Pe11nsylvania Avenue, N. W., Suite 3266 Washi11gton. D.C. 20530

MEMORANDUM FEB 2 7 2017

TO:

FROM:

SUBJECT:

Monty Wilkinson Director Executive Office for U.S. Attorneys


�

Robin C. Ashton V Counsel

Report oflnvestigation into Professional Misconduct Allegations Against Assistant U.S. Attorney

Enclosed is the Office of Professional Responsibility (OPR) Report of Investigation regarding the conduct of Assistant United States Attorney (AUSA)

Upon the completion of its investigation, concluded that AUSAIIII committed professional misconduct by acting in reckless disregard of • obligation to

and has directed to contact Professional Misconduct Review Unit Chief John V. Geise for further information regarding this matter.

Enclosure



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MEMORANDUM

TO:

FROM:



Office of Professjonal Responsibility

950 Pennsylvania Avenue. N. II' .. Suite 3266 IVashinglon, D.C. 20530

AUG 1 4 2017

SUBJECT: Repo11 of Investigation into Professional Misconduct Allegations Against Assistant U.S. Attorney

Enclosed is the Office of Professional Responsibility (OPR) Report of Investigation into allegations that Assistant U.S. Attorney (AUSA) committed professional misconduct

Based on the results of its investigation, OPR concluded that - did not commit professional misconduct by knowingly or recklessly violating■ duty o�r to the tribunal.

With respect to the second misconduct allegation, OPR concluded that committed professional misconduct nor exercised poor judgment

Enclosure



MEMORANDUM

TO: Monty Wilkinson DLrector Executive Office for U.S. Attomeys

John V. Geise Chief

U.S. Deparhnent of Justice


950 Pennsylvania Avenue, NW., Suite 3266 Wnshing1011, D.C. 20530

MAY 1 7 2017



SUBJECT: Repor1 of Investigation into the Conduct of AUSA

Enclosed is the final Office of Professional Responsibility (OPR) Report of Investigation into the Conduct of A USA

- --- ---

Based on the results of its investigation, OPR determined that AUSA-(1) committed professional misconduct in reckless disregard of■ obligation under U�licy to obtain authorization from ■ supervisors before suggestmg to a cooperating defendant that a further downward departure m sentencing was possible; (2) committed professional misconduct in reckless disregard of obligations under Giglio v. United States, 405 U.S. 150 (1972),111111111111

; and (3) c� professional miscon uct m rec ess 1sregar 1gat ons

Enclosure

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MEMORANDUM


John V. Geise Chief



950 Pe11nsylva11iaAvenue. N.W .. Suire 3266 Washing/on, D.C. 20530

J.AN 3 0 2017



SUBJECT: Report of Investigation Assistant U.S. Attorney

Enclosed is the Office of Professional Responsibility (OPR) Report of Investigation into of professional misconduct by Assistant United States Attorney (AUSA)III

, based on the results of its investigation, OPR concluded by a preponderance of the evidence that AUSA did not purposefully or knowingly violate -Rule of Professional Conduc when, during.closing argument,■ improperly vouched for the government's witnesses

and instructed Misconduct Review Unit for further information.

Enclosures

cc: Scott Schools Associate Deputy Attorney General (with enclosure)

Jay Macklin General Counsel, EOUSA (with enclosure)

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SEP 2 8 2017 MEMORANDUM

TO:


FROM: Robin C. Ashton n n' f):sS� Counsel \ \....A./'

Attached is the Office of Professional Responsibility (OPR) Report of Investigation into

Based on the results of its investigation, OPR concludes that AUSA 11111 did not commit professional misconduct. OPR found that AUSA did not violate a clear and unambiguous standard when

did not engage in professional misconduct by failing

Finally, OPR concludes that AUSA properly handled privileged material

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cc: Jay Macklin

General Counsel Executive Office for U.S. Attorneys (with attachment)

John V. Geise Chief Professional Misconduct Review Unit (with attachment)

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MEMORANDUM

TO: Monty WilkinsonDirector Executive Office for U.S. Attorneys

John V. GeiseChief



950 Pennsylvania Avenue. N. W .. Suite 3266 Washington, D.C. 20530

SEP 2 6 2017


FROM: Robin C. Ashton () _. {M Counsel \ U-,) -

�

SUBJECT: Report of Investigation into Former Assistant U.S. Attorney

Enclosed is the Office of Professional Responsibility (OPR) Report of Investigation intoprofessional misconduct by former Assistant U.S. Attorney

Enclosure

cc: Scott Schools Associate Deputy Attorney General (with enclosure)


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MEMORM1DUM

TO:


Office of Prof essiooal Responsibility

9SO Pennsylvania Avenue, N. W,, Suite 3266 Washingron, D.C. 10530

MAR 2 9 2017

FROM: Robin C. Ashton �

� Counsel

SUBJECT: Report of Investigation into Senior Attorney

Trial Attome

Attached is the Office of Professional Responsibility (QPR) Report of Investigation into Trial

Based on the results of its investigation, OPR concluded that Trial Attorney Senior Attorneys did not commit professional misconduct.

2

Attachment

cc: Scott N. Schools Associate Deputy Attorney General (with attachment)

John V. Geise Chief Professional Misconduct Review Unit ( with attachment)

3

ME:MORANDUM

TO:

John V. Geise . Chief



950 Pennsylvania Avenue. N. W.. Suite 3266 Washington, D.C 20530

NOV 2 12017


FROM: Robin C. Ashton :l!J Counsel \

SUBJECT: Report oflnvestigation into Trial Attorney

The Office of Professional Responsibility (OPR) has completed its investigation regarding allegations that U.S. Department of Justice Trial Attorney made unauthorized disclosures of attorney-client privileged information to a third party

Based on the results of itc;; investigation, OPR reached the following conclusions. With respect to the unauthorized disclosures of attorney-client privileged information, OPR concluded that did not en a e in rofessional misconduct but that exercised poor judgment.

to contact the Professional Misconduct Review Unit for further infonnation

2

Enclosure


3

MEMORANDUM


John V. Geise Chief



950 Pennsylvania Avenue, N. W, Suite 3266 Washington, D.C. 20530

MAR 2 9 2017


FROM:

SUBJECT:

Robin C. Ashton � Counsel \

Report oflnvestigation of Former Assistant United States Attomey for Failure to Maintain an Active Bar Membership

The Office of Professional Responsibility (OPR) has completed its investigation into the failure of former Assistant United States Attorney to maintain an active membership with the State Bar from

Based on the results of its investigation, OPR concludes by a preponderance of the evidence that- engaged in professional misconduct by acting in reckless disregard o9 statuto

i and Department obligations to maintain an active membership in at least one state bar when failed to timely pay■ Bar dues. OPR also concludes by a preponderance of the evidence that - engaged in professional misconduct by acting in reckless disregard of the rulesprohibiting the unauthorized practice of law when■ practiced law during the time that■ was notan active member of the Bar. QPR further concludes by a preponderance of the evidence that

committed intentional professional misconduct when Bar membership had been administratively suspended. Finally,

did not falsely certify that was an active member of the Bar,

I to contact Professional Misconduct Review Unit Chief

Jack V. Geise for information concerning this matter.

Enclosure

cc: Scott N. Schools Associate Deputy Attorney General (without enclosure)


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MEMORANDUM

TO:

Jolm V. GeiseChief




DEC 1 ;:; ·.r 7 t, LU.


�FROM: Robin C. Ashton � I'.�

Counsel \ \jJ" .

SUBJECT: Re ort of Investigation regarding Conduct of Fonner Senior Trial Counsel

Enclosed is the Offic-e of Professional Responsibility (QPR) Report of Investigation into- ... - • ! !

Based on its investigation, QPR has concluded that professional misconduct by violating the duty of candor emboof Professional Conduct

engaged in intentionalRules

Enclosure


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9 50 Pennsylvania Avenue. N. W:, Suite 3266 Washington, D.C 20530

SEP O 1 2017

MEIVIORANDUM

TO:

FROM:

SUBJECT:


Robin C. Ashton�

Cmmsel

Report of Investigation into Allegations of Misconduct against Assistant U.S. Attorneys

Enclosed is the Office of Professional Responsibility (QPR) Report of Investigation regarding the conduct of Assistant U.S. Attomeys (AUSAs)

and former AUSA

i.

i:

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Based on the results of its investigation, OPR concluded that AUSA violated■ constitutional discovery obligations, Department and USAO policies, Rule of Professional Conduct 3.8, an order by failing to disclose material impeachment information to the defendant.

Although OPR did not :find that AUSA � committed professional misconduct, OPR concluded that AUSA exercised extremely poor judgment whe

demonstrated a lack of candor to the court in the ex

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OPR also concluded that AUSA with respect to the govermnent's violation respect to AUSA lack of candor.

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did not col11Illlt professional misconduct disclose impeachment evidence or \Vith

did not commit professional misconduct

Attachment

cc: Jay Macklin General Counsel Executive Office for U.S. Attorneys (w/attachment)

John V. Geise Chief, J>rofessional Misconduct Review Unit (w/attachment)

-7-




APR 1 8 2017

MEMORANDUM

TO:

FROM:

Monty Wilkinson Director Executive Office for United States Attorneys


Robin C. Ashton Counsel

SUBJECT: Report of Investigation of Assistant U.S. Attome Failure to Maintain an Active Bar Membership

for

The Office ofl)rofessional Responsibility (OPR) has completed its investigation into the failure of Assist�t U.S. Attorney (AUSA) to maintain an active bar membership for a period of

OPR further concluded by a preponderance of the evidence that engaged in intentional professional misconduct when, in violation of the rules prohibiting the. unauthorized practice of law, ■ continued fo practice law when ■ was not an active member of a bar. OPR also concluded by a

re onderance of the evidence that committed intentional professional misconduct when that■ was not an active member of at least orie

state bar and not authorized to practice law.

QPR further concluded by a preponderance of the evidence that - engaged iii professional misconduct by acting in reckless disregard of obligation to maintain an active membership in at least one state bar,

OPR also concluded by a preponderance of the engaged in intentional professional misconduct when ■ continued to

, in violation of the rules prohibiting the unauthorized practice of law. Finally, QPR concluded by a preponderance of the evidence that committed intentional professional misconduct

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.;,:.-.:.:; .:1

directed to contact the Professional concerning the disciplinary process.

Enclosure

cc: Scott N. Schools Associate Deputy Attorney General ( with enclosure)


·••••• .•..•••••.••.•••. ·.·,:.; .• ,; '.j

and has

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MEMORANDUM

TO: · Monty Wilkinson Director Executive Office for U.S. Attorneys

John V. GeiseChief

U.S. Depa11ruent of Justice


950 Pennsylvania A1,enue, N. W, Suite 3266 Washington, D C. 20530

SEP· 11 2017


FROM: Robin C. Ashton \Counsel

SUBJECT: Re ort of Investigation into the Conduct of Assistant U.S. Attorney (AUSA)

Enclosed is the final Office of Professional Responsibility (OPR) Report of Investigationinto the Conduct of AUSA

. . . . . . .. --· . �,.

Based on the results of its investigation, OPR concluded that in- AUSA committed intentional professional misconduct in violation of obligations under

, and Department

and has directed to contact John V. Geise, Chief of the Professional Misconduct Review Unit, if

!lllllllias any questions about this matter.

Enclosure



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DM 421927

•

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obtained (via foia) and posted by altgov2...

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