We Can Help with Investigations by the U.S. Department of Justice Office of Professional Responsibility (OPR) or Office of Inspector General (OIG)
OPR–OIG Investigations – Timothy E. Allen | Former Special Agent (U.S. Secret Service & DOJ-OIG)
The U.S. Department of Justice’s Office of Professional Responsibility (OPR) or Office of Inspector General (OIG) are independent, nonpartisan entities that serve to preserve and protect the Department’s integrity, accountability, and reputation. While the OIG investigates federal employees at all levels as well as federal contractors and grant recipients, the OPR focuses its efforts on investigating allegations of misconduct against Justice Department attorneys and agents.
As the U.S. Department of Justice (DOJ) explains:
“OPR has exclusive jurisdiction to investigate allegations of misconduct made against Department attorneys . . . that relate to the attorneys’ exercise of their authority to investigate, litigate, or provide legal advice. OPR also has jurisdiction to investigate allegations of misconduct against Department law enforcement personnel that relate to allegations of attorney misconduct within the jurisdiction of OPR.
“The [OIG] is a separate office with the mission to detect and deter waste, fraud, and abuse by Department personnel and programs. Therefore, the OIG ordinarily will refer to OPR allegations that reflect on the professional conduct and ethics of a Department attorney. Similarly, OPR ordinarily will refer to the OIG allegations against a Department attorney that are unrelated to the attorney’s authority to investigate, litigate, or provide legal advice.”
For DOJ attorneys and agents, OPR and OIG investigations can both have serious consequences. While administrative action is a possibility, these investigations can also lead to civil or criminal charges. U.S. Attorneys, Assistant U.S. Attorneys, prosecutors, and other DOJ attorneys can also face disciplinary action by their state bar association(s).
If you are a DOJ attorney or agent and you are facing an OPR or OIG investigation, you should seek help promptly. Not only could your career with the DOJ be in jeopardy, but your license, your reputation, and even your freedom could also be on the line. While OPR and OIG investigations can have severe consequences, it is possible to avoid these consequences in many cases—and under no circumstances should you face punishment unfairly. At Corporate Investigation Consulting, we are well versed in the OPR and OIG’s investigative tactics, means, and goals, and our DOJ consultants rely on their prior OPR and OIG experience to help our clients make informed and strategic decisions.
Put our highly experienced team on your side
Roger Bach
Former Special Agent (OIG)
Timothy E. Allen
Former Senior Special Agent U.S. Secret Service
Chris J. Quick
Former Special Agent (FBI & IRS-CI)
Maura Kelley
Former Special Agent (FBI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Michael S. Koslow
Former Supervisory Special Agent (DOD-OIG)
Marquis D. Pickett
Special Agent U.S. Secret Service (ret.)
Put Our Former OPR and OIG Special Agents On Your Side
Our team of federal consultants includes former Special Agents with the DOJ OPR and the DOJ OIG. Roger Bach spent 30 years at the DOJ, including significant stints in both Offices. Timothy Allen is a former DOJ OIG Special Agent who also offers insights gained from a decade of experience in the U.S. Secret Service.
As a result of this experience (in addition to experience at the Federal Bureau of Investigation (FBI) and various other federal agencies), our team of consultants is prepared to hit the ground running in any OPR or OIG investigation. We know when these offices investigate, we know how they investigate, and we know why. When your career with the DOJ is on the line, these are all key pieces of information you need to know. We can get to work immediately, and you can start making informed decisions based on our former OPR and OIG Special Agents’ advice right away.
DOJ Office of Professional Responsibility (OPR) Investigations
The OPR is responsible for “ensuring that Department attorneys perform their duties in accordance with the highest professional standards, as would be expected of the nation’s principal law enforcement agency.” It investigates Department attorneys at all levels for a broad range of types of professional misconduct—including:
- Conflicts of Interest
- Failure to Advise the Client
- Failure to Comply with Department Policies
- Failure to Comply with Discovery Obligations
- Failure to Correct False Testimony
- Failure to Obey Court Orders
- Failure to Maintain Active Bar License
- Failure to Provide Competent Representation
- Improper Authorization of Witness Attendance Fees
- Interference with Defendant’s Rights
- Lack of Candor
- Lack of Competence
- Lack of Diligence
- Lack of Professionalism
- Making Misrepresentations to the Court and Defense Counsel
- Prosecutorial Vindictiveness
- Unauthorized Disclosure of Confidential Information
- Violations of Grand Jury Practice Standards
OPR investigations generally follow a three-stage process. The process begins with intake, and at this stage OPR personnel will make a determination as to whether further inquiry is necessary. This determination is based on factors including ” the nature of the allegation, its specificity, and its susceptibility to verification.” If it appears that the allegation can be substantiated and is worth pursuing, the OPR will then contact the attorney or agent to obtain written responses and other relevant documentation. If, after reviewing this information, OPR staff determine that additional investigation is warranted, the investigation will then proceed to Stage 3. This involves obtaining additional documentation, conducting interviews, and ultimately drafting a Report of Investigation with Findings and Conclusions.
To make a finding of professional misconduct, an OPR investigation must confirm the alleged misconduct by a preponderance of the evidence. Specifically, the OPR must conclude that the attorney who is under investigation “intentionally violated, or recklessly disregarded, a clear and unambiguous legal obligation or professional standard.” With this in mind, our goal in many cases is to help ensure that the OPR is unable to meet this standard. If an investigation does not establish misconduct by a preponderance of the evidence, or if it is clear that our client did not act intentionally or recklessly, then no disciplinary action is warranted.
DOJ Office of Inspector General (OIG) Investigations
OIG investigations can target a much wider range of allegations than OPR investigations. OIG investigations are not specific to Department attorneys’ professional conduct, but rather may target any and all forms of conduct prohibited by Department rules, regulations, or federal law. This includes (but is by no means limited to) misconduct such as:
- Bribery and Public Corruption
- Conduct Unbecoming of a Federal Employee
- Dereliction of Supervisory Responsibilities
- Failure to Recuse
- Fraud, Conspiracy, Tax Evasion, and Other Federal Crimes
- Harassment and Discrimination
- Improper Relationships with Subordinates, Contractors, and Targets
- Misuse of Government-Issued Computer Devices
- Misuse of Official Position
- Providing Assistance to the Target of a Federal Investigation
- Time and Attendance Fraud
- Unauthorized Contacts with Media
- Violation of Anti-Nepotism Rules
- Violation of Federal Ethics Rules
- Violation of Information Technology Security Rules
Based on the information uncovered, an OPR investigation may lead to an OIG investigation, or vice versa. Depending on the allegations involved, it is possible that an OPR or OIG investigation could lead to scrutiny from other federal agencies as well. With our former Special Agents’ deep experience representing Department personnel, in OPR, OIG, and other matters, we can provide the advice and insights you need to protect yourself to the fullest extent possible.
FAQs: What Do Department Attorneys and Agents Need to Know When Facing an OPR or OIG Investigation?
Q: Should I exit the department while I am under investigation?
If you are currently under investigation, generally speaking, it is too early to make any decisions about what you should or should not do. There may be exceptional circumstances in which it makes sense to resign prior to facing the possibility of termination, but regardless of the circumstances at hand, the outcome of your OIG or OPR investigation is not a foregone conclusion. Once we learn the facts of your case, we can help you identify your options and consider all of the relevant facts and circumstances so that you can make an informed decision about if, when, and how to consider existing the Department.
Q: Should I volunteer for an interview even though I’m no longer with the government?
This also depends on the specific circumstances of your investigation. While cooperating with an OIG or OPR investigation can be beneficial under the right circumstances, it can also prove costly if you do not know what you are getting yourself into. If you are facing an OIG or OPR investigation, we strongly recommend that you seek advice before you do anything that could potentially increase your risk of exposure.
Q: What is the worst that the state bar can do to discipline me?
If you are a Department attorney, facing an OIG or OPR investigation could potentially trigger disciplinary action by your state bar association. The consequences of such action depend entirely on the bar association’s rules and procedures (as well as the facts and evidence at hand). In the most severe cases, OIG and OPR investigations can lead to license revocation. Temporary suspension, reprimand, and various lesser sanctions are also possibilities.
Speak with a Former Special Agent about Your OPR or OIG Investigation
Are you under investigation by the Justice Department’s OPR or OIG? If so, we can help, but it is important that you contact us promptly. Our former federal agents consult with Department personnel facing OPR and OIG investigations nationwide. To schedule a confidential consultation at your convenience, call 866-352-9324 or get in touch with us online today.