In 1975, after the Watergate scandal exposed serious ethical problems and misconduct by high-level officials, Attorney General Edward Levi created OPR. His order told OPR to “receive and review any information concerning conduct by a department employee that may be in violation of law, regulations, or orders, or applicable standards of conduct.”
During its 40-year tenure, OPR has become highly experienced in investigating claims of professional misconduct within the department. OPR has always tried to handle its investigations with honesty, fairness, and independence, no matter how sensitive or high-profile the situation may be.
If you are involved in an OPR matter or think you may become part of one, speak with a federal public integrity lawyer who can guide you through the process and protect your rights.
What is the Purpose of the OPR?
OPR’s main job is to make sure that Department of Justice lawyers do their work honestly and follow the highest professional standards, as expected from the country’s top law enforcement agency. OPR also investigates claims that the FBI punished whistleblowers. Its goal is to protect current, former, and future FBI employees who report what they believe is wrongdoing so they are not harmed for speaking up.
Department of Justice Investigations
Since the DOJ falls under the purview of the federal government, it is responsible for the administration and enforcement of that same law. The prosecutors are members of the Office of the Attorney General as well as U.S. Attorneys.
The DOJ has both investigative and judicial arms that include a lot of federal agencies, like the Department of Homeland Security, the Drug Enforcement Administration, and the Federal Bureau of Investigation.
The prosecutor handling a case usually works closely with the agencies that investigated the crime. The DOJ deals with both civil matters (like child support and injury claims) and criminal cases (such as federal drugs offenses or homicide).
Compiling Evidence
The Department of Justice and its agencies are in charge of collecting evidence to prove a crime. Sometimes this means searching someone’s property, which requires a judge to issue a warrant. If the evidence points to a suspect, the arrest must be based on probable cause. In many cases, the DOJ gets an arrest warrant to make sure the arrest follows all constitutional rules.
The Grand Jury
Once the agencies have ample proof, the prosecutor will review it to decide if the case should go to a federal grand jury. The grand jury then decides whether to issue an indictment, which means the grand jury believes there is enough evidence to show the person likely committed a criminal act and lists the primary charges against them. The evidence and testimony shown to the grand jury are kept secret, and so is the grand jury’s final vote on whether to indict someone. All felony cases in Texas have to be presented to a grand jury.
The same rule applies to the DOJ: all felony crimes must be handled at the federal level. Just as a district attorney in Texas represents the state in state-law cases, the U.S. Attorney’s Office represents the federal government in cases involving federal law. They do not represent private people, so DOJ employees and U.S. Attorneys cannot give legal advice to civilians.
Initial Court Hearings
After the grand jury indicts someone, the person goes to their first court hearing. At this hearing, they are told the official charges, asked to enter a plea, and the court decides whether they will be released on bail or bond. The person should have a lawyer appointed before this hearing.
Eyewitness Investigation
The DOJ can decide on its own whether it thinks the person being questioned lied during the interview. If they believe the person lied, that person can be charged with a crime. If the DOJ believes the person told the truth, that person may just be used as a witness in the main case and might get some immunity or a lighter sentence. Either way, many attorneys do not like this setup because the DOJ gets full access to information while the client risks going to jail.
No matter what, DOJ investigations usually involve several federal agencies and are very serious. Whether you are a suspect, a target, or just a witness, you should talk to a lawyer so you know what to expect, how to act, and what your rights are. The DOJ has the full power of the federal government, and it is never wise to take that lightly.
DOJ Proffer Interviews
The DOJ doesn’t only look for evidence from suspects. Sometimes, witnesses or people being investigated are asked to talk to the DOJ or other agencies. A prosecutor may even ask them to come in for a “proffer interview.” In this interview, the person must share what they know, and the DOJ agrees not to use what they say against them, so long as they are completely truthful.