DEPARTMENT OF JUSTICE OFFICE OF PROFESSIONAL RESPONSIBILITY REPORT Investigation of Allegations of Professional Misconduct Against Former Assistant United States Attorneys Salvador Perricone and Jan Mann, United States Attorney’s Office for the Eastern District of Louisiana DECEMBER 20, 2013 NOTE: THIS REPORT CONTAINS INFORMATION FILED UNDER SEAL IN UNITED STATES V. BOWEN, ET AL., CR. NO. 10-204 (B.D. LA.), AS WELL AS SENSITIVE AND CONFIDENTIAL INFORMATION. DO NOT DISTRIBUTE THE REPORT OR ITS CONTENTS WITHOUT THE PRIOR APPROVAL OF THE OFFICE OF PROFESSIONAL RESPONSIBILITY.TABLE OF CONTENTS neroDUCTION 1 CHAPTER |: OPR's/nesigaon vol Baskgrount Fats * 1 OPR’s Mats of nesta ee 1, The USAO's Orarninal Seer, . s I, Background for Perc Postings. * ® A. The Rives Birch nesiznton = 1B. Hebe’ Fit Laven Regnting Anonym nos Psting, (Parco Adis Posing 3+ Meas, . Laem Held Pwo SAO Mestngs and Consmees Ply show Pecan 2 Events edie FolowngPericne’s Admission 8 1, Background for Ma’ sPstings. = 1 A Ma Asan riry Resi Arig Lp seating 0 B. Heeb Second Lave Regan Anny mow nent Postings, 4 (C.Maan Ads Pottg as owsoa and Resigns. - 1s '¥. The Department Coeds Ira girs ino Prion’ s ad Man's Cond es ‘A. AUSA Suet War Preimimey Cimino Iqury Regarding Prices Condit 18 B._AUSA en o's try Reading Pecos wal Maan’ Cond 16 1. Tae Danziger Bdge Cae : 6 2. Tee bana sage Deter” New Te Moin, 7 5. Jodge Png’ November 6, 2012 Order is 4. TgDepeene Ass AUSA Hom Repo Fe Eas Novi 26 2002 5. Judge Bgstart Gras he Dani Drie Delos’ New Tri Mat, a VL The Lesa Oe of te ipa Cosel oven a CHAPTER: PosingsbyPercon and Mann on 0lcom 1. Pato Posts an pansion A. Comments a Deen Gn 8. Commeats Tat eho is Anorneys Pid or Favorable Il Rings. (C.Commeat Red be Rive Bich Inve 26 D. Comments Rel tbe Danger Rr Css - 29 Commentson Caer rine dng Til e ar F Comments ota CMe nnn 2 ._Peicoe'sExpanaton Coceing Tis Posing. 3 1. The Louisa Oz fhe Disciplinary Coun rhe u 2. The New Glee Maperine neve 3s 2, Smo Tesi ine Danger Bridge Css 36 7, Maras Postings ad spins. = - 38A. Mann's Comment on USAO Mater 1B. Mans Fapantns Concern He Postings (CHAPTER: OPR's Ault Prmewodk aod Appiable Standards of Cod. ‘OPR's Anaya Fev z 1. Aplcble Sunda Conc. a ‘A. Rules Governing Esl Steet Regain Activ nvetgnons or Pending Cases and ase ‘Statement stout dpe 1, The Code of Federal Regions: = 2, Depart of ace Policies... - 3. USAO Poly - 4 US. Distt Court Local Crimi les - 5. ThetoaaaRsler of Prosonal Conduct, = 1, Fae Sttemen bout edges and Judicial Candies. = ‘Au! Lousin Roles of Professional Condi! Imp by Mans Conde i: 1. Conumicatn been Laer ad Cit 2 Conflicts beeen Lavyer aod Cle 3. Rules ReatingtoCundr and Honesty. 4 Dishonest or stating Cninet, : - (© uty Report Mond . — CHAPTER 4: Peicne i Maan Intentionally Violet Adninsetive Reguitons Dparmeat Paes, {oe Raer and tte Bur tes Kae by Posting Commens Aboot USAO Masters 2b Feder an Sr ge ae icone and Maan Cant nentinal rofessiona Misconduct by Commenting on ACNE ‘eventos ta Poni Cte 45 4s 2 ey ss ss |A. OPR Concads Tt Perkone Authored AIL Porting AEE YD CGB nS B. OPR' Aslsis and Concasins. ai ee 1 Pelcne ad Minn Viola ler and Unambignts Rais nd Reruns Governing Berjll Satemente 2, Pericoe and Minn Conmitd atin Profesional Micon Fist Aneadment Right of Goverment Emplojes - 4 Posing Anonynoady te No an Eopsin ote Rules bd Regutons Prohibiting Extjdicia Seen “ 5. Alcan of LRPC 3.6) sn 3.0. Peisone aed Man Ittonlly Vid LRPC 6.2 by Commenting about he Juicy A. Comments Madey Perea 1. Comments Toes Were Appointed Based on Pola nuence Hate hn Mei 2. age Hele Baga sn tae : 3. See adges 4 US. Soprame Coat aie nd Nominees oe @ os 6 ° ” 70 ” 21, Comment Made by Mann. a C. OPR's Amis an Coacasions. a (M, Peicne's an Mann'sOnine Aces Were Devimetl the feet of te Deparment n (CHAPTER S: Manas Faure Keep He Cle Informed ant Her Person Cnt of nest. 2 1. Man ertionaly Vinod RPC 1.4) and () When Sh Fai Info He let That She Was Powag Cmts One abot Active Ivestipaions sd ending Cases A. Mian’ Contention Tat Se Ifomed Late. Laces Response Man's Coneton : aw 2 Mian’ Contentions Net Cred. — ee Fava Man Tldeten aout Her Posing on March 13,2012, Her Disclosure Did Not Sat Her (Ohigsion wider LEPC “ 1. Mana Vises LRPC 1 When So Fillo Obtain Her lo’ Infoed Consent in Weng, 34 ‘AL Man Ha a Paso Conic of ners in Any Conteatin Which Pesicnt'sPsings Wee sue. 91 'B,Mann Worked on Numerous Matars in Which She Had Pol Cone of ate nn 82 1 Recusal Decisis, . oo 2 eral Depnnesrvesoation nd gues = 35 3. Respuding to Defsnre Motion and Court Orr 6 4. TeBrownard cus = oe 1b, ‘TeDenize Bridge Cae. 7 © Mano Intentionally ible LPC 17 98 (CHAPTER 6: Man Liked Cando tow he adc od Dparnent OF. ° ‘AL Judge He. ° 1B. Iadge Enea. 102 1. Ma's Fit Maleding Commaniation wih des Enger 103 2. Mana’ SecondMiseating Communication with Judge Enger los 1 Manas Disonest Conse ovard Deprest OF. = . 107 A. Mann's Dishonest onde towar etn i, 1 MonnsDisonest Condit owas Barbra Bertin snd Thomas Andean ee ia C. Man's Dison Comat toward OPR nnn 109 1, Man Intent Vieked LPC) nd. 8 (CHAPTER 7: | OPR Fou lsc! idence Cone Tht LSAO Senor Magers Wete Aware of| Pion sand Manns Postings e ns 1. Peco’ a Mann's verping Postings a a IL OPR's Anais and Coasios S ‘A; Suited Evidence. - 1B, The Tnlag nd Susans of Percne’s an Man's Ovni Postings (C. USAO Seno Mangers Dee’ Knowing Tht Perione or Maza Were Posting Cosmet alse. 120 1 ames Leten : Sa2. dain. a 4. Sader enone nt 5. OFR’s Assent of he USAO Serio Manage Deni im . Ateneo Docu Ei. bs Wha en's ad Mansa Were Obi. 6 2 Ales EN a ss eines Poings DR 1. Peron’ Annynows Online Cn ve ET 0 6 Aegaton That Mn Sid Pericn's ois Wer tS gS oy Legation Th sew sou Pecos Postings 12 Ltr vase : 6 ‘CHAPTERS: Sexpisof Cen nthe USAO soa Peian's ale Actives a a ss 1 I ssh The Towe Nee AUSA Sern le ep I, PR’ Analysis and Cneasons. z ua [A. USAO Employes Who Suspected That Peco Might be Pating Commer Onis Lacke Sufi Informacion oTngrhe Day to Report Misconduct Fart USAM 1100. i 1B, USAO Bnpoyces Who Suspecied That Peicone Might be Posing Comments Online chet Safient Infra Tighe Duy Report Macondact Pusu LEPC 63 1 (CHAPTERS: The SAD's Mach 18,2012 Pros Release Wat Not eeionlly Mieaing wo (CHAPTER 10: PR Fol No Fides Esaishig tat USAO Employees Ot than Perricone and Mara ‘ited ales Probing Onliac Comments Concerning Active Investigations Pena Cue _ Ms 1. PR's Suveys ad Reon. 2 = 7 TL AUSA.otn Hem’ ny es us {UL OPR’s Anlss and Cacsions ieee 1 conciusion 10 iti A> Pesce o.com Postings Set Forth ia OPR's Rept Exhibit 2; Man's a.com Posing Set Fon OPR's Report EshibitC: Meh 15,2012 USAO Press les and Transp of Press Confrence TBebivD; —Penicom’ Regen and Adan fn OPR' ra Rept hibit Man's Repos OFR's rat Rep. bt OPR’s Amis of Percon's and Man's Poss 018 nol com sin Response to Which ‘They Bet Posted Comments Fett: Two Examples of ola com Artic a Repose a Which Both Peon ud Mann CommendINTRODUCTION From at least November 2007 to March 2012, former Assisant US. atiomey (AUSA) Salvador Pericane posed on the website nola.com approximately 2,600 anonymous comments ‘on a wide vary of subjects, cluding comments on eases to which he personally was assigned to prosecueor a we being prosculed by his colleagues the U.S. Attomey’s Offs fr the Esstem Dinvict of Lousiana (USAO}" Many of Perione's comments diaparaged eda ad stale judge, people under inctment, pervonnel inthe LISAO, defense altomeys, nd mumeross ‘hr pubic and private individuals.” -For cxample, Perzone wrote reyariog & defenant pending wal, “T hope ou have room in your sorap book fr your conviton cael mug shot? Sela tha a eceiy-indted defendant was "GUILTVTS peered to. suspect under investigation ak having “come[] from a fog line of eorrptos"* and asserted that a federal dye “loves ile aud nds ways Tet Boodoms and rapists ot of all. with he elp of. her elas friend [a defense atorey.”* ‘Prom November 2011 to carly March 2012, former AUSA Jan Mann wo then served as the USAO's First Assisant U.S, Atomey (FAUSA) and Criminal Division Chief, posted 40 anonymous comments using the pseudonym “eweman” on the nolacom website. She commented on a variey of subjecls, and several comments concerned criminal cases being handled by the USAO that Mann supervised. In one comment involving a high-profile federal criminal prosecution, Mennassered thatthe eourt ad granted mistrial “because [the judge's] ‘est buddy the defense attorney asked for it as a result ofthe but whippin’ his client was taking com the sand [The defsdant] was commiting perry right and let and was on the ropes going down (On Maren 14,2012, former U.S. Attomey James “sim” Lelten notified the Department of Justice (Department) Office of Professional Responsibility (OP) that Perricone had “expressed "OR tune dence tat Pericane post uments nde the flowing pews: “Heory 1. Menchent951 (Meek ~lgayis”“eampablae" aida ese” 5 emai pesoos, Ay 5, 2011,5.09 + tegaeys eb 26,201, 93160 © Monee Sept. 3.2081, 1085, 5 ances, Sop 18,2011, 956. § —cxapabing St 6, 200%, M4 am. AI of Peicnss Ite pings dca in OFR's sport west fda Best, > enema, Jat 28,2012, 2 pz. Allo Mann's rma postings scsi OP's repr se forth at Eb B-Pestooe' and Mann's posigscotaed taped words asd anata es. In ‘rer aoa pletiorof raced cectons of [ue onions, OPK has copied both Pericones ad M's sting rim wits msing Sorting the errs, Tn alo, when» posting Heed, lsd fies e wean of Migs thc ener Mogi pong wore ot Hace, Apu a elt ‘of cn fo henobacom weit, cen posting nara in th opt mayo lope Be ecb an he vehihis desire to sefsefer to OPR a mater revealed in the local press,” which Pericone did on ‘March 15. Leticn infurmed OPR that Pervicone had acknowledged using the pseudonym “Henry L, Menckenl951" (Menckea) to post comments on nola.com, a website associated with the Times-Picayune, a New Orleans newspaper." Nola.com published Times-Picayune ariles online and allowed realers to post coniments about the articles through usernames that did ot reveal the commenter’ identies. OPR immediately opened. an investigation eclating to Petrcone's conduct. On November 5, 2012, before OPR concluded is investigtion, Letten ‘ofitied OPR that Jan Mano inoue hina thst she used the pseudonym "eweman’ to post comments on nolacom On that sme date, Mann also reported the matter to OPR forthe Rs time, OPR then expanded its investigation to include Mann's conduc. Allegations that Perricone was posting comments online as Mencken, and Mann. as eweman, were frst made by atomneys representing Frederick Ilebe, the part over ofa landfill company, River Birch, Ine, that was the subject of a criminal investigation. Tne criminal investigation of River itch and Heebe (River Birch investigation) had long been subject of news storis published in the Times-Picayune, which generated hundreds of commnents by individuals postin on asa.com, (On March 12, 2612, Hecbe filed a lawsuit for pre-uit discovery in the Orleans Parish Civil District Court alleging that an anonymous person using the pen name “Henry L. Mencken1951" had posted numerous defamatory comments about Heebe and his family fllowing articles on nolacom. Based in part on the analysis of a forensic linguist who concluded that “Henry L. Mencken!951" was likely one of the prosecutors assigned to a case related to the (SAO"s River Birch investigation, Heche sought to depose two prosecutors involved in the case: nd Percone (hen-Senior Litgation Counsel)” After being informed ofthe lawsuit, Letten questioned Peticone about his possible involvement in the nola.com postings, an Perricone admitted that he was Mencken. ‘On March 15, 2012, Letien held a press conference during which he publicly acknowledged Perricone's involvement and denied that anyone in the USAO had authorized, “or ad knowledge of" Perricone’s online activities. Substantial local and national publicity resulted from the revelation, On March 19,2012, Perricone resigned ftom the USAO. Subsequently, the USAO was recused rom certain matter about which Persicone had commented On November 2,2012, Hecbe fied a lawsuit in the Orleans Parish Civil Distt Court, alleging that Mana, using the pseudonym eweman, had posted two defamatory comments about Hecbe on nols.com, and tat she had commented on other USAO matters as well On November eary Louis “HLI.” Mencken was. a wellknown jolt forthe Balimore Sun aewspaper wad ticay te who edn 986 Tis corments ut popula cle. peopl ead evens ar ofc te, USMO Pres Rekse,“Sttement by Unied Sees Atte J Leen and ress Availity oy” (ar 15,2012) (USAO Marah 15, 2012 Pes Res) (tached pt of Eee4, 2012, Mann amie to Letien that she as eweman. On November 5, 2012, Mann stepped dow from ec supervisory postion as FAUSA and Criminal Division Chie, On November 8 2012, the USAO issuei a public statement acknowledging that Mann had posted anonymous ‘ommenis on nolacom resting in substantial local and national publicity. In mid-December 2012 Man AI signs Yen the USA. COPR’s investigation has been extensive and is now concladed. In addition to investigating. tho specif conduct of Pemicone and Mon, OPR slaw iavcstgated what [knowlege otbers in the USAO hod conceming the online activities of Perricone and Mann aid ‘whether others inthe USAO posted comments online relating to maters handled by the USAO for the Department. As desctibed more flly below, daring its investigation, OPR conducted approximately 50 inteviews (including iterviewing some individuals more than once), reviewed reports prepared by others in parallel investigations, reviewed hearing transeripts, reviewed pleadings in criminal and civil eases, gathered and reviewed numerous documents snd ‘e-mails for relevant incividuls, analyzed online postings of Perricone and Mann and ober ‘information inthe media, and conducted tree surveys of USAO personnel Upon complctior ofits investigation, OPR prepared a drat report tentatively concluding dat Perricone and Mama engaged in professional misconduct. OPR provided Pericone and Mann, and Kenneth A. Polit, Jr, the U.S. Attomey for the Eastem Distt of Louisiana, an ‘opportunity to review and comment on the draft report. Perricone and Mann submited ‘comments on December 2 and 5, 2013, respectively. Pericone submitted an addendum to bis response on December 3, 2013.” U.S. Atomey Polite responded and informed OPR that the USAO didnot equest any changes to OPR’s draft report. OPR carefll considered Perrcone’s 1nd Mann’s comment in preparing its final report bit did not alter its findings and conclusions. Perricone’s response to the draft report and addendum tothe response are attached at Fxhibt . ‘Mann's response othe aft reports attached at Exhibit Based om the results of its investigation, OPR reaches the following conclusions ogarding Prsicone"s online postings (1) Perricone committed intentional professional misconduct by publicly cminating extrsjucial statements regarding active investigations and pending cases in violation of his obligations as set forth in Title 28 ofthe Code of Federal Regulations (C.R.) § 50.2, er seq: the U.S. Atomeys’ Manual (USAM) §1-7.000, e seq; the Local Criminal Rules of the US. District Cour for the Easter District of Louisiana (Local Rules); and USAO policies; and ©) Pevsisone wommiued professional misconduct in volaton of Louisiana Role ot Professional Conduct (LEPC) 8.2 by making statements regarding the integrity or qualifications ‘of judges or candidates for judicial office that be knew were false, or with reckless disregard as {o the truth or falsity ofthe statements Based on the results of its investigation, OPR reaches the fllowing conclusions regarding Mann's o(1) Mann commited intentional professional misconduct by publicly disseminating extrajudicial statemenss regarding active investigations and pending cases in violation of hee obligations as set forth in 28 C.F. § 50.2, et seq; USAM § 1-7.000, seg; the Local Rules; and USAO polices; @)__Mann commited professional misconduct in violation of LRPC 82 by muking a statement regarding the integrity ofa judge that she knew was fale, or with rockless disregard as, to the th o falsity of the satement @)__ Mann committd intcstonal professional misconduct in violation of LRPC 1.4(a) and (b) by filing to filly inform Letten, or any other Department official, about her postings on ‘nolacom, so thal the Department could make informed decisions about whether and to what extent Mann shouldbe involved in matters relating to Peticone's online postings. OPR did not reibe Manas algaion that on Mach 13-2012 th days is etmed that Pericone ha en named sate Gor ption for pre-ait acovery, she 1b Leen ashe te, Bd pose comments oline @) Mann commited intentional professional misconduct in violation of LRPC 1.7(a}2) by continuing to represent her client, the United States, ia matters in which she had a iect, personal conic of interest without obtaining the written consent of her client. These ‘matters included making decisions regarding whether the USAO should be recused frm ceriin pending cases; responding to motions for recusal of the USAO, new tials, and dismissal of Criminal charges; and providing information to OPR and to AUSA Stuart Walz, who was conducting a preliminay criminal inquiry into Pericone's conduct; and (5) Mann cemmitted inteational professional misconduct ia violation of LRPC 8.4) ‘when she made misrepesentations to, or intentionally withheld roterial information from, Judge Kur D. Engelhardt, tulge Hayden Head, Jr, US. Attomey Leiten, the Exceutive Office for United States Attoreys (EOUSA), the Department's Civil Right Division, and OPR. Mana’s dishonest conduct with respect tothe cours was prejdicial to the administration of justice in Violation of LRPC 8.41). Mann's dishonest conduct with respect to the Department impeded ‘OPR’s investigation, adversely impacted the Civil Righis Division's prosecutions, and interfered ith the administration of justice. ‘As to both Pericone aad Mano, OPR determined that by making inappropriate and offeasive comments, Fericone and Mann engaged in eonduet that was detsimental to the interests of the Department. In particular, Perricone risked causing significant harm to the Department when he pested comments that could easonubly be interpreted as evidencing racial Based on the results of ils investigation, OPR reaches the following conclusions regarding the Imowiedge of others in the USAO conceming Poricone's and Mann's online activities and whether others in the USAO posted comments online conceming USAO or Department matters:(1) Thg-evidence is insulFcient to establish by a preponderance ofthe evidence that Letten, Mann, or vas aware contemporancously of Perticone's aoaymos postings The evidence is insufficient to establish by a preponderance of the evidence that Lette, RII or Pericone was aware costemporaneously of Mann's anonymous postings; (G)_ The evidence is insufficient to establish by a preponderance ofthe evidence that ‘who may have cuupected that Perioone might bo engaged in online posting activity clear and unambiguous duty to report that information (0 'USAO supervisors or tthe Louisiana Office of he Diseiplinty Counsel. 4) _OPR found no cvidenes establishing that anyone in the USAO knew or suspected ‘hat Mann was posting comments online about USAO matters; and (5) _OPR found no evidence establishing that any USAO employee besides Perricone and Mann violated Department, court, or ethical rules prohibiting. the posting of online ‘comments concerning active Department investigations or pending caseCHAPTER 1 OPIS INVESTIGATION AND BACKGROUND FACTS T._OPR’s Method of Investigation In this chapter, OPR provides information about its method of investigation; the USAO's organizational structive; events leading upto and following the discoveries that Perricone and ‘Mann were posting comments online, significant criminal investigations and prosecutions affected by Perricone’ and Mann’s online posting activity; and the various administrative, Criminal, and disciplinary inquires and investigations into Persicone’s and Mann's conduct, ‘OPR has jutisticton to investigate allegations of professional misconduct made Deparment atoreys when the allegations eelate to the exercise of the attomey's authority 0 investiaae,ligate, or provide legal advice. Upon reeipt of allegations of miseonduct, OPR reviews each allegation and assesses whether further inguity or investigation is warranted. If 0 OPR determines whether (0 conduct an inquiry, in which it typically gathers documents and information and obtains writen submissions from subjects and components, or full investigation, in which it also interviews relevant witnesses. This determination i a matter of investigative judgment and involves consideration of many factors, including the nature of the allegation its apparent erodibility, its specificity its susceptibility to verification, and the source ofthe allegation. In all eases in which OPR believes misconduct may have occured, OPR ‘Conducts full investigation, including a review ofthe ease files and interviews of witnesses and the subject atorney(s)_ After being provided with waruings concerning the futher use of thei ‘statements, all Department employees have an obligation to cooperate with OPR investigations Employees interviewed by OPK must provide information that is complete and candid Employees who ful te cooperate with OPR investigations may be subject to formal discipline, ‘up to and including removal from federal service. CPR offen conrinues and completes investigations relating tothe actions of attorneys who resign or retire during the course of the investigation inorder to better assess the litigation impact Of the alleged misconduct, and to permit the Atomey General and Deputy Attomey General to onside the possible need for changes in Department polices or practices. A completed investigation may also be requited in order fr the Department to assess wheter a referral to an “appropriate bar disciplinary authority is appropriate. In its investigation relating to the conduct of Pericone and Mann, OPR conducted 50 interviews of former and current USAO employees and Department officials, some of whom were interviewed more than once OPR interviewed Heshe's Washington, D.C..alomeys and his New Orleans counsel regarding Pericone's postings." Although OPR sepeatedly requestedhis ttomey to consent to an OPR ioterview."” OPR to imerview Pericone, be destined throug reviewed the transcript of Perticane’s May 7, 2012 interview conducted by the Louisiana Office of the Disciplinary Counsel, an August 2012 article in New Orleans Magazine concerning its interview of Perricone, and the transcript of Pemicone's October 10, 2012 testimony in an ‘evidentiary status conference held before U.S. District Court Judge Kuet Engelhardt in United States »-Bowen. etal. (Cr. No. 10-204) (Danziger Bridge case)” OPR interviewed USAO in August 2012, regarding Persicone’'s postings, senior managers Letten, Manaf {ant spain fu Nuvesuber 2012, afer Ma's entne post In Inte July 2012, OPR sent a survey to all USAO atiomeys requesting information ‘conceming thet knowledge of Pericone's postings. In November 2012, after Mann's postings wwere discovered, OPR sent a second survey 10 all USAO attomeys requesting information ming their knowledge of Mana’s postings, and inquiring whether the attorneys themselves ct posted comments on any Interet website about Department matters. Shortly thereafter, ‘OPR sent a thd survey to all USAO non attomey employces requesting information conceming their knowledge of Pericone's or Mann's postings, and inquiring whether the employees themselves had ever posed comments on any Tetemet website about Department matters, OPR reviewed USAO e-mails to and tom Pesicone, Mans, Let IM. the ‘emails of other seleced AUSAs for certain time periods, and the emails of all USAO employees for certain tine periods based on Key word searches. Shortly after Pericone admited posting comments oaline about Department matters, the Department asked AUSA Stuart Walz from the U.S, Atorney's Office fr te District of Utah to conduct a preliminary criminal inquity into Perrcone's conduct. Shorly after Mann admitted posting comments onlire about Department matters, and in response to an order from Judge Engelhard, the Departnent asked AUSA John Hom from the US. Attomey's Office forthe NNorthem Disirict of Georgia to conduct inquiries into Perricone’s and Mann's conduct Louisiana Chie? Disciplinary Counsel Charles Platsmier is conducting an investigation ino the ‘eonduct of both Perricene and Mann, OPR has exchanged documents and information with, Walz, Hom, and Platsaice, including providing Horn and Plattsmier with copies of certain intervow transcripts ftom OPR’s interviews. The Danger Bridge cae was high ole cima ul ight eroseeuon of New Orleans lice cer fr thir atin lowing Hace Kt in 2008,1H. The USAO’s Organizational Structure The USAO is Ied by the U.S, Attomey and the First Assistant U.S. Attorney (FAUSA), The USAO is divided into two division, Criminal and Civil. Almost all of the witnesses discussed inthis report worked in the Criminal Division, which is subdivided into several unis. The Criminal Division is led by a Chief and Deputy Chief. Bach Criminal Division Unit is headed by a supervisor, and some have a deputy supervisor as well. The USAO also designates one or more senior AUSAs to act as Senior Litigation Counsel: they provide advice and guidance to other AUSAS and report directly to the appropriate Division Chief. Senior Litigation Counsel do not have supervisors authority At the time of the events relevant to this report, Leen was the US. Attorney, and Moun was both the FAUSA and Criminal Division Chie! Petricone was a Senior Liigaion Counsel and the USAG’s taining officer. Peticone reported to Mann and was considered by ‘many people OPR interviewed to be part ofthe USAO's senior management team TIL Background for Pervicone’s Postings A. The River Birch Investigation anonymously posting comments on The discovery that Perricone and Mann nolicom vas @ conseqience ofthe USA's investigation into allegations of coruption 2 Jefferson Parish government officials. According to press reports, in 2009 the USAO and the Federal Bureau of Investigation (FBI initiated an investigation into allegations involving improper health insurance contracts between government cities or government contactors and “_Leaen joned the Deparnest in 1982 a a member ofthe Organized Crive tke Farce, Let tice. He was promoted te peson of FAUSA in 99. 14200], Leen Became Acting US. Arey, td be teas conte by the Senet the precidewaly-appoised US. Asemey in July 2008. Tames Latea OPR Interview Taner st 4-5 (Aug 6, 2012) (Lan Tr. (Auk 6, 2012) Leen resigaed frm the USAO in Dever 2012 Late eer the Lous Ste Ba ™ pete in of hs resgation om the USAO on March 19,2012, Peco a ove 21 yaa ‘Get of the Drug Unit and Chet of the Otganized Cine ap Racketering Ske Fo rom 18 t 171 Ferone was employe ty te Feder Haren Perricone Resame; Perricone Louisiana Office of the Disciplinary Counse! Inerview Transcript a 6-7 (May 7‘an insurance company ovined by Jefferson Parish Chief Administrative Officer Tim Whitmer. ‘Among the insurance contracts under investigation was one with River Bite, In. a privately held landfill company ovned by Hecbe and his stepfather. Several of the Jefferson Parish officals under scrutiny in the public comnupton probe also allegedly had been significantly involved in awarding a controversial S160 million landfill contact to River Bitch. The ‘vestigation expanded include the Jefferson Parish-River Birch landfill contract.” In February 2011, Feel grond jury indicted Henry Mouton, a former member of the ‘Louisiana Wildlife and Fisheries Commission, on eight counts of conspiracy, accepting payofts, and lying to federal agents. The indictment alleged that from 2003 to 2010, “co-conspirator A” paid Mouton over $400 000 to use his influence withthe Commission wo frce the closing ofthe Old Gentilly Landfill, which competed with River Birch. According tothe indictment, Mouton. ‘wrote numerous federal officials waming them tat extensive environmental damage coUld result if the Old Gentilly CandSill remained open. In June 2011, Mouton pled gully 10 a single conspiracy charge and was reporied to be evoperating with prosecutors. The USAO also developed evidence conecming an alleged embezzlement scheme by Dominick Fazzio, the Chief Financial Officer for River Birch, and his brother-in-law, Mark Titus!" Titus pled guily and became a cooperating witness, and Fazzio was indicted for mail fad, money laupdezng, and related charges. ‘The prosecutors asigned to the embezzlement attr were Pericone, and AUSA #1.” The ease was st before U.S. Distriet Court Judge Helen Berrigan. “The Facsio cae generated estenive, acrimonious litigation. On September 19, Fazzio filed a motion seeking dismissal of the indictment for prosecutorial misconduct. The defense alleged that the prosecutors had violated Fazzio's Fil and Sixth Amendment rights by interviewing Fazzio ouside the presence of his attomey. Defense counsel asserted that the The TinerPeyume publhed mameous ets and efor on te couse Jefferson Pash Rive Bic dtl contact" Toe canta ered Jllemon Par cose ts public lanl ad ead Jefenon Path ates an ernst rcs oe River Birch il or fe of ess than $6.3 illon eestor 25 years Adding tote cotoveny weft at Hees wie, Soe, od been abet ike efron Parish Comrie goverment boty tht proves the conract Eight mon imo be sce {tr off, Spc vesgned er poston, only 2 month before Jfeson Pars ofc began kag action 0 popes tthe pla ni, I addon tthe Jeon Par River Bch bod cana the Seles Parh conupionfavesetonIncladed legates tht Whioner,Jeflewon Parh President Aen Foun, andeffsonParah.Aterey Tom Wins agape in prll rd involving Bross’ ‘hempfcn, Kec Pare tn 012, Wraer roast. Wikio, nd Paar led ul to charges eaing ‘tom be pall scheme pecan the indictment, Fazio aie Tie wih embuzling mre than SI mies fom ‘nes Serves, enracton aagsmet co-ed and rin by Ts. To pte tc privacy intra, OPR tft Hine AUSAS, mi-evel AUSA sopervisors. and um -taracy USAO sa who are ot ject of PRs ivesigulon by ber, bl ot hy same, an alo wes tale pronoun ose nin, wher hy in ft area femaleembezzlement case was “merely a tool being used (0, beaten and pressure Mr. Fazzio t0 ‘cooperate in the Gavemment's River Birch investigation." Shortly thereaer, poo learning that Fazzi's attorneys’ foes were being paid by River Bitch the government moved to disqualify Fazzio’s aitomeys, Stephen London and James Cobb. ‘The government argued thatthe foe arangement would prevent the atomeys from engaging in plea negotiations. In December 2011, Judge Berrigan granted the government's motion and Siequalted Favvia's defense evnsel. In January 2012, Fazzio retained Arthur Lemann, Ul ote local defense attimey, as his new counsel (On October 11,2012, the government fled a superseding indictment charging Fazzio and ‘Titus with additiona crimes relating to fraud schemes involving Gamer Serviess, the construction management firm co-owned and run by Titus, and also added new charges against azzio conceming at fraud scheme involving another Lauisiana company." (On March 8, 2013, the government moved to dismiss with prejudice the indictment and first superseding inicment against Pazvio and te second superseding inetment against Fazzio and Titus The goveriment's one paragraph motion to dismiss stated the motion was “based on evidentiary concems znd in the interests of justice.” Also on March 8, 2013, the government informed Heebe’s attorneys that Hehe would not be charged in connection with the River Birch investigation. Judge Bergan granted the motion to dismiss on March 12,2013, B, Hebe’ Fist Lawsuit Regarding Anonymous Internet Postings ‘On March 12,2012, Heebe filed in dhe Orleans Parish Civil District Court a Petition for PreSuit Discovery. The suit alleged that an anonymous individual using the pen nsme “Henry LL. Menckenl951” bad potted 398 comments on nola.com from August 15, 2011, through March 11,2012, Aecotding to the pleading a significant numberof the anonymous comments ‘concerned active USAO cases and, in purticuar the River Birch investigation. tleebe claimed thatthe publi online comments conceming him, his family, and his company were false and * Hscbo's g00ee ts cooked Hecbe alleged that evidence “strongly indicates that Mencken js in fact a member of the United States Attey's Office forthe Faster District of Louisiana™* Attached tothe pleading vas a teport authored by James R. Fitzgerald, a forensic linguist and former FBI Criminal Profiler. Fitzgerald conducted a “forensic linguisticfautborial atbution analysis” in which he compared approximately 550 online postings with one legal document that ad been filed in the Fazso case. Fitzgerald conc that the “writing style ofthe (author of the postings), when ‘compared tothe writing style of the author of (the legal document) is CONSISTENT to the ‘ett fang an er ae” hae Manche empl nd fri rae Sh Contrens aes hard Sac Bren, Cr Nor 10204, a 19 (Oe. 10,2012) Danger Brie Slates ‘Conerene Tr (Oct 10,3012) OPR cote ot Kaow why Perkone mentored eter az [Upc the {oto Office ofthe Diseiary Coase bt ot drag is tsimon he Daag Midge ese © Aktowgh te tanacipe of Pevzone'sLausna Ofce ofthe Disiplingy Counsel interview ete tht Perisae sid be posted comments ander heer aun fp (oabout» hypica) OPK Ted ‘aris on ala aby flop (with ape), bt not by fd up hoa a yp. © Seeluivomeccootconieer ponent In oe resp Pascoe tle “Sore ou ar. ttl io aed need be intial” leycyu July 17, 1, 34-2." When Perone objected the poral of a alan ship capa in 29 ‘seo coon, bo pind ote eatoorst* se your mame Kalb. Whare you wl sodden when Yow Seeds cron? Yoware Jatin te human ston id iret Be taped ne the a fo ba ‘Spin sor wn it ncn, 9,213,102 © ta remiin's sepase to OPR's daft pa he epenacyaseed tat 9.56 percent of bis meat nee not workchts Boricne df ot pte OPH ag tha he posted teas 2600 commen Itt pcan of Penn's -onmeus were vores then Perricone aseting hat e posd approxi 11 worked comment: However, Parco afted posing 72 comments abo fhe Daneper Brae ‘Bootogs lane, See Peo Resp 3.02. Mocever, tel thin Exe A and ugha NS Report, OPK [ont te Parsons ped mae on 1 ome abe Deparment matersvashingtonpost.com** OPR also found evidence that Mencken postings were accessible on rive.com and massive. com In his postings. Pericone repeatedly discussed active USAO investigations and cases. For many of the cases about which Perticone commented, he was directly involved in the investigation and prosecution. In addition to the prosecution of Dominick Fazzio, to which he Ta respons oa Fanta 208, ahigon Poa ail conceming Lovsna US. Serato Mary andi, en, “Sen Lids defde heel” carts psted four ema, several of which conn ‘tn word coer For sample, apt wrote in art Iai ereiptouths or cyt in the dona shape we nd jas wasn Nagin Gosh! was {Jeane (0) of incompetent a corp polis and practices whch Ro cast ws the depp of ‘eked pole apa The Lande hohe onerous hand nl of Ths fl wl be ‘sum cord! campbig,Jn6,2008, 111 pa. In espns oa Juiy 2010, Pon cm aril concern retire aneal Wesley Ck entle, "Wes ‘late soning Hose Bu” egzjar posted te commen Seelguyesn, Jan 18,201, 1125 ars ee ‘bpsivies. polite comPLasbessniN}10/Wes Crk considering Haseena a apnoea ne 1, 2008, bens o.com article cncenng a ses dlivred at President Obama's fonmer chuchy efi, "Rev Pg “Asia tr the Greet Sin Agaiet Cod” campeibie posed (0 ‘Smet hl roles aval onthe web, inediag e falWing hy can nt whites be aca? [ven a mori lack ly and can fel he ate vy dy 1 stove omned abd, rr hive my ancso's BUY ips sys Fam al rexpnae? Great on Reng scat fens my fly nvr ened hse vary aaron, Thane (Se beng refine sok agenda har seen is gore caps, Jane 12008, 1:13 pm. In esgonse toa Jamary 2008, mice on ntonlloural cow coesaing presenta candidate Hillary Ctnon, cpt posted comment, which sn longer vase tt eb, wag pa Obama is comm oll. Hillary jut pare Bolesheit. ho among ws think ow aes retool? rouse Iden dou outa red to pay mare lar the ast 8 ears? cal hae RS tre than ling to ace mors tha you one Ak yous why You ka hckin mare mney fot sable stn DC? Who ano lie ta he American espe should cd the wealth recre, minds and nds to he Unie Stes Goverment? Thay wrk fora rat as for them hr Oba or Clon wold make great sient Oh, the oo lesen cal want chanson ef Tink for Cheats ake ink or thesscdr, ink your ow ake campato,an. 5,2008, 257 pn © sfassvesom consid ifonston dicing ht Macken had ose 602 comets oth website, However, OPR ws abl oases any oF tone commen. Dace the masse com lve em, and [shor wcbstesspea be an by te sane compre catty, the Mensken comment om ala com ma alo ve ben scene on maslive com and iva.‘was assigned, Perricone also posted extensively on cass involving members of the Jefferson family, a. polically prominent and well-connected New Orleans family. Former U: Representative William Jefferson; his brother, Mose Jefferson; and his sister, Betty Jefferson, wwete all convicted on various public corruption charges. Pericone proseeuted one of Mose Jefferson's cases, Set forth below are examples of Perscone's postings that related to USAO investigations or cass.” A. Comments on « Defendant's Guilt tm numerous postings, Perricone opined that a defendant who was pending tial, of was then in rial, was ull Following nolazom's online posting of the 44-pogo indicument of Henry Mouton, who vas alleged to have reaived payotts tus his influence as a member ofthe Louisiana State Wildlife and Fisheries Commission to close the OM Gentilly Landfill, which competed with River Bich, Perricone commented: 4 read the indent here i m0 tegiimate reason for this typeof behavior in “sucha shor period of me and for a limited purpose. GUILTY! Commenting ot an article conceming the indicunent of Fazio, the Chief Financial Officer of River Bitch, Perticone wrote: Well, Mr Fazzi, I hope you have room in your scrap book for your conviction ad mug shot. London did't oo well with Archie Kaufinan. You're next! ‘After Judge Berrigan disqualified Fazzio's atomeys due to a coniliet of interest, on atcle reported that Fazzio had obtained Arthur Lemann as his now attorey. Perricone sated: Looks like Fazio gota lemon, That book you refer to Mr Riowe is about all of is asses, The gu is aclown and Fazzi i going down? F Hecre othe volane of Perc postings many ether exes could be ele; OPR rovides ercnenanges aie oases whether Peon be le and reels eticting comments howe pending masters. Ax evil Hote, AUSA Wa conical a septate pciminry inguya5 9Wete Perncine's postings vill ile 6), and War enclaced th ey dh nol According” OPK Ot investigate a ee egy eb. 26,201, 8:16 am, demas pesmi, Aug: 5, 2011, 3:09 pom Step Landon ss Fuso’: atom until ‘December 2011, when be vs sald by Judge Began. London bad also recseated fom New Ores ole eto Archie Raina no eas conven 201 fe is olen elping cover pan egal sho ‘by Glow ofan the Derg Bi flowing Maia Kaisa © stench, fn. 13, 2012, 1036 pam The ace mena Lema’ memit “Hail 9 the Dragon Sayer” asDuring the trial of NOPD officers accused of shooting Henry Glover and burning his body in a car (Glover ease), Perricone vote Let me see if derstand this: The cops, throught thelr attorneys, admitted that ‘they shot Glover and then burned the bod) in a car that belonged to another man, who was not arested for anything..IGHT??? Guill! Now, le's get on t0 Danzinger” During the Danziger Bridge case, the high-profile civil rights trial of NOPD officers who shot and killed individuals erossing the Danziger Bridge after Hurricane Katrina, Perricone poste [Tyke only police force to use deadly force throughout the city was the venerable NOPD. Perkpar we would be safer ifthe NOPD would leave next hurricans and ler the National Guard assume all law enforcement duties. GUILTY AS CHARGED.” Commenting on an article about a New Orleans attorney who had been indieted for various crimes associatd with his alleged theft of over $30 illion fom hs nw firm, Perricone, ‘who was one of the ass gned prosecutors, responded to another commenter MINDS: Go dawn to Federal Court and read the warrant and complaint. It ill tell you from where the " hacking” occurred This guy is gore! Look a the prasecuiors wh are handling the case. No lght-weights there Following an aricle about the rial testimony of defendant Mark St. Pete, wit had been charged with paying ety officials in exchange for contracts, a commenter asked, “[jow many times do the feds have to prove this crook led?7772Hust put him on the bus #9 Leveawomh.” Perricone responded: Agree. This uy won't be smiling na couple of days. He shoul have cut a deal. What kindof lavyer does hie have? Please get his thing over with and Tam tired of looking ot tht pasted-on smile on Mrs St Plere.. ENOUGH ALREADY!” 2010, 149 am, The Glover case wars hgh pole poscon of NOPD ‘chil sighs ding Hamicane Katia, resatng in lover's deh In Decemr 2010, srs NOPD offers mee eae of ei ahs cme ling th bai adcoverp of Glovers deat The Fh Cave Coat of Appel sabeeily granted ew nl fot of he aes Tae ‘il of David Wane, tbe fcr wh rot Ola, aed nat equal en Dede 1, 2013, % ama prsoae, Aug 3,2011, 706m, capstan OL 17,208,935 an —tepneyasa May 25,2018, 1220 pm 261. Comments That Heehe or His Attorneys Paid for Favorable Judicial Rulings and to Slence Witnesses Lpostitgs, Pericone stated ot implied that Heebe or his attorneys hd paid for tulings and to silence witnesses, ‘The Times-Picarnne reported that Heebe made a $250,000 interest-free Ioun to WWI talk radi host Garland Robinette, allegedly in exchange Tor Robinetsertcving the reopening ofthe Old Gently Lancfil which competed with River Birch. Following articles discussing tbe Joan, Peicone suggested that Hebe had paid for Robinte's silence: Looks like he gor another 250k to keep his month shut. What a show!! WWL ‘radio is dead!" TRANSLATION: Heebe's attorney's won't let me tall est implicate his tient Additionally Lam New Orleans Royalty and I don’t have to explain anything to ‘anyone In December 2011, the Times-Picayune eeported that Jefferson Parish President Aaron Broussard and others had been indicted for payroll fraud, The article also reported tht the payral allegations were part ofa wide-ranging investigation into corruption by JefTerson Parish officals that included allegations concerming the Jefferson Parish-River Birch landfill contract. Following the atc, Pericone commented guess Heebe wl be eriting more check this weekena™ Approximately two weeks later, a Times-Picayune columnist criticized Broussard for ‘certain postindictment legal actions he and his atomeys had taken. ‘The coluran concluded, “Priends say Broussard s prepared fo whatever may’ befall him, Bravo for him, but God knows, Ihe nowds a good lawyer.” Peticone responded: He's gor the best Heebe can buy.” ‘A Times-Picayune anicle reported that Judge Berrigan had ruled against St. Berard Parish in a lawsuit alleying racial discrimination relating to the Parsh's housing restitions. Perticone commented % —Monckn, Sep 7,201,759 a0 Menon es 2011, 125090. Mencken, Dee. 18,2011, 902m, ”DA Parish should hire Pred Heebe as their attorney. ‘Then, they would win. Is ‘there another Portes inthe fing???27"" Following an article conceming the convictions of several individuals for bribery involving contractors ind Jefferson Parish and New Orleans city officials, Perricone wrote: Lerten shouldn't give up on Jerson Parish, But appears, sadly, that Hebe got the judge in ie pocket. Good Luck Feds!!!” C. Comments Related to the River Birch Investigation In addition to the comments set forth above, Perricone repeatedly mentioned Heebe or ‘River Bich in his postngs online. Some of these comments are se forth below: (Over, but ifthe Ford dealership pays a goofy public offical nearly a halfmilion dollars to ave he parish close down his competition, then that i @erimenot ‘marketing, Locks lke Heebe had 160 million reasons to pay Mouton” Now, whem Heebe needed 10 corrupt the airways, he bought you [Robinette ‘Don's insult us anymore by telling us it was @ loan. It wasnt and we know that ‘As Tang as you persis in ying, we will persis in honoring you with ow dishonor CLICK?! That's the sound of me turning of my radio, Thope your adverstiers dda the same." {If Heebe had one firing smapse, he would go speak to Letten's posse and purge himself of this sordid eplsode and tet them go after the council and public afta "hy roto tis pin. props Quen Jer has something sy ‘shout thar 7% Meneen, Ot 19,2011, 7.06 pm. “DA Pats” is oa sang fr St. Berard Pash. “Poteour” Ina etense to he rotrna sae of US. Dac Dae Thoms Pores Hom tb Easter Dt of Loins, ‘tho slegely recived gh rites and engage nother miscondctAlheugh ho charged iia 2010, Suge Porton war eit yt Unie Stats Seton for aces of peter and eoved fom, ‘te. 7 sencken Ost. 15,201, $11 ama, Neer he atl, which concered the coniton of « senior fr bribing New Orleans ofl ore suoualng comme, sheds Tipton the dpe hm Persone was cefenag, Even witout Krovi with erty te deny of e jugs, Parone & Cealy ining lesb prcased aera Eom 9 oe. % ——epsyuia. Jane 2011, £32 am. Perens presnably mas refng to the $160 ion Inn contract betwen Jerson Pash at Ree Bach, "Mencken, Sept 8, 211, 816m, © aooken,De. 18,2011, 1021 am. Hebe’ wie is eter Sed.Goran if you want to restore what Is lef of you auered credibility and image come clean withus We now this isn't loan. We now what the money was for “eee comes fram along line of corrypiors. Don't be ane of is stooges. Get on ‘the mike ond let rp. Tellus the tra We are waiting D. Comments Related to the Danziger Bridge Case Persione repeatedly commented on the Danger Bridge ease, before and during the ta ‘As described above, the Danziger Bridge case was a joint prosecution by the USAO and the Department's Civil Rights Division of police officers who were accused af shooting unarmed civilians onthe Danviger Bridge just aftr Huricane Katrina and then eovering up the shooting. ‘OPR recounts some of Pericone's Danziger Bridge comments below. Prieto the tri, Perricone posted two comments in response to an article about the anticipated plea ofa poise officer eo-defendaat™ Despite defense attorneys protestations 10 the contrary, It would be prudent jor those ivolve to sonsder the ack record ofthe US Attorney's Office. Letten's people are not tobe rifled with {ater that same evening, Pesicone posted again concerning the same article ‘The cover up is abeays worse than the erime. Archie, our time is up! Perricone, several months later, commented about snother article relating to the pea of police officer co-defendant: ‘he Fede never forge... oficer is doing the right thing...wish the others would, then IP would be over” Perricone posted a number of comments during the trial. During jury selection, Pesicone © Mencken, Sip 3, 2011, 1554, A pte Danser Bride fenton alles ister ne Wel tion that he pveriner a ngrpety ake te fafenaton about plc offers aside plea the pes, 9% seeeyun fb. 23.2010, 617 9 % egg Tob 23,2010, 104 pom. “Ase fest Arie Kawau, coe ofthe Danae tes, May 20,2010, 4 pen »NONE of thes? gs should had have ever been given a badge. We should research how they got on the police department, who trained them, who ‘supervised dhem and why were they ever been promoted. You pu erap in-you get crap ox ‘During the tril, Perricone posted: [he only potce force 1 use deadly fore throughout the city was the venerable NOPD. Peripas we would be safer if the NOPD would leave next hurricans and let the National Guard assume all law enforcement dites. GUILTY 4S cuarceD® Commenting on an article about the testimony of former Police Superintendent Warren Riley, Pericone posted: He can't remenber whic deputy chief he intrcted to conduct investigations of police shootings??? Thank God he's not chief anymore. Looks lke he's ‘reached his capacity for competence at Southern ™ (Commenting onan article about co-defendant Robert Fauleon’s tial testimony, Perricone posted: Where ie Madison's gun? Come on officer, tell ws. You shot because you wanted be part of something you thought, was bigger than you. You lt your ego eortrol ‘your emotions You wanted 10 be viewed as a big man among the other officers That's the creed of the NOPD and I hope the jury lenores your lame explanation and renders justice for Mr. Madison. To do less, is to sanction any cop who decides it sin hs best intrest puta oad of buckshot inthe back ofa disabled ‘american in Broad daylight?” ‘As the jury was deliberating, Peticone posted: I don'r think te jury wil leave the dead and wounded on the bridge.” 7% eppyui Jue 22,201,819, raat sons, Aug 3.2011, 706 um 1:52am, “Souhes” refs Souter Univesy la Baton © rama penone, aly 25,2011, 9 eats perma, July 28,201, 83600, rama sone, Ave 4, 2011553 pam PyE, Comments on Cases after Indictment or during Trial In adition tothe Danziger Bridge case, Pericone repeatedly commented on other eases pending tial ss well. Fersicone posted numerous comments on priceedings in United States v Frasin, a case pending til in which he was one of thee prosecutors assigned. Following ludge Bersigan’s order disqualifying Fazzio's attomeys,Perticone commented: 1s the right deision. Judges don’t take this action lighly. There must be something going on ore don't knoe about or the TP [Tince-Picayune} is 100 stupid (more likly) to understand. Please get to the bostom of this, PLEASE!" Farvio’s defense attorneys alleged thatthe prosecutors hi committed misconduct by speaking to Fazzio witout his llomey present?" Following an ance reporting on the court's der directing the disclosure of records relating tothe misconduct allegutios, Pico posted: Asa retired attorney, and thank GOD, Iam retired, {don't se the issue here. If Fazzto showed yp at the prosecutor's office, what happened then? The story seems fo drop of ther. What happened next? Did he confess? Am I missing something? Whe called the meeting? Why was there a meeting? And if Fazzio * layers couldn't represen him, then what damage was done to Fazio during recting he wonted? Dann, I confused and your story doesn't help one bit, Ym ing to hed.” “Hell hath no fy like a prosecutor searned” the ever combative Cobb said as he let the courtrooms.” Mr. Rioux, you mea the ever-sodden Cob, don't you? Jim Cobh a frebeand??? Only when he's fil of frewater”” tn 2008, Mose Jefferson, the brother of U.S. Representative William Jefferson, vas indict for bribery of Ellenese Brooks-Simms, former President of the Orleans Parish Schoo! Board. Brooks-Simms pled guilty and testifid against Jefferson at bis trial, which began in ‘August 2009. During the al, a€ which Pericone was one of the prosecutors, Perricone ‘commented: Menean5, 2012736 pen ude Beran dei heist matin rig the proscar: al ace appr 7 seta, a 18,20 1096 pa. Mencken, Nov. 9, 2011, 710 pan. James Cobb, lng wih Stephen London, eially epreseted Fava beer edad by ue Began. 7 aoe, et 26,2001, 740.0they gor the corrupted, now they have to get the corrupt ‘Fawer has screwed his cllet!I"' He revealed exacly what Mose needed on the board to get what Mose wanted, Good job Mike!!!" You're just as arrogant as Bllenese.-and he jury knows i.” Mose Jeffersor as also charged in a second indictment; that investigation was handled by a different team of prosecutors. Jeferson, his sister Bety Jefferson, and Renee Gill Prat, a former New Orleans eouncilwomen and state representative, were indicted for funneling money to. nonprofit organizaions contzolled by the Jeffersons. Following afiles discussing the indictment and other cout proceedings, Perricone posted: The sad port ofall this is that Bil [Jefferson] is preventing his siblings from pleading guilp. and cooperating, thus exposing them 10 more prison time “Additionally, local defense atorneys are just milking these cases for their own 20 gratificatin and financial enrichment Something sick about our system. Ther rel sad pat about this i that hey stole fom their own people, They hate white people so much, but no white person would have stolen from the poor." ‘Buddy Lemmon is only interested in making a buck. He could care less about the case because he doesn't have to do the tine. The jefersons are fooooodls* The only wacko in court Friday was Leman. Oh forgot, Fawer to. These are ‘wo attorneys who have put more af the eliem's in prison because of the rabid ape Aug 16,209,741 pe > campatie, ng 15,200,919 pom Mica Fawr, Sllerson's store, wae parla ret of Pees rial comnts Perce ko pasted, Fane on i (engstlo, Ap 15,2009, 47 pan), Favorite Boy of wan” (egeysa, Fe 9.2011, 1220 my, "Fane soo over rae esc, Nov. 15,200, a pm} “Raver ml ever ae is foc. tha' all the Wir ont SSBRBESSBSISRSSS™ gaan, Sept 15,2009 5.50 pny aod“! Re NEVER som 2 more ropa erecta a8 mie” (epucas, Aug. 22,2008, 534m), "© egacynsa May 22, 2008, 9:40 pm. Atte time ofthe potas, Wim Jfteson was pening sialon compan ae in eel coun Vega. Mose Jefevon aad Boy Jeleen wee eng Wal i {del cout Leann "carpi, ay 28,2009, 8:29 aa, > sepsyusa May 26,2009, 9:28 am. Artur “Buy Lemann Mf represected Mase elon. On sever oceasos, Percoe ed bot the egcjsa an empaths to comment cn the sme aril,20's than any ter atrneys in New Orleans. The government shoul ¥hae i socusy, ule Casting, like most attorney, just know how to run their months. They ‘think i generates new eens for them. Buti jst makes them took folish, lke ‘Castang needs sel. 1's the oldest trick i the book-bulld up your client so you can charge themmore and more and mare..then you plead them!!! Mose you are Deing thn fr «ride..CUT YOUR LOSSES!!! icone commented: During Renee Gil Prats a, "The more Fawer tlk, the deeper he sinks his elient Matter Comments on a Ci In May 2010, the Department's Civil Rights Division publicly announced that it had initiated a civil investigation into allegations of patterns and practices of civil rights violations by the NOPD. Following tie Department's announcement in March 2011 that thd conetuded that the NOPD had engage in a patter of misconduct that violated the Constitution and federal laws, the Deparumett andthe City of New Orleans negotiated a seulement that resulted in a ‘consent decree that vas approved by the court in January 2013. Perricone played a liited role in the negotiations betseen the Department and the City." During the investigation and. negotiations, Pericane made oumerois comments disparaging NOPD managers and lauding the federal investigation ofthe NOPD: ‘Thee NOPD will never change if eft t0 ke own devises I's a corupt culture which has exsed for years 1am opposed othe Federal government residing in ‘our ives, bu hit oe ime Fean make an exception." ‘mpeg Jae 6, 2008, 923 am, apace Mr 2,200, 836m % tepau fe 11,2011, 755 an tn Deceber 201 our hat efron Sad bee goed termina acer ot Seveel he deeds ‘amie Toy 2011, Moe fern ian pon om My 12,200 "mere ct approved he eset decree, the City of New Orleans moved to vacate ting in tt ericone’s ae ne gts ads dparaging abl omments shot he NOPD. The Ca vans eatings, ad the edison Serer Pezone asthe “pnt psn” repesemng te USAO ithe consent ‘ere epson. Loten,hometer, ld OPR tat he Leen] wat he USAO's point person” in tengo, Im ligasn conning th omen ere, the Boar dvrbed Percne’s rl he nests to 1 Meee fb. 5.2012, 825 am.Serpas’ success as police superintendent is direcly proportionate to. hove vigorous the court-appointed police monitor will enforce the consent decree. Left te his own devzes, the NOPD, under his control, wil hackle into the morass i has become over the past 20years While these heroes are making promises, where 1s the Consent Decree they. promised? You can't have reform wih out the Justice Department inthis city. T {financially suport Mich, but I beginning to have second thoughts. SHUT UP “AND PRODUCE G.__Perricane's Explanations Concerning His Postings Perricone has been questioned three times about his online aetvities: by the Louisiana Office of the Disciplinary Counsel, by New Orleans Magazine, and by atomeys participating in an evidentiary status conference in the Danziger Bridge ease before Jodge Engelbact. OPR and ‘USA. Hor on mor than one occasion requested. an interview? sith Perricone as wel "Notwithstanding Perricone's reported statement in his New Orleans Magacine interview that,“ ‘want tobe investigated because I want fo get this cleared,” Perricone, through counsel, declined (OPR’s and Hor's repeated requests for an interview. The Louisiana Office of the Disciplinary Counsel Interview Perricone was interviewed on May 7, 2012, 28 purt of the Louisiana Office of the Disciplinary Connsel’ investigation into Pericone's online comments on nolacom and other james. Perricone acknowledged knowing that prosecutors are not permitted to make xtra statement: [Aja atiomey is not supposed to make extrajudicial statements. For example, he can't stand on the courthouse step and excoriae your defendant. You can't, reveal 6F material, which is grand jury secrecy material... . You can't bring any {ype of opprobyiom onto a defendant a all. mean, you can talk about the case ‘once it's adjudicated, but you know, and. eally, you've got to watch what you Say then, Because theres right ~ he's still got appellate righ that attach. So T ‘think the rights with DOI ~ rights, whatever ~ regulations are consistent with the canons af eis.” Perricone also acknowledged that his postings on nolacom were “absolutely inappropriate,” but he eserted that "i]t was... never my intent t influence the outeome of any Menken Sept. Menon, Nov. 22,2011, 1:24 pa. 2 35pm 1) peione Tr 331-32 (May, 2012)case at any time through my anonymous blogging." He stated that he roegpnized that his ugh done anonymously, “implicate [LRPC] 38, Absolutely." When asked to explain his conduct, Perricone state: Pericone admit that in dition to Mencken, he also wrote under the names legacyusa and dramatis persone, and stated that he possibly posed comments under the name fe-up Pericone said tha he dil not ecll using the name campbluc"™ 2 The New Orleans Magazine tnterview In an ance pblisod in the August 2012 issue of New Orleans Magazine, Peticone dite that in adion tothe Mencken pseudonym, he posted under the aames legayusa and Gramatis personae:"" According to the artels, Pericone stated that e “eresed the personas Because he kept forgeting the passwords” Perricone tld the reporter,“ don't remember using camp set ive.” Perricone setertd in the article that his postings provided a means of relieving stess, because “the constant fw of coruption allegations thal came into the US. Attomey's Office all” Powicone told the reporter that “he became “jaded” and ‘cynical, sullen and ";he elt “helpss in eying fo help New Orleans. I was burned out” Pericome denied la Mls Joton Je, “Sal Porzne's New Chapter Foner pect, ala “Henry 1 Meneenl951 speak oot sew Ofeae Meare, Aug 12012 Nee Onoon Main view)lating the Federal Rules of Criminal Procedure governing grand jury secrecy. Ina statement sigued by Pericone and. published by the New Orleans Magazine under the title, “Sal Pemicone's Slatement to the Citizens,” Perricone stated that he believed he “hai a First Amendment right to post comments anonymously on Nola.com,” He acknowledged, however, “While 1 that just because “somthing i legal does’t mean you should do it” He also stated, dida’t steal any money kill anyone or molest any child, I did make poor choices.” Perricone denied that anyone inthe USAO was aware of his online postings: “fim Letien had no idea of what Iwas doing Jan Mann had no idea what {was doing. This is on me. take 100 percent ofthe responsibil 3 Sworn Testimony (On Oetober 10,2012, Pericone testified under oath at a non-public, evidentiary status conference held in the Danziger Bridge ease. Peticone was questioned by defense attoneys, the soverument, and Judge Engelard Perricone testified tht he posted comments under the names Mencken, legacyisa, and Perricone sti Perricone agreed witha proposition put to him tat "Nola com slrbul comments to your sere names that you did not make.” saying, “As I sit here todaPerricone's responses ta. questions conceming. postings about failed real estate development, known as “Algiers Landing” or “Algiers Crossing” (Algiers Landing mater), and Lovis Dabdoub, a canlidate for Superintendent of the NOPD. caused Judge Engelhardt 10 ‘question Perricone’s ruthless. During the status conference, defense counsel questioned Perricone on vshether he revealed Rule 6(e) oF otherwise confidential maesal in comments he made conceming the Algiers Landing matte," In response, Pericone testified that the comments he posted concerned a New Orleans poli i reports, and that his reference tothe developers involved in the realestate projet constitied “a poor choice of words”" With respect to a campstblue comment referring tothe Algiers Landing mater, Perricone testified, “T don't remember wen that. Like Isa, I don't ust this Nola.com st Defense counsel also asked Perricone whether he divulged non-public information wen he postod a negative comment about Dabdoub and suggested that the sclecton commit forthe police superintendent position should “speak to the Feds” before considering Dabdoub forthe nati nt vate Rule 6). aa nent reding 51, Mann's Postings and Explanations 2 According to nolac man autiored 40 posings ror Novernber 4, 2011, 0 March 2. 2012." majority of Manns postings were fo esponse lo articles about both the federal and sate criminal A. Mann’s Comments on USAO Matters CPR identiied sight comments hy Mann that concerned active investigations or cases pending tral” Mann posted three additional comments afer the defendant's sentencing, while the ease was on appeal. In response to an article on nola.com about the USAO filing aional charges against Fazzio, Mann posted two very similar comments within a few minutes ofeach other (which she explained as her ealy experimentation with the postin proces): Like Rence Gill Pratt and Mose Jefferson and Mark St Pierre did, Fazzio is ertanly ened 10 take his best shot at beating the odds for conviction The jigs in federal court seom to uniformly find thatthe prosecutors are doing th right thing and roving ther cases beyond doubt. Too bad for Faso ifhe is only ‘aking eis route because he's afraid ofhis boss. Does anyone see a patiern here? 59-60. OPR didnt nventpte whether Peicon'seimony regadng Algiers Landing ce Dados was fea tht ste was wih the vege of AUSA Ham's review © etapa ota cme with repeat to ater comments, some inizaces aouph tho athe on which Mana relatos to a USAO mt, Matas couanon dot41 Copeland and now he works for Fred Heebeltim Ward? He used 10 wor Birds ofa feather Fazio 1s certaily ented to lake his chances at tril jst as his predecessors Renee Gill Pratt Mose Jefferson, Mark St. Pere et di Federal rors seem t0 tweys find the prosecutors have done the right thing and praven their cases beyond done. Isa pity if Razzo i taking this route atthe urging of his Bosses ‘rsd thelr minions. Sound Tike he eould cul his losses. Does anyone se a ptern here? Fuzzio worked for Al Copeland and now Heebe/Ward? Birds of a father. In response to an article that Fazzio had obtained new counsel, Mann commented Lucky Mr. Higs Profile atorney won't beable to put the fx in in federal court for Faczio like he dd for Ciel Orleans Parish Leman actually referred to himself as a Dregon Slayer in is book - you got tobe kidding. This guy looks like Boss Hog and hasn't looked ata aw book since he left school. Iie's beter than those last 3 oers but couldn't you have come up with somebody better on the 2nd try Face Mann's comment in the second entry that i "sounds Uke b his loses” appears to art thal Fazio should cooperate withthe prosccution, 12011-2012 the Times-Picayune published several articles regarding Heebe's $250,000, interes-fee loa to WWL talk radio host Garland Robinete, allegedly in exchange for Robinctes eiicizing the reopening of the Old Gentilly Landfill, which competed with River Birch. The articles sted that federal authorities had found out about the loan during ther investigation of River Bitch, and that federal investigalors had questioned Robinetle. In response to {woof thosearticles about Robinett, Mana posted the following comments: cama, a. 13,201,627 9mLike the Boara at Perm State, whoever rans WIL needs to fre Garlando. His disgrace was sling his opinions Yo the highest bidder. How can any listener trust is statements on air after that? How do his bosses justify him not disclosing this before he gor caught? If hypocrisy is ome of the mast damning traits, Mr Robiaemblin isthe poster bry. He is a two bit journalistartisd! com imam who needs to go ASAP. If Penn Stae did't feel i was necessary to show JoePa loyalty afer 46 years, WIVL doesn’t owe it to Vincent an Robincte™® '5250.000 loan w build a 400 square foot art studio are the floors paved with gold? What a crock I don't ow much about construction costs but that must ‘be some hellure 20-X 20 room BS on its face. Couldn't Garlano have come up witha beter story than that? If he has a lot of money in the bank then this story won't hold water in court. Has anyone been to this palatial studio ? Does ‘anyone iow if Garland is tap city or lush?” oi Mann commented three times on articles telted to the USAO's prosecution of leflenson Parish officals. In response to an article about the ‘Aaron Broussard, Mann commented: They have been accused of stealing hundreds of thousands of our dollars and are ‘charged with elnies gore. It sounds like a couple of you out there think that won't land em inthe pen. Haven't you Been paying atteriion? You take the king down for anihing you got hint on. AL Capone went 0 jail for taxes, remember?" Hotsaves -It woud be nice ifthe DA could do some public corruption cases but Jed have to charge his own father inthis case who was also a ghost employee — could bea ile ugh" ‘ean Nev. 12,2011 815 pm. ‘eveman Fe. $2012, 11:59am. eRe vem, De. 2,2011, 437 pm, ‘neman, Dc. 2.2011, 1207 pm. “Voto” was the mane of ster commen, who esto why the feferon Pash Dist Atorey ind rt ndted more pbc eruption cs. Aah ce reeling this post cocered the USAO's snicmert of Jalon Pah offal, Motes carmen Ha toy.Also related tothe Broussard case was a comment Mann made in response to an antcle about an anticipated pen agreement with former Jefferson Parish official Tin Whitmer, in which the author speculated that Whitmer was cooperating in oder to ublain favorable det, The parish presdent and parish attorney and the mega Rich contractors are far worse than Whimer. Ifthe Feds waned to give him a good deal to get Inside S600p on the hier ups fs trast them fo et right They are all wo! Sanding between justice and total corrupt chaos in JP. pear eee {response to anarticle sbout Je Engethardt declaring a mistrial inthe Dugue federal civil ight eass, Mann commented This Judge dectaned a mistrial because his best buddy the defense attorney asked for it asa result of the butt whippin' his client was taking on the sland.” Dugue ‘was committing perpy righ an let end was om the ropes going down. ieedd Yenture to guess shat never inthe history ofthe republic has a judge declared a Imistral because 1 prosecutor said a name “Robair” to her colleague. I the Judge was concerned tha the jury heard the name and didn't want it fo come out all he had to do was question each furor individually and see if any of them hed! ‘heard the name aad if it meant anything to any of them. Simple procedure used ‘fen in rials. 1 guarantee mast ofthe jurors would have sald they hadn't heard it and if any of tham did hear they did't know what she was referring tor the Defense otorney knew he was about to lose and hit the Eject buaton plain and simple and his friend the Judge gave him a way out. The rest of you commenters ‘are NOPD fender ead ewer, fn 2 wean Jan 2, 2012, 5:2 pin. Gerard Dug was New Orns police officer wo wan ‘nde in the Daier Dede ce. ‘his ease was severed fem tat of his covlenda sole soe we ‘eputey in aor 2012 Teg Engeart gated the defends eyes for minal she te pre satont, daring the r-xaminaton of Dug, he ame “Robs who mas the vc etnies Season (oe ht had strated ines mai ated in New OneBlithe TE — 1 nes of Man's comments concerned cases that were on appeal Th response to an Shovel about the cowvcton of Renee Gill Pat, a fanner sale aad focal cheers ok ‘sponse lo an article atout Pratt's sentencing, Mann wrote two commen eats ack oF remorse is astounding in the face af the overwhelming evidence of Saripiton that 23 ou of 24 jurors found her guilty of. She clans her sob, inistake was in picking the rong boyfriend. “If she’ 90 dnb ther Mec, Reflerson} bamboozled her, she should’t have ran for public offer inthe fot lace. She wanted the power, the prestige, the free lunches an oll of the oi perks with being @ VIP. For shame that she did it on the backs of hace onc, needed thase dofars to make a beter life for themselves. Perheps ore of thong srurder victims would not belaying dead in the sireet today ifthe perpotoos hat ‘received guidance an a hand up from one o the scam programs the hadeal™™ ey af sow have any common sense at all? Renee not punished for going to Cat shed for ‘ng unt the Biter end and not shoming ony ip of Samcience Is the person that plans the robbery, buys the masks ae the eu, ‘any les guilty than the ones who go into the bank and hold everyone np? Baws iimtence was too light but she is 20 years older than Renee tie not nearh ke eh level publ alll that Renee wa. The higher up you are the worse es sentence should be when you are corrupt seenatt anette about former US. Representative Willi Jefferson's peal of his conviction, Mana postid ‘he main thins Dollar has been elected rom high places fora while row. Ifhis conviction is woheld by the appeals court he wil goto jail. Even Evin aboot Sault avoid jail Ofcourse now the media wants to make him a herovneon, Sten though ite Dela, Edwards has never shown one ounce ofremarss fr ha crimes agains the clizens, These wo are the wors ofthe word beeau onen ‘fer getting caught and proven guilty attra they sl cannot find amy decency in ‘ther soul to say they did wromg and regret. Ths morgouble = %eveman, Now 62011, 18pm "enewan, Nov 62011, $36 im amperes" P2011, 1032, “Dol” waa drops nceane get Jena by litical opponent1B. Mann's Explanations Concerning Her Postings addon, on January 22013, Grough Ret aorey, Man sent oer eee ee Louisiana Chief Diseipinary CounsotPlatsmier and ta the Chair of the Lawyer Disciplinary Enforeement Committee of the U.S, District Court for the Easlem Distt of Louisiana responding to Judge Fngelhart's findings and conclusions rexading Mann's conduct as set forth in the court's Novernber 26,2012 onder "As theo tes ae nly dential, OPR wile oly to Manas Jrnay 2 2019 ete Pasi (Lene foun Ma Lessa Chet Dipl Conse Passa) "= IIB cacedemoasit:s hat Ma dd lata. com comments ror o hr Fit sigs oa a Frc i me Spee he fut and fasted polacom onsen la which he commenter llega tet er Bits hd beled ead x ences project it converted rath ergy. The documentary eience des nt eta wher Maan evewed Poses ‘ere Sgerts ashe nee.xy 2, 2013 leter to Platsmier, Mann asserted that she had not violated LRPC het comments were posted anonymously, none were made in ler eapacity a5 In ber Jam 3.8(0 because al ‘Mann did not inform OPR. of her own Postings a that me _—_ =a ‘ ° =. ‘ ==CHAPTERS OPRYS ANALYTICAL FRAMEWORK AND APPLICABLE STANDARDS OF CONDUCT 1. OPR’s Analytical Framework. OPR finds profissionsl misconduct whea an attorney intentionally violates or acts in reckless distegard of a known, unambiguous obligation imposed by last, applicable rule of professional conduct, ot Department regulation or policy. In determining whether an storey ‘has engaged in professional misconduct, OPR uses the preponderance ofthe evidence standard to ‘make factual findings. ‘An attomey intentionally violates an obligation or standard when the ilomey: (1) engages in conduct with the purpose of obtining a result thatthe obligation ot standard unambiguously prohibits; or 2) engages in conduct knowing its natural oe probable consequence, and that consequence is a result thatthe obligation or standard unambiguously prohibits, An attomey acts in reckless disregard of an obligation or standard when: (1) the atomey oF should know, based on his or her experience and the unambiguous nature of the obligation or standard, of an obligation or standard, 2) the attomey knows or should know, hosed on his or her expeience and tho unambiguous applicability ofthe obligation or sana, that the attomey's conduc involves a substantial likelihood that heer she will violate or ease a Violation of the obligatien or standard and (3) the atlomey nonetheless engages inthe on, Which is objectively unreasonable under a the circumstances, ‘Ths, an allomey's disegant of an obligation is reekless when it represents a gross doviation fom the standard of conduct that an ‘objetvely reasonable atwmey would observ in the same situation. IC OPR determines that am attomey did not engage in professional misconduct, OPR. deteamines whether the atomey exercised poor judgment, made a mistake or ated appropiatly under a the circumstanes. An attorney exercises poor judement when, faced with altemative courses of action, he or ste chooses a couse of action thal i im marked contrast othe action tat the Department may reasonably expeet an attomey exercising good judgment to take. Poot judgment differs from professional misconduct in that an atloney may act inappropeatly and ‘thus exhibit poor judgment even though he or she may not have violated or acted in reckless lisregard ofa clear obligation or standard. In addition, an attorney may exhibit poor judament even though an obligaten or standart at issue isnot sufficiently clear and unambiguous to support a professional misconduct finding. A mistake, on the other hand, results from an ‘excusable human error despite an atfomey’s exercise of reasonable care under the eiccumstances, TI. Applicable Standards of Conduct Department of Justice regulations provide that Departuient attomeys shal, in all cases, conform to the rules of eiical conduct of the court before which a particular ease is pending 2KCER.§ 77. Pericone and Mann are members ofthe Louisiana State ar, an to the extentthat they commented cn ative cases, with one exception, the cases were pending in Louisiana.” ‘Therefore, OPR assesses Perricone’s and Mann's conduct by the standards set forth in the Louisiana Rules of Prefesional Conduct (LRPC). COPR considera whether Perricone and Mann violated the LRPC, feral administrative regulations, Department rules, local rules governing dhe conduct of altomeys practicing in the US. Distict Court fe the Eastem District of Louisiana, and USAO polices. OPR found no Department poliey specifically addressing the issue of whether, o to what extent, Department peronnel may comment online while using a pseudonym. Nonetheless, mumerous ‘ministrative regulations, Department policies, local rules, and slate bar ethics rules relate to find govern extajudcial public statements made shout Department matters by Department atoreys. In addition, the LRPC address the extent to which an attorney must keep his or her client informed about the satus of the representation, attorney conflicts of interest, he knowing ‘presentation of false satements toa court and attorney misconduct through dishonest actions A. Rules Governing Extrajudicial Statements Regarding Active Investigations or Pending Cases and False Statements about Judges 1. The Cade of Federal Regulations Title 28 ofthe Code of Pederal Relations (CFR), § 50.2, ef se. restricts extrajudicial statements made by Department personnel relating 0 criminal and civil proceedings. Section 50 215)2) states: ‘At no time shall personnel of the Department of Justice furnish any statement or information forthe purpose of iauencing the outcome ofa defendants tial, nor shall personse. of the Department fumish any stafement or information, which Could reasonably be expected 1o be disseminated by means of public ommonication, iP such a statement or information may reasonably be expected to influence the oxteome of pending or future tri Section 50.2(6(3Xiv) sets forth certain types of information that prosecutors may make publi, including background information concerning tbe defendant, the substance ofthe charge, find dhe identity of the investigating agency. However, “[scosures should include only incontrovertible, facial matters, and should not include subjective observations” Furthermore, were the background information or information relating to the circumstances of the investigation “woald serve no law enforeement function, such information should not be sade public.” Jd "Pein coment on oab.com abi timinal ene agaist Wim Jean that ws bing rose inthe US, Diet Car forthe aster District of Virgina‘Section 50.2(by5) ams of the danger when comments ate made inthe period occusing immediately rio o orduringa wal: Because of the patcular danger of prejudice resulting from statements im the peviod approacting and during ral, they ought strenuously fo be avoided during tha period, Any soch statement - shall be made only on the infrequent foceasion when sireumstances absolutly demand a disclosure of information and ‘Shall inelude ony information which is clearly not prejudicial Sections 50.20X6)@). and (vi) explicitly prohibit certain statements, including “fotbservations about a defendant's character” and “(aay opinion as to the accused's guilt oF the posability of a ples of gly to the offense charged, or the possibility of a plea vo a lesser offense” 2. Department of Justice Policies Department policies goveming contacts with te media and the disslosure of information felating to Departs: investigations are contained in the US. Atiomeys’ Mancal (USAM) § 17.000, et eq. Secon 1-7.401 states in part: |A. The uscofapress release which conforms othe approval requirements of USAM 1-740 the usual method to release public information to the media by ‘partment of lustice components and investigative agencies 1D. ‘There ae also circumstances involving substantial public interest when it ‘may be appropiate to have media contact about matters aftr indietment or other formal charge but before conviction. In such eases, any communications with res of media representatives should be Fmited to the information contained a Eh indictment or thee charging instrument, other publi pleadings or proceedings, tnd any other elated noo-erimina information. E, _ Any public communication by any Department compoaent or investigative agency or teiremployees about pending maters or investigations that may result Jv ease, or about pending cases of final dispositions, must be approved by the ‘ppropriate.. United States Attomey G. _AilDeyartment personel must avoid any public orl or writen statements tr presentations that may violate aay Department guideline or epslation, oF any {egal requirement or probibtions, inluding case law and Toeat court rules, HH. Parvcular care must be taken 1 avoid any statement or presentation that ‘would prejudice the fumes of any subsequent egal proceeding no time shall any. component or personnel of the Section 17.500 provides: formation that he oF she knows reasonably Department of Justice amish any statement or ”should know will have a substantial Hkelthood of materially prejudicing an adjudicative proceeding” With respect 10 active investigations, § 1-7.530 provides that “personnel of the Department of fustce shall not respond to questions about the existence of an ongoing investigation or comment on its nature or progress...” Liko the CFR, § 1-7350 prohibits Department personnel from making “folbsevations bout a defendant's clareeter” (1-7 5S0(A)), commenting about the “refusal or failure of the ceased to make a staement” (17.550(B)}; and offering “[a}oy opinion as to the defendant's {uit or the possibilty a plea of guilty othe offense changed..." (I-7.550(F))"" 3. USAO Polley The USAO prohibits personnel in the offies from speaking to the media without authorization fiom the U.S. Atlomey, who isthe spokesperson for he office. A November 8, 2007 e-mail ftom Lettex reminded al USAO staff as follows I you are contscte or otherwise queried by anyone ouside the Department including any members of the press—do not under any circumstances provide any Information abet any pending or oficial matters, and do not confirm or deny the existence of any imestigations or subpoenas. If you find yourself speaking to a reporter, however inadvertently, socially or casually, remember that any casoal conversation miy lad to an unauthorized disclosure. Leven told OPR that e had given Mann the “unfettered” authority to make statements to the press, bu that Mann was the only person inthe USAO to whom he ad given tat authority." 4. US. Distiet Court Local Criminal Rules ‘The Local Criminal Rules ofthe U.S. Distrit Court forthe Eastern Distt of Louisiana (Local Rules) restrit storeys from making extrajudicial statements relating to pending cases or "Tho USAM lala one a all AUSAS, In addton,oer saab als resources inlae | USABiok Modi Rel pie th unmares he spplcaleetictons 2-mnne vie preetaton includes preseatos fom te Depunteats Office of Pub Affe, EOUSA, and OPR! asd wemormam lesicd by Depaty Atoms General Imes Cale seg fh idance fr Deparment caplyees resding ‘ezeie communion ncrinipal exes, The memoranda sates, “Prosecuon ea meses soul ot post ‘Sheree or sestine spay iformaton on soa gency woke or sci networking. Ifomation posed ‘Se ablelysccssble woes o nea networking ser may be wred 0 impeah the suber" Mereznn, “Gaidance onthe Use, Prosaion, snd Diels of Fleetone Communjstons in Fedral Criminal Cae” at SC (ar 30,2010. mpi iin "Leen Te. 6 (he 8, 2012).active investigations. restrictions. Local Rule 53. ste: Itis the duy ofthe lawyer not to release or authorize the release of information or ‘pinion for disteminaton by axy means of publ communication, in connection Buh pending ot mminent criminal iigation with which he or she is associated if {hore is a rexseaabe likelihood that such dissemination will interfere with a fair tal or otherwise prejudice the due administration of justice. Local Rule 53.2 stats: [When thece is «grand jury or other pending investigation of any ermal mater, lower, parccipating in the iavestigntion shall refrain ffom making any ‘xtajudicalsutement, for disemination by any means of public communication, {hat pues beyoad the pubie record or tht is not necessary to inform the public hat the invesigation is under way, to describe the general scope of the investigation, p ablan assistance inthe appchension ofa suspect, oro warn the public of any dangers, or otherwise to aid in the investigation, Local Rule $33 states From the time of arest, issuance of an arest warrant oF the filing of « complaint, Information, ot indctenent in any criminal matter uotl the commencement of tial eapostion without til, lawyer assocated with dhe yreseeation or defense Shall not release or sudhrize the release of any extrajudicial statement for dissemination by means of public communication rclating to that matter and Concerning, (A) the character of reputation of the accused... (D) The {denity, testirony, or credibility of prospective witneses ....(F) Any opinion ‘eto the accused's gill or innocence of a5 to the ments of the case or the evidence in the case Local Rule $35 states Dring the tat of any eriminsl matter, including the period of selection of the joy, to lawyer associated with the prosecution or defenso shall give or authorize Jy extrajudial statement or interview, relating to the tial or the parties or ssues fn the ta, for dissemination by any means of public communication, except tht ihe lawyer may quote from or refer without comment to public records of the ‘court in the ease “The Local Rules are similar to the Department's and the CF.R.'s5. The Louisiana Rules of Professional Conduct a. Public Statements LRPC 3.6, “Til Publicity,” reas in part: (@) A lawyer who is participating or has participated ia the investigation or fitigation of a matter shall not make an extrajudicial statement thatthe Lawyer nurs or reasonably should know wil be disseminated by means of public {Communication and will have a substantial ikelihood of materially prejudicing a ‘SGhatieative proceeding in the mater... (2) No lawyer associate ina firm ot government agency with a lawyer subject to paragraph (2) shall make a statement prohibited by saragraph (3). LRPC 38, “Special Responsibilities ofa Proseeutor” reads in part: “The prosecutr in a criminal case shall: - . (D except for statements that are nevesary to inform the public of the nature and extent ofthe prosecutor's action nd thi sere. legitimate law enforcement purpose, refrain from making Mtajudicial vomments that have a substantial likelihood of heightening public condemnation of the sceused b, Falke Statements about Judges and Judicial Candidates 4a addition to the prohibitions on extrajudicial statements, OPR assesses below whether Perrconta end’ Man's wondvet violsied LRPC 6.2, “Judicial and Legal Offical.” which Foti lawyers fom making "a Sstement tat the Iawyer knows fo be feo with eeKess regard ast ts uh or falsity concerning the quaifeatons or intepsty ofa jade. oF of @ ‘anddate for election or sppoiniment to judicial or Legal office.” 1B. Additional Louisiana Rul of Professional Conduct Implicated by Mann's Conduct ‘OPR farther esseses whether Maan violated the following LRPC provisions. 1. Communication hetween Lawyer and Client LLRPC 1.4(8,"Communication,” reads in prt, (a) A laveer shall: (1) promptly inforrn the client of any deesion or eireumstance with respect to Which the clients informed consent, as UTeimed in Rule 10%), is required by these Rules ... and] (3) keep the client reasonably Snfarmed about the sats of tae mates” [LRP 1.4(b) reads in part: “The lawyer shall give the client sufficient information to paticipateinelligenly in decisions conceming the objectives of the representation. andthe aermetby which they ae to be pursued” Although the wording of LRPC 14() differs from Rate LAlb) of the American Bar Association's Model Rules of Professional Conduct (Model 0le), the Louis tended no major substantive diference from the [Model Rule” ‘tee Bar Ethies Commitee“ CCommeat 7 to Model Rule 14 states in part dat, “A lawyer may not withhold information to serve the layers own inferest or convenience. 2. Conflicts between Lawyer and Client” RPC 1.7, "Coafit of Inerest,” read in pat (9 Exoopt as provided in paragraph (b, a Iwyer shall not represent cent if the ‘Ciresenation involves aconcrtent conflict oftrest. A concurrent confi of Penne. (2) there isa significant risk thatthe represenation of on¢ oF ane ects wil be materially Timited by -. a personal intrest ofthe lawyer. (b) Notwithstaning the existence of a coneuet confit of interest under (ovagrap (a. lawyer may present aciet if .(4) cach aleted lie ves Faformed consent, confirmed in writing”™ PC 1.7 is esentally identical to Model Rule 1.7. Comment 10 to Model Rule 1.7 ar reads “The lawyer's owm interests should not be permitted to have an averse effect on TRpresentation af a cles. For example, the probity ofa lawyer's own conduct Fr mction ie in serious question, € may be difiult or imposible forthe Taper to givea cient detached ulvice TR 14 ad 1 eeu am army opovide ber “et” wih icin flr 10 mkt ntencdecions ot anat sndo sih ber lens” afomed count wring © wate he aoe» Ine econ A8 preshve sn at goverment tes clea i it cs he AT cenit of eS Se sores ave come at he Unied Stay cen of Dns eels a cence abs between Ciding th Depart othe Unie Sos 2 a ee The Dept ante Unie Sees xn.coly make és saerpey ado so, Tuy or paposes of esesiag Mann's compan wi epic 0 0 2 Tel to ne dacs Bow te USA woul ignd i ain est eer: wh we te eaton ot Pen: bd pot comes oi bet Depaes mat “Te conequnr of Peicn's postings rye th decison be mie by be Depress edersip see apes ot Mavs comphanc Wik REC 14 wl 7, US. Anum Late, ber, cc rane commie, eres he eta a exclave uty wae on’ sont of ners RPC Oe eine infored conten: “nfemed consent denotes the ssemet by a.peton a pegs coo cn te lane commas infront expen st he ar nd cacy ale tenes tthe proposed couse of enact st‘One commentator has stated that although atomey conflicts of interest are “wsually psiniay ther ave mes when interests that are not pecuniary ~ such as [0] forestall ¢ Pevemmmentiavestigaion ino [the aforney’s} own wrongful conduct ~ may be found to justify ‘Sisqualifying counset Federal courts have routinely held tha attomeys who have engaged in the sae wrongful conduct that i at save in the representalion of tir client have a personal confit of interest see United Sits v. Fulton, 3 F 34605, 610 24 Cit 1983) Citis wel seed in tis cient fea seca conflict of interest exists whea an allomney engages in wrongful conduct related to the charge for which ecient ison tak); Monnhalw, Reed, 847 F.2d 576, S81 (Oth Ci. 1988) CW }ien an atomey is accused of crimes similar or related to those of his client, an actual cere dats becase the potential for diminished effectiveness in representation is ro rea”) Gihen en attomcy has cagaged inthe same wrongfl conduct that i tissue in the representation areas ent a conflict arises because the sttomey cannot provide full and effective presentation, ‘See United Sates Jones, 900 F.2d S12, SUD (24 Cit 1990) (in such & Siriston the fear of arompting « goverment investigation into the ettomey's own wrongdoing ANE Peclude an atmeyffom asserting a vigorous defense in behalf of his client”), Cardoso RE So10 WL 1597717 (SDNY. 2010) ([TThe stomey’s representation is going tbe Banened by the ationey’s own intrest in sel preservation andthe attorney wil ikely be unable to provide the defendant with unbiased advice...) 3. Rules Relating to Candor and Honesty TLRPC 3.3(0), “Candor Toward the Tribunal,” reads in part: “A lawyer shall not nowingly (1) mate a false statement of factor law to tibunal or fal to comest a false ‘Matement of materia fact or law previously made to the bunal by the lawyer “the Model Rules slale that “fajthough a lawyer in an adversary proceeding is not required to preset impartial exposition ofthe law... he lawyer must 20 allow the tba caearded by fale statsnats of law or fact... Legal argument based ona knowingly false ‘epeeseniation of law consfites dishonesty towards the tional” Annotated Model Rules of ‘Professional Conduc’ at 322 (th ed. 2011). 4. Dishonest or Misleading Conduct LLRPC 84, “Misconduct,” reads in part: “Itis profesional misconduct fra lawyer fo (© [engage in’ conduct involving dishonesty, fraud, deceit or misrepresetation, [oF] {G)ejnenee in condsct that is prejudicial othe administration of justice.” “ste conceps of dishonesty, fraud, deceit, and mistepesentation, though closely related are not the sane The Model Rules do not define dishonesty, deceit, or misepresetation” ‘Keamuted Mode! Rules of Profesional Conduct at 613 (Th ed. 2011). However, courts have cnaihat Model Rule &.4(c) should be broodly construed, and that “ishonesty encompasses ‘Wien Flam, Conte of eet et npn eel cntess60138h. 2‘eonduct evineing 2 lack of honesty. probity, or integrity in principle; @ lack of seathtonwarines.”_In re Marin, 67 A. 1032, 1050 (D.C. 2013) (analyzing Dist of Fee ae gale of Professional Conduct 84(e), which mirrors Movdel Rule $4(6) (quoting n re ‘Chuan 926 8.22 1106, 1113 (D.C. 2007) (brackets and internal quotation sas omitted) In erin 1 {Mal} Rie 33, which dretly deals wih candor towards wibunals, [Model] Rule we maleate when nye misteads or fest uibuna:” Annotated Model Rules of Professional Conduct, a 615 (th ed 2011). Morover, based on patiular stats’ adoptions of the Rule, cours have held that inateia! omsioas in an attorney's commbnications with clients or third patics may violate saset pale (e), Sen eg, in re Baker, 294 Pd 326, 331 (Kan, 2013) atlomey engaged in xSenest" in vila of Rule £4(6) when he "mad material misrepresentaions of fact an cereal omissous of act’); In re Waters, 817 NAW.24 662 (Minn. 2012) (alse statements and aa missions to cleat violated Rule 8.4(), Attorney Grievance Comm'n ». Floyd, 929 raat. 66 (hd. 2007) {sanctioning atomey for Rule 8.4(c) vilation; “Irlespondent did not any misste any fact. However, the law recognizes that deceit can be based on eae ccot of mater acs as Well as on overt misrepesenatons”(conphasis in original): In sega 919 Aza 1137, 1142-43 (D.C. 2007) (misstatements and material omissions volte Fan age), Rule 84() violated by “conduct evincing a lack of honesty, probity or integrity it Principles a lack of fimess and staightforwardnest [IWyhat may not be legally Fae aes an ac of fraud, decet or mistepresetation may sill evince dishonesty In re sa a7 A Dd 30K, 315 (DC. 1999) (volaion of Rule &. (6) for omission of material fact in aac ation with ellen; ~feoncealmen or suppression ofa material ati as fraudulent as & positive dee mistepresentatin™), Misrepresentaions to the cout also violate Mode) Rule £.4(@)._ “(AJ mete snimepccnation to We court. coptues cont that is predic to the administration of Fake Hemey w. Seewide Grievance Comm. 957 A28 547, $55 (Com, App, C. 2008) Tisatyeing Conaeticn Rule of Profesional Conduct 8.4(4, which mirrors Model Rule 84(@)- Duty 1» Report Misconduct ‘a Chapter 8, OPR assesses wheter USAO personne! who had suspicions that Pesrcone right be posting anonymous coments breached duty when they filed € report their Sispiciens Any suchduty derives from to sourees TUSAM § 14.100 requires attoreys 10 report misconduct to their supervisors, OPR, or the Office of the Inspsstor General (He OIG): Department employees shal report to their United States Attorney or Assistant [Rtbrney Gener or other appropriate supervise, any evidenee or nonfrivolous ‘Glopten ot miscondect tha may bein violation of any law, cue regulation aaseen st applicable professional stndard. . . The supervisor shall evaluate cinchee the nscondu a issue is serious, an 0 shall report the evidence oF cntfivolous allegation fo the Office of the Inspector General (OIG) of to the 3°Office of Professional Responsibility (OPR), and to [the Executive Office for United States Attorneys) ERPC 8.3(a equitesattomeys to report violations of certain professional conduet res ‘A lawyer who knows that another lawyer has commited a violation of the Roles of Professional Conduct that raises a question as to the Tnwyer’s honesty, Castethiness or Gtness as a lawyer in other respects, shall inform the [Louisiana] Offee of Disciplinary CounselCHAPTERS PERRICONE AND MANN INTENTIONALLY VIOLATED ADMINISTRATIVE REGULATIONS, DEPARIMENT POLICIES, LOCAL RULES, AND ‘STATEBAR ETHICS RULES BY POSTING COMMENTS ABOUT {USAO MATTERS AND FEDERAL AND STATE JUDGES fo this chaper of the report, OPR. sets forth 1s ndings sea conclusions regarding Perrcone’s and Man's conduct in posting comments on nola.com. OPR fist concludes that Parrcone was responsible forall of the nola.com comments posted under the pseudonyms PR further concludes that Perricone Mencken, legacyuss,dmats personae, and campstblue. ave vara intentionally violsled administrative regulations, Department policies, and Local ale conceming extrgudica statements relating to matters handled by the USAO. OPR thea wc tilee tt Pericove and Mann violated state bar ehies roles conceming impermissible revealed, most of the eases upon which they had commented were resolved, and therefore their identities as prosecutors could not have affected the proceedings that were concluded. (OR found no disciptnary cases in Louisiana or elsewhere addressing the issue of the impact on pending cases, or the publi’s perception of defendants, from anonymous speech — ot fonceanonymous speech — by prosecutors, Disciplinary cases conceming violations of ethics ules sumnfar or identical to LRPC 3,6(4) or 3.8(9) invariably arose from more formal setings, ‘ch as press conferences o media interviews, In those eases, he identity of the commenter was eadily apparent, the particular comments were highlighted, not buried amongst tens or hundreds of other comments; and the policy concems underlying the applicable cthics rules came immediately into play. |As the foregoing analysis makes clear, the application of LRPC 3.6) and 3.80) to Perrcone's and Mann's extrajdicil speech is fictually complex and legally novel. In addition, land perhaps most important, the question of whether a prosecutors extrajudicial speech has ot ‘hay affet a pending cr future tral, or has or may increase public condemnation ofthe aceused, te factibased determinations thal depend on a factual analysis of how people in @ given oogrphie area (here, the Eastem District of Louisiana) may be afected by the extrajudicial spocch tissue ‘Without questi, the postings by Perricone and Maan were inappropriate at best and offensive, and. even ouirageous, af worst. The postings plamly constituted profesional Iniscondact, a6 discused throughout this report. Extrajuicial speech of the type in which Penone and Mann engaged is never appropriate or acceptable for Deparinent prosecutors ‘Whether Persicone’s and Mann's conduct aso specifically violated LRPC 3.6(a) and 3.80 is @ Gueation beat adresed by the Louisiana Office of the Disciplinary Counsel, whichis curently investigating Perricone’s and Mann's conduct, 1. Perricone and Mann Intentionally Violated LRPC 8.2 by Commenting about the Sudiciary In his commeats posted on nola.com, Perricone repeatedly criticized state and federal {judges and candidates nominated for federal judgeshis or campaigning for clcted state judicial Sffce, Mann authored one comment ciicizing Judge Engelhardt. OPR concludes that these ‘comments violated LRPC 8.2 and constitute intentions professional misconduct.A. Comments Made by Perricone 1. Comments That Judges Were Appointed Based on Political Influence Rather than Merit Perricone repeatedly commented that judges in the Fastem District of Louisiana, and ‘other judges, were appointed to the bench because of their relationships with pobtcians rather ‘than shee qualiiators: Vance should ask Jones to appoint a special judge to hear all corruption cases cavising in this area, -Afer all every judge on the New Orleans bench as some political connection to someone, How do you think they got their jbs????™* Landrieu. has chose three lacy lawyers with litle or NO federal jury tri experience to be a Federal fudge. With the paucity of experience evidem, one must ast why? We all know that Federal judges are NOT selected for ther rudition, but for thelr relarinship with politicians... 2° {No one should be surprised at this Behavior. Afleral, it human nature 0 lord ‘ver someone shen you are cognizant of your own shotcomings and conceal them sth concelt. Federal judges are NOT selected for their erudition, bu for thelr Jelationships vith politicians. Hence, we get a product short on wisdom, long on Solipsism, shale in humanism, deep in activism and all bangled in a Tife time ‘appoiniment. The forge they're wearing a robe, not a crown, ant the las thing ‘on their minds is service tothe public” You lose a ease and get a promotion??? This clearly demonstrates that it's wot qualifications that get you a judgship ~it’s politics and only polities. SADIP' ‘She graduated in 1992 an fels she's qualfed tobe a judge??? rom Mayberry tothe big leagues on one single hound. Man, she's got 10 know somebody Who says polities isabsent from the Federal Bench??? Sad™* ‘veke, Do 3,201, 119 am, “Vance” i Chie lige Sarah Vane af the US. Dist cour for he Eastern Dist of Loans "Joe Jag Bh Joes, farmer Chit ge af the US, Cou of ‘arma oF Cau Mencken, Now. 5,201, 3:64pm. > anche, Oct 9, 2011, 824 am 2 egy, Mar 27,2001, 8540 2 egy Ma 16,2011 819m.“Judge Helen Berrigan Perricone repeatedly criticized Judge Bertigan, who was oversceing the Fuso case, He jenplied that Judge Benigan’s favorable rulings were the result of being pid off by Ieee or her ove" for eins DA Parish should hire Fred Heebe as their attorney. Then, they would win. Is there unorher Porteous in the offing? 2227 After be graduates, and Tulane will graduate him, he should seek employment ‘with Ginger Berrigan. She loves killers” Berrigan would do ANYTHING to overturn a death penalty. She lves criminals ‘She codiles thom ind reveres them... My sincere condolences to the| ‘have your loved one killed then justice killed by @ ideologue judge ‘Shameful. This why Presidesal election are so important. You get judges who Tove criminals end ee sorry for them instead of victims We will probebly get a Boleshevek in the White House who will appoint Bole sheik federal juiges lke Ginger Berrigan. (She loves Wilber Redowy) Berrigan finds ways to let hoodlams and rapists ou of jail and now she does it wilh the help cf her clase end. We can any hape the cout of apedts ses ‘through ths meadaciy!!?™ So yaecken 00 19,2011, 7.6 pam “Parca” arefrenc tothe oars ae of US. Distt oo Soi Thoeas Perse om the Easter Dit of Louisa, who alge veccvd ileal pts and [Goss a afer mseoint_Antough not charged snl, dpe Purcs was cwvicied ia 2010 by the {Ee Stes Smt on fo artes ftmpeschient and removed om off. 2 ancken Sep 18,2011, 9:36 a “Gigs” Brin the mame by which dg Design is omemaly krone The sche generiig ts comment eared a std! Tulane Unversity Law Shoo, who evil ad bee conve of mrde 2 egyoyus May 21,2010, $07 am. Judge Bogan reversed, ap the sounds of poset nomi he death sets Jha Josan, wo ad bee convicted oiling bank rd a fy Deputy Sheri Soy zane 2 campstive, Fob 24,200, 638 pam. Wie Rien as else om sal pon in 2008 afer oevng 4 yar fr tu Tico wa Overy on appeal ee ines, abd hs st ei ute 9 ‘SOE Asher evan Following song coset and de entece 11, Ra's eve geod ‘Seti convovery sd was arly vv. alge Dean represented Rien rior ber applic te fete bench 2% campo, Sep 62009, 10:14 am. The aie on which Peicne was commenting coesed Jigs Bags’ ing in sats bens corp acto th th fends ator had been netietive by ling SER detalles of Te tle deere he tare aan ol eof Dodge Beriom3, State Judges Perricone etitized aumerous state judges, particularly the judges on the Louisiane ‘Supreme Court, commenting “This isa disgrace for the Loooooooaosiana Supreme Court, How do they expect ihe public of have ANY confidence in ANY judgment they render if they let a ‘consteted felon become a lawyer???” Incredible! Disgusting! Unbelievable and typleal ofthis haven for criminals.* AGREEN) And the voters, at least the ones who made the effort to vote, just lected a wellsodden member of the bar f9 be a fudge at Tulane and Broad. It will no get any better Jamentably.?* Following ax article conceming pay raises for state judges, Pericone commented st length: “Here are my reasons [for objecting tothe pay raise] 1. We can’t afford lvish raises on people who DO NOT WORK a ful dy “Ask any ottorney and ll wi tell you that nearly ALL judges are home by noon Ff thay goto work at all 2. Most ae incompetent lawyers to begin with. The only way to get elected {sto ave the righ friends inthe right places. 5. Thay ve generally stupid Very stupd--besies Being lazy, Une just has qo put! any law Book which reports decided cases and one will reatize that nearly tll he cases ave reverrsed because of STUPID decisions of the judges.” Referring to « hearing regarding allegations of judicial misconduct involving a female state judge, Pericone posted comments as both legacy and campstblue: The Louisiana Supreme Court will-do nothing ¢o her. Remember, the Cheif stice Is woman ™ Mencken Jn 202012, 9:8 pm, nok, Ot 23,2011 948 a. 2 Menon, De, 19,2011, 857 2 2 degpoen,Sopt 1.2008, 8:11 am,‘The Louisiana Supreme Covet wil do nothigg. The Chief Futice is @ woman and there ie significant empathy residing there 4. US. Supreme Court Justices and Nominees During the hecrings on the nomination of Elena Kagun to the US. Supreme Couct, Perricone criticized Kagan and Justice Sonia Sotomayor: Look at what has been pit on the US Supreme Court and what has been nominated? Pethaps even more significant is the fict that inthe months following Mann’s purported admission, Letten authorized or allowed! Mann (o represent the Depariment and the SAO in ‘myriad matters that arose asa result of the revelation of Perricone’s postings. In contrast, Leten Promptly recused Perricone from any case about which he had posted comments. Leten wld ‘OPR that had be known that Mann had alo posted comments online about Department mater, be would never have authorized or allowed Mann to represent the Department or the USAO any ofthe Peericone-rlued matters on which she worked. OPR finds Leten credible. OPR also finds Leten’s representations regarding how he would have responded to an admission by Mana to be supported by and consistent with the evidence, especialy the facts concerning how Letien responded to Perricone’ admission. OPR concludes that Letten initially treaed Mann and Perricone differently because Petricone acknowledged his postings to Leen in March 2012, and Mann di not, ‘When Periconc adiited 10 Leen that he bid been posting Oa comments, Leen didnot ignore the legal ramifications of Perrcone's online posting activi ralber, Latien ook immediate action to address the fsucs relating to Perricone’ conduct. ‘As detailed in Chapter 6 Below, OPR found that although Mant had ‘humerous opportunites inform those with whom she was working on the repercussions of Perrcone's online activites that she ad engaged in similar conduct, she intetionally failed to do so. Mann's dry of candor to Letten was the same as her duty of candor to others that, a discussed extensively in Chapter 6, Man purposefully wes not candid and forthright to (OPR and others about her online activity. Mann's lack of candor s relevant fo any assessment of Thomas Andason OPR Interview Transp st (De. 20 2012) (Anderson Tr. (Ds. 20,2012) (Ceten’spatce was tobaep EUSA rma and sek sce)her exeibility with respect Mareh 13, 2012. her claim that she informed Letten about her online comments on Final Aer her posting discovered, Mana must have known that she would be serutiized for cthcel wciaieee including her failure to inform her client aboot her actions and continuing to work Ga meter, conceming which she bad a personal conflict of i For all of these reasons, OPR does not find erdible Mann’s claim that she told Leten on March 13,2012, about he postings. D. Even If Mann Told Letten about Her Postings on March 13, 201 Disclosure Did Not Satisfy Her Obligation wader LRPC Her RPC 14(2) requred Mano wo keep Letien “easonably informed about her postings and LRPC 1.4(b) required Mann to provide Leten with “sufficient information” to participa intelligently in decisions regarding her representation of the Department. Comment } wo Model Rule 14 states tha an attmey may not withhold information to suit the aiomey's self ere Even i OPR assumes argnendo the accuracy of Mann's version ofthe evens of March [haegs nd thereafter, Mann nevertheless did aot keep Letten “reasonably informed” or provide hisn ‘ith “sufiient infomation” necessary fo him o make appropiate desionsrepaing ows eal with th repercussions rom Pericone's posting LOPR concludes that Mann's alleged admission regarding her postings would notin any guent have consttued suficient information to keep her client “reasonably informed: the week of March 13, 2012, Heebe initiated a lawsuit involving] Perricone had een deal fom his postion as Senior Litigation Counsel tnd tetused hon: cases; the Department was actively analyzing reeusl issues concerning the entire USAO> sed Late had convened molipc staff meetings, issued a pest release, and eld a press confercoce all in response to Perricone’ postings Mann know of should have known, however, that it was the substunce of Perteone seer, ‘hat created the legal ssues mquiring the USAO's and the Department's atentch ReetMana also should have known thatthe issues raised by Pericone’s postings were broader than the question of discloure of confidential information. In any case the question of whether Mann disclosed confidential infomation was not a question to be resolved by Mann heel. Mann failed to promptly and timely investigate ber postings and correct her statements te Letin, Accordingly, OPR fins that {he statements wonld const mistepresetaton of fact 0 the person Who spoke Mann's client, the United States, in violation of (RPC Las), Mann violated Rule 1.4 for other reasons 5 well If necessary, Mann shosld have printed out her postogS and given Gem to Leterme Lerten copies of her postings, rea! her postings to Lette, or desribed foc Letten what she had Jone in consultation wity other USAO managers so that Leten fully understood the nature of The evidence demonstrates that Mann fled 1o lake any ofthese steps. She filed to keep informed, Tn doing 50, Mann placed er own interests hove the interests of her een ‘Man faled to provide Lesten with suicent information to Necp him reasonably informed about events crucial o his being able to determine whether Mann sould continue to represent the Department on various matters related to Pericone, Mann therfore committed intentional prolessional misconduct in violation of ERPC 1.4(3) and (). and AUSA £2 were consid tonnes concen Pare, Inde, od Wee eee eet ts Reccone ioe et a be wae Mencken thd that having nation about Me's ow poingswosld have Bre wea inst" with respect reaching the queonconeoing nits Hece's sue cou eatagpnn ee es Se ser Osho sie need is POPR rcv rama a 25-38 on. 1 3012 Fer exp,1H. Mann Violated LRPC 1.7 When She Failed to Obtain Her Client's Informed Consent in Wrking ‘As noted, LRPC 17 prohibits an atlomey from representing a client ifthe representation sreates a concurrent conflict of interest, which exists if "there is significant risk” hl the representation willbe “ately limited by ...a personal interest of the lawyer.” A client may. consent 10 the altomey’s representation notwithstinding. such a conlict, if the consent is informed” and “in writing.” Comment 10 to Model Rule 1.7, which is identical to [RPC 1.7, ses that an attomey miy have a personal confit of interest when the probity ofthe atorney"s ‘vo condoct isin queston inthe transaction at ise, because the attorney may not be ble 10 provide objective advice. OPR concludes that Mann violsed LRPC 17, A. Mann Had a Personal Confict of Interest in Any Contest ia Which Pervicont’s Postings Were at Issue Perricone posted atonymous comments on nola.com about Deparinent matters. When his identity was unmasked, Peticone became the subject of intemal Department reviews and intense public scrutiny, including by defense counsel in cases about which Perricone bad commented. The purpese of those intemal and external reviews was to determine whether Perricone had violated aay Iw, rue, regulation, or policy by posting comments online, and to determine if any case o defendants rights had heen adversely affected ‘Mana had engage in similar conduct to Perricone's albeit on « much stall scale: she fad posted anonymous comments on nela.com about Department matters. Mann knew, oF sould have known, that if and sien bet anonymity became known, her conduct would be sujet tothe seme interral and external reviews as Pericone's. Mann, therefore, had a classic and clear personal confit of interest in any matter in which Perricone’ conduct was to be assessed and judged. The conflict of intrest presented significant risk that Mann could not independently an fsily assess any claim that Persicone’s conduct violated any law, rue, ‘regulation, o policy, bectuse it was inher seintrest to concise that Perticone'scondct Was appropriat. Every time Mann had to discuss, describe, defend, or investigate Pemicone’s conduct, er self-interest might cause her to dowsplay or dismiss entirely the seriousness of that conduct: Whether Mann acted pursuant to her own self-interest infact exercised independent judgment is beside the point with regard to this analysis.A waver of the eonllict of interest can only be made by the client after being fully apprised of ll fact ereatng the eonfice. [Because of the significant rsk that Mann could not provide her client with objective, ‘unbiased advice, Mann tad a clear personal conflict of interest in any matter related to Pervicone’s postings. Puruant to LRPC 1.7, Mann was therefore prohibited from eootining to represent the Depariment in matters related to Perricone unless ste oblined the Departmens informed consent in writing to her continued representation. Mana didnot inform her client of her conflict of interest and did not obtain the client's informed consent to continue to preset i Instead, Mann worked on aumerous matters involving assessments of Perrcone's condi, as ot Forth in the following discussion ”B, Mann Worked on Numerous Matters ia Which She Had a Personal Conflict of laterest Mann was heasly involved with almost every matter relating to Pericone’s nola.com postings, including rectal decisions intemal administrative and criminal investigations; and ‘responding to motion in pending litigation 1. Recusal Decisions ‘As oon as it became known that Pesricone was posting comments online, the Department addressed the issue of whether the USAO should be recused from further werk on mater about which Pexicove had commented. Thomas Anderson, EOUSA's Deputy Gercal Counsel coordinated the recusal decisions, Anderson told OPR that EOUSA was involved at deciding, whether the ‘ISAO should be recused fom cases about which Penicons, had commented, and that Mann was Anderson's primary point of contact in the USAO.!" ‘Anderson said tht during his discussions with Mann about recisal issues, Main never told Anderson thot ‘she also ad posted comments on nola.com. Anderson recalled that Mann never affirmatively represented to him that she bad not Posted comments onlin, but sated tht Mann should bave informed him that she had posted comments. Anderson pointed to the Broussard case as a clear example of how Mann's fire to inform the Department shout her online comments almost certainly affected the Deparment

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