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United States Attorney Assistant U.S. Attorney General
Ms. Sally Quillian Yates Mr. Lanny Breuer
U.S. Attorney’s Office for the U.S. Department of Justice
Northern District of Georgia Criminal Division
Suite 600, Richard Russell Bldg. 950 Pennsylvania, Ave.
Atlanta, Georgia 30303 Washington, D.C. 20530
sally.yates@usdoj.gov Criminal.Division@usdoj.gov
FedEx Tracking: 798377729598 FedEx Tracking: 798377756823
Office of Professional Responsibility
Office of the Inspector General
Ms. Mary Patrice Brown
U.S. Department of Justice
U.S. Department of Justice
950 Pennsylvania Avenue, NW
950 Pennsylvania Avenue, NW
Room 4706
Room 3266
Washington, DC 20530
Washington, DC 20530
oig.hotline@usdoj.gov
opr.info@usdoj.gov
FedEx Tracking: 798377821225
FedEx Tracking: 793256637075
RE: U.S. v STOUFFLET CRIMINAL CASE 1:08‐CR‐00082
SUPERVISORY AUTHORITY OF ASSISTANT UNITED STATES ATTORNEYS
RANDY CHARTASH & LAWRENCE SOMMERFELD
Dear Ms. Yates,
On April 8, 2008, the new Attorney General, the Honorable Eric Holder
delivered the following message to all state department U.S. Attorneys:
"Your job as U.S. Attorneys is not to convict people, your job is not to win
cases. Your job is to do justice. Your job is in every case, every decision that
you make, to do the right thing. Anybody who asks you to do something
other than that is to be ignored. Any policy that is at tension with that is to
be questioned and brought to my attention."
Page 1 of 5
Evidentially, assistant United States attorneys (AUSA) Lawrence Sommerfeld and
Randy Chartash have elected to ignore this instruction. For that reason, it is
necessary I contact you to initiate a formal investigation into the allegation of this
in which you have supervisory authority. 1 Please allow this letter to serve as
official notification of your subordinates conduct.
On November 13, 2009, the Office of the Inspector General (OIG) released
the 2009 list of top management and performance challenges facing the
department of justice and listed as its second priority, “Restoring Confidence In
The Department of Justice.” 2 For that reason, I am contacting the Office of
Inspector General to notify them of my allegations. In addition, I am filing
complaints with the Office of Professional Responsibility so they may take the
appropriate action. AUSA Sommerfeld and Chartash’s conduct contradicts the
policies of Attorney General Holder.
1
American Bar Association Model Rules of Professional Conduct ‐ Law Firms And Associations
Rule 5.1 Responsibilities Of Partners, Managers, And Supervisory Lawyers
(a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable
managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures
giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that
the other lawyer conforms to the Rules of Professional Conduct.
(c) A lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if:
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer
practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its
consequences can be avoided or mitigated but fails to take reasonable remedial action.
2
“While the Department has taken important steps on the issues of politicized hiring and firing that we identified
in our reports, the Department is also faced with significant issues arising from several recent prosecutions,
including the prosecution of former Alaska Senator Ted Stevens. In April, after a jury trial, the Department moved
to dismiss the indictment charging Stevens with violating government ethics laws. According to the Department, it
dismissed the indictment after trial because it concluded that certain information should have been provided to
the defense for use at trial. The Department’s handling of this case created concern about the prosecutors’
adherence to professional standards of conduct. Federal judges in other districts also have questioned whether the
Department is adequately adhering to professional standards of conduct and addressing concerns of prosecutorial
misconduct. For example, judges in the District of Massachusetts, the Northern District of Alabama, and elsewhere
have questioned the professional conduct of Department prosecutors. The judges expressed concerns primarily
about prosecutors failing to disclose exculpatory or impeachment information to the defense and the manner in
which prosecutors handled certain informants and witnesses.”
“In short, we believe that restoring confidence in the professionalism of the Department is a continuing challenge.
The Department needs to ensure that the diligence, hard work, and sound ethics of the overwhelming majority of
Department employees are not undermined by the few but highly visible incidents of potential misconduct. While
the Department’s leadership, both at the end of the past Administration and during this Administration, has taken
important steps to confront this challenge, it must remain focused on this critical issue.”
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The issues in the enclosed exhibits raise serious concerns regarding the
actions taken by attorneys for the United States Department of Justice. The issues
expose many facts and key evidence prosecutors have withheld from the Court.
The allegations raised against me and used to secure the indictment and
impose imprisonment are based on inaccurate, untruthful, and misleading
information. It is absolutely incumbent that the information provided by United
States attorneys to the American people and to the court be accurate, complete
and not misleading.
Likewise, the attorneys for the department are accredited with the
assumption they are being truthful, complete, accurate, and not misleading in the
administration of justice. The very notion that attorneys for the United States are
engaging in devious schemes that obstruct and prevent justice while allegedly
pursuing justice is unimaginable. However, the issues of Prosecutorial Misconduct
are widespread and within the last year alone, there has been a significant
increase in prosecutorial misconduct. Federal prosecutors across the country have
become fixated on “winning” cases rather than seek truth and justice.
On August 8, 2006, the U.S. Attorney’s Office for the Northern District of
Georgia charged me for violating “Federal Drug Dealing” statues. Laws enacted by
Congress to prosecute Drug Kingpins, Drug Cartels, and narcotic traffickers that
carry harsh penalties. Unlike federal drug dealing, many lawyers, licensed doctors,
and pharmacist were involved in every transaction, creating problems for the
government to prove their case. In particular, the lawyers who crafted the legal
infrastructure and provided unique “legal contracts” that facilitated the “alleged
illegal transactions.” have been omitted by prosecutors. The prosecutors have
selectively “picked and chose” certain parts of the story rather than allow the
facts to determine the essential elements of the case. They have resorted to
misrepresenting the facts, concealing material evidence that has deceived the
Court. (see EXHIBITS: FALSE STATEMENTS, MISREPRESENTATIONS,
CONTRADICTIONS, BRADY VIOLATIONS AND SUPPRESSED EVIDENCE CHARTS)
The enclosed documents reveal that the prosecutors have fabricated a “fit
the crime” version of the story by withholding many critical facts in this case.
According to the “Model Rules of Professional Conduct” Rule 3.8 (d)
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“The prosecutor in a criminal case shall: make timely disclosure to the
defense of all evidence or information known to the prosecutor that tends
to negate the guilt of the accused or mitigates the offense, and, in
connection with sentencing, disclose to the defense and to the tribunal all
unprivileged mitigating information known to the prosecutor, except when
the prosecutor is relieved of this responsibility by a protective order of the
tribunal;”
A review of the facts clearly demonstrate that for over three and a half years
there has been a consistent effort by AUSA Sommerfeld and Chartash to conceal
and suppress key evidence that tends to negate my guilt.
As I am currently awaiting sentencing, “essential facts” and “key material
evidence” necessary to prove my innocence remains concealed by the U.S.
Attorney’s Office for the Northern District of Georgia. The United States
Constitution guarantees the accused the right to compulsory process to present
evidence in its defense. For this Constitutional Right to have true meaning, the
government must not do anything to withhold direct evidence of my innocence,
but this is exactly what they have done.
My defense has always been that I had no criminal intent to violate the law.
For me to succeed in proving this, it was necessary I present evidence that I
“specifically intended” to abide by the law. I have an extraordinary amount of
direct evidence that demonstrates I consistently sought and followed the legal
advice at all times, with the “specific intent” to comply with the law. Yet the
prosecutors arrogantly and wrongfully have denied this very critical evidence.3
3
“Second, Defendant should not be permitted to withdraw his plea to present evidence regarding his attorney
advice because advice of counsel is legally irrelevant to the crimes charged. Following Defendant’s guilty plea, two
Eleventh Circuit cases have only made more clear that “willfulness”, or the specific intent to violate the law, is not
an element of the CSA charges against the Defendant.”
“Because the government need not establish whether the Defendant intended to violate the law, whatever advice
of counsel he may have received is simply irrelevant to the Defendant’s culpability.”
“Third, even if an advice of counsel defense were relevant to the charges here, the Defendant factually has no such
defense available.” (Doc 19 03/20/2009)
“Given that good faith defenses such as advice of counsel and mistake of law are not available to defendant
Stoufflet and the other defendants as to the vast majority of the conduct charged in the Indictment, this Court
should preclude evidence and argument of such defenses under Rules 401, 402, and 403 of the Federal Rules of
Evidence.” (Doc 217 02/28/2008)
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