U.S.

Department of Justice
Office of Professional Responsibility
950 Pennsylvania Avenue, N.fV., Suite 3266
Washington, D.C. 20530

The Honorable Francis M. Allegra

09

U.S. Court of Federal Claims

717 Madison Place, N.W.

Washington, D.C. 20439

Re: OPR Inquiry Concerning

V. United States

Dear Judge Allegra:

The Department of Justice Office of Professional Responsibility (OPR) has received

multiple inquiries regarding whether the Federal Circuit's December 18, 2014 Order remanding
the case of Jay A. Dobyns v. United States, No. 08-700C (FMA), to the Court of Federal Claims
for further proceedings will affect the inquiry recently initiated by OPR into allegations that
Department of Justice attorneys committed misconduct in the Dobyns case. In an e-mail dated
January 8, 2015, OPR informed the parties that OPR has received your December 22, 2014
Order stating that there is a "likelihood that... the court will order depositions of at least some
of the attorneys and other witnesses in this case, as well as the receipt of other relevant
evidence." OPR understands that any such proceedings will focus, at least in part, on the same
misconduct allegations that have been referred to OPR. Therefore, OPR has informed the parties
that, while OPR will continue to gather information and monitor the proceedings in the Dobyns
case, it will not, for the time being, conduct witness interviews or engage in other investigative
actions relating to the issues before the court.
Sincerely,

Raymond C. (Neil) Hurley

Associate Counsel

cc:

James B. Reed, Esq. (by e-mail)

Robert Kirschman, Esq. (by e-mail)
Jay Dobyns (by e-mail)