What happens when an FBI agent is caught lying under oath?

            The FBI admitted in court filings that FBI Agent David M. Hardy made materially false statements about evidence in Tony Viola’s criminal case -- not once but twice.  Attorneys for the Justice Department then withdrew multiple affidavits, made under oath, and asked a federal judge to vacate her previous rulings in their favor, Viola v. U.S. Department of Justice, case no. 15-cv-242, W.D. Pa.  Earlier in that same case, Justice Department Attorney Michael Colville admitted the U.S. Attorney’s Office in Cleveland also lied about evidence in Tony’s case.

            So far, Agent Hardy – who is a licensed attorney in Texas -- has faced NO consequences for making these false statements, while the Justice Department has OPPOSED efforts to have the matter investigated by the Justice Department Inspector General.  Hardy’s admissions of lying follow multiple untrue statements made by Assistant U.S. Attorney Mark Bennett, who falsely stated there was no “FBI 302” interview summary with a witness who established Tony’s innocence at the second trial.  Bennett also lied about the existence of voice recordings made by Task Force Office Manager Dawn Pasela, who recorded a series of post-indictment conversations with Tony so prosecutors could obtain confidential defense trial strategy information.  Assistant Ohio Attorney General Daniel Kasaris joined his colleague Mark Bennett in making false statements under oath about the existence of the same voice recordings and the “FBI 302.”  Kasaris also admitted using a private Yahoo email account for official business, deleting emails on that account, and concealed his romantic relationship with government witness Kathryn Clover.  As of this date, Ohio Attorney General Dave Yost has refused to investigate Kasaris’ affair with a government witness, while Federal Prosecutor Bennett has never been sanctioned for hiding evidence in a criminal case.        

     Government attorneys are in violation of Section 45.11 of Title 28 of the Code of Federal Regulations, which imposes a duty on all Department of Justice (DOJ) employees to report allegations of “criminal or serious administrative misconduct” to the DOJ’s Office of Inspector General (OIG).  Section 45.12 imposes a duty on DOJ employees to report to the Office of Professional Responsibility (OPR) allegations of misconduct by a DOJ attorney or “law enforcement personnel when such allegations are related to allegations of attorney misconduct.”   The Supreme Court ruled that “after a conviction the prosecutor also is bound by the ethics of his office to inform the appropriate authority of after-acquired or other information that casts doubt upon the correctness of the conviction,” Imbler v. Pachtman, 424 U.S. 409 (1976) n. 25, but the Justice Department willfully ignores that obligation.  Government attorneys who learn of a government employee's criminal conduct have a statutory obligation to report such conduct, while the United States Attorney’s Manual states that prosecutors have ongoing duties to produce evidence casting doubt on convictions, USAM § 9-5.001C.  American Bar Association Formal Opinion 14-467 (2014) states that “A prosecutor’s failure to report known misconduct may itself constitute a violation of the prosecutor’s professional duties,” which mirrors National Prosecution Standard 1-1.6 “Duty to Report Misconduct,” National District Attorney’s Association. 

     “Despite all of these laws and regulations, prosecutors continue to cover for each other and simply refuse to follow the law,” said Tony Viola.  “FBI Director Christopher Wray pontificates about the ‘rule of law’ and says the FBI is the ‘nation’s premier law enforcement agency.’  But the FBI is allowed to break the law and lie with impunity, and is being enabled by government attorneys who refuse to follow the law.  I have filed a law license complaint against Agent Hardy with the State of Texas and I have also asked the FBI’s ‘Inspection Division’ to suspend this agent without further delay.  I am also asking for the public’s support.  Please consider signing our Petition on Change.org to hold prosecutors and FBI agents accountable when they engage in or cover up illegal behavior.”

     To read the court filings where prosecutors admit lying, or to read Tony Viola’s motion to refer misconduct to the Inspector General, kindly consult the federal court’s Pacer system, Viola v. U.S. Department of Justice, case no. 15-cv-242, W.D. Pa To learn more about how Tony proved his innocence at a second trial using evidence Prosecutors Mark Bennett and Dan Kasaris hid prior to the first trial, kindly visit www.FreeTonyViola.com.

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