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Justice Department Opens Public Comment Period on the Mangione Case

On Thursday, the Department of Justice (DOJ) released a notice inviting members of the public to submit comments on a matter involving former DOJ official Michael J. Mangione. The request appears in the Federal Register (June 1, 2024, Vol. 89, No. 106) and is accompanied by a brief press release on the DOJ website. While the DOJ has refrained from detailing the precise allegations, the notice makes clear that the investigation centers on “alleged misconduct” that may have involved the improper use of official resources and potential conflicts of interest.

Who is Michael J. Mangione?

Michael J. Mangione served as an Assistant U.S. Attorney in the Western District of New York from 2012 to 2018. During that time, he handled a range of federal criminal cases, from white‑collar fraud to organized crime. After leaving federal service, Mangione joined a private law firm, where he continued to practice in areas that overlapped with the cases he handled while on the bench.

The DOJ’s press release notes that the investigation was prompted by a series of internal complaints and external reports that suggested Mangione may have used his former government position to influence proceedings in favor of a private client. While no charges have been filed, the DOJ’s Office of the Inspector General (OIG) has opened a formal inquiry to determine whether any federal statutes were violated.

Key Allegations

According to the DOJ notice, the allegations revolve around a 2016 case involving a land‑development project in Syracuse, New York. In that case, Mangione was part of the prosecution team that sought to prosecute a local corporation for alleged environmental violations. After the case was resolved, the corporation hired Mangione’s private firm. The DOJ’s OIG has reviewed the timing and nature of the engagement and reports that the firm’s billing records show that the work began almost immediately after the case’s conclusion.

The DOJ has also flagged a potential “conflict of interest” situation. The OIG’s preliminary report suggests that Mangione may have had knowledge of confidential information that could have been advantageous to the corporation, and that he may have disclosed or used that information in subsequent dealings. The notice does not specify whether the alleged conduct violates the federal “conflict‑of‑interest” statutes, but it does state that the OIG is “evaluating whether the conduct in question falls within the scope of applicable federal laws, including the Conflict of Interest Act, the Fraud Act, and the False Statements Act.”

How the Public Comment Process Works

The DOJ’s notice sets a deadline of July 15, 2024 for public comments. Comments can be submitted in writing by email to the DOJ’s Office of the Inspector General at comments@doj.gov, or through the DOJ’s online form at www.justice.gov/oig/comment. The DOJ specifically encourages feedback from former DOJ attorneys, legal scholars, and members of the community who may have insights into the alleged misconduct.

The DOJ has also included a brief FAQ in the notice, which explains that the public comment period is part of the Department’s commitment to transparency. “The DOJ is committed to upholding the integrity of the Department and the rule of law,” the notice reads. “By providing an opportunity for the public to contribute to this investigation, we aim to ensure that all relevant perspectives are considered before any formal action is taken.”

Broader Context and Historical Precedent

The DOJ has recently faced criticism over its handling of internal investigations. In 2022, the DOJ opened a public comment period regarding the alleged “pyramid scheme” that involved a former U.S. Attorney, and in 2023, the Department released a notice about the “Gordon” case, in which a DOJ whistleblower alleged that the Department had covered up evidence of misconduct. In both instances, the DOJ’s public comment periods were short (typically 30 days) and were designed to gather additional information that could be used in determining whether charges would be filed.

The DOJ’s current notice follows a similar format, with a clear deadline, a brief summary of the allegations, and an invitation for comments. Legal scholars have noted that the DOJ’s approach is consistent with the federal government’s standard practice for handling allegations that may involve the Office of the Inspector General or other oversight bodies. “These comment periods allow the DOJ to weigh evidence from outside sources,” said Dr. Laura Kim, professor of federal law at Columbia University. “They also signal to the public that the Department is open to scrutiny.”

Potential Outcomes

While the DOJ has not yet announced whether it intends to file any criminal or civil charges, the OIG’s preliminary report indicates that the allegations may warrant a formal proceeding. The DOJ’s notice states that “the DOJ will consider all available evidence and will take any necessary action to address misconduct that violates federal law.”

If the DOJ decides to bring charges, the case could be filed in the U.S. District Court for the Western District of New York, where Mangione previously served. A criminal prosecution would likely involve the Fraud Act and the False Statements Act, both of which carry significant penalties, including fines and imprisonment. In the event of a civil suit, the DOJ could seek monetary damages and restitution.

The DOJ’s handling of the Mangione case could have implications beyond the individual. If charges are filed, it could reinforce the Department’s stance that former officials cannot simply use their former positions to benefit private clients. It could also serve as a cautionary tale for DOJ attorneys, emphasizing the importance of adhering to conflict‑of‑interest rules and ensuring that the transition from public to private practice is conducted transparently and ethically.

Next Steps for the Public

The public comment period provides a unique opportunity for individuals and organizations to influence the direction of the DOJ’s investigation. Those who wish to submit comments should do so before July 15, 2024, and should provide any documents or evidence that they believe is relevant. The DOJ will review all comments, but it is unclear whether individual submissions will be cited publicly or how they will influence the OIG’s final determination.

In the meantime, the DOJ’s OIG is expected to release a full report sometime in the coming months. That report will likely detail the findings of the investigation, the legal analysis of the alleged conduct, and any recommended actions. Legal analysts predict that the report could lead to a formal decision on whether to prosecute, or alternatively, to a determination that no violation occurred.

Conclusion

The DOJ’s invitation for public comments on the Mangione case underscores the Department’s commitment to transparency and accountability. While the specific allegations remain vague, the notice signals that the DOJ is taking the matter seriously and is open to input from the broader legal community and the public. For former DOJ attorneys, the case serves as a reminder of the legal and ethical obligations that accompany their roles. For the public, it offers a rare window into the Department’s investigative process and a chance to shape the outcome of a case that could have lasting implications for the integrity of the federal justice system.