Ex-Biden-Era Federal Prosecutor Faces Criminal Referral Over Alleged Misleading Statements

A former senior federal prosecutor who served in the Biden administration is facing a criminal investigation referral, with allegations that she misled federal agents about her role in an investigation.

Jina Choi joined the U.S. Attorney’s Office for the Northern District of California in late 2023 and was assigned to lead its Corporate and Securities Fraud Section. Before joining the office, Choi represented IRL, a social-media startup that shut down in 2023. The company's co-founder, Abraham Shafi, was later indicted in 2025 on federal fraud and obstruction charges.

The referral, submitted by Shafi's lawyer, centers on whether Choi remained involved in the IRL investigation after joining the U.S. Attorney’s Office, despite being screened from the matter due to her prior representation of the company. Prosecutors stated Choi was walled off from the investigation, but Shafi's lawyer alleges that internal communications and an FBI interview report indicate she remained involved and later understated that involvement to federal agents.

According to the criminal investigation referral, Choi was interviewed by the FBI in July and reportedly told agents she did "not have any kind of role in the investigation." However, documents obtained by the defense allegedly quote her as saying, "I talked to [her predecessor]] and I wanted to see if it would be ok to add [him] to the IRL team to help move it along." The defense also claims documents show she inquired about the FBI agent working on the case and forwarded press coverage of Shafi's case to other prosecutors. At one point during her FBI interview, Choi allegedly stated she was not aware "who was assigned to the case team."

Choi reportedly admitted to keeping a written case tracker that included "the SHAFI investigation was listed." The U.S. Attorney’s Office declined to provide the case tracker, describing it as "privileged and internal work product."

Shafi faces charges including wire fraud, securities fraud, and obstruction, stemming from allegations that he misled investors about user growth on his platform and misused investor funds. His defense argues that Choi's alleged false statements to federal agents, combined with her prior representation of IRL, could taint the charges against him.

Cully Stimson, acting director of the Heritage Foundation’s Legal Policy Center, described the criminal investigation referral as rare, noting that while defense teams often challenge prosecutors, resorting to such a referral is uncommon. Stimson also cautioned against attributing Choi's alleged conduct to the Biden administration broadly, stating that U.S. Attorneys’ Offices generally operate with significant independence.

Choi has not been charged with any crime or disciplined for professional misconduct in connection with the Shafi prosecution. She did not respond to a request for comment.