Biden-Era Prosecutor Hit With Criminal Investigation Referral

A former federal prosecutor who served during the Biden administration is facing a criminal investigation referral asking the Justice Department to examine whether she misled FBI agents about her involvement in a federal case. Jina Choi joined the U.S. Attorney’s Office for the Northern District of California in late 2023 and was later selected to lead its Corporate and Securities Fraud Section.

Before becoming a federal prosecutor, Choi had represented IRL, a social-media startup co-founded by entrepreneur Abraham Shafi. That prior relationship became significant after federal authorities investigated Shafi and IRL. Prosecutors have maintained that Choi was screened from the matter after joining the U.S. Attorney’s Office because of her previous work for the company.

Shafi was indicted in 2025 on federal wire fraud, securities fraud and obstruction charges. Federal prosecutors allege that Shafi misrepresented IRL’s user growth to investors while the company raised roughly $170 million. Shafi has contested the government’s case.

Now, a lawyer retained by Shafi has sent a referral to the Justice Department asking authorities to investigate whether Choi made false statements to the FBI about her involvement in the IRL investigation.

The referral does not amount to a criminal charge, and the Justice Department is not required to open an investigation because one was submitted. As of October 1, Choi had not been charged with a crime or disciplined for professional misconduct related to the case.

The dispute centers on what role, if any, Choi continued to play after she joined the prosecutor’s office. According to the referral, FBI agents questioned Choi in July about the matter. Shafi’s lawyer alleges that Choi told investigators she did “not have any kind of role in the investigation.”

The defense claims internal communications tell a different story. One message cited by Shafi’s lawyer allegedly shows Choi 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 alleges that Choi sought information about which FBI agent was handling the case and circulated news coverage concerning the prosecution to other attorneys.

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During the FBI interview, Choi also allegedly said she did not know “who was assigned to the case team.” The referral further claims Choi acknowledged maintaining a written case tracker on which “the SHAFI investigation was listed.”

Shafi’s lawyers argue that those materials conflict with the position that Choi was completely separated from the investigation.

The government has disputed broader claims of improper involvement. Prosecutors have said Choi was walled off from the case because of her previous representation of IRL, and no court has found that her prior work created a conflict requiring Shafi’s indictment to be dismissed.

Some of the underlying documents referenced by the defense remain sealed, meaning the public cannot independently review their complete context.

Former federal prosecutor Cully Stimson told Fox News that the allegations would be serious if ultimately substantiated.

“Here, the defense’s allegations are troubling if true, because if their allegations end up being true, there was spillage,” Stimson said. He added that a sufficiently serious conflict could potentially affect others in the prosecutor’s office.

Stimson also cautioned against treating the allegations as evidence of wrongdoing by the Biden administration as a whole, noting that individual U.S. Attorney’s Offices generally exercise substantial independence in handling cases.

The FBI declined to comment on the matter, according to Fox News, while Choi did not respond to the outlet’s request for comment. For now, the referral remains a request for federal authorities to investigate the allegations. Whether the Justice Department will take further action has not been announced.