In a court filing Friday, the Justice Department announced that it will not pursue the prosecution of the husband of an undercover FBI agents who falsely told her she was pregnant and had the child.
The Justice Department filing came just hours after the man’s attorney said the woman’s story was untrue.
“The Government is not pursuing any prosecution of this defendant for the false claims he made to his wife in an attempt to persuade her to give birth to his child,” Michael P. Fitzgerald wrote in a court motion filed Friday in the U.S. District Court for the Northern District of California.
Fitzgerald’s attorney, Joseph P. Tannenbaum, told reporters Friday that the government would not file a case against Fitzgerald, the husband’s lawyer.
The government said it would “review the facts and evidence and consider the best course of action.”
In February, a federal jury in Los Angeles convicted a man who falsely reported his wife was pregnant with twins.
The FBI agent falsely claimed in a confidential letter to Fitzgerald that she was a virgin, and that she had not had sex with her husband since January of this year.
In fact, she was, but the couple had a child together, Tannensbaum said.
The couple married in December 2014 and had two children.