Experts have warned that New York Governor Andrew Cuomo's alleged cover-up of nursing home COVID-19 deaths could result in federal criminal charges. John B. Daukas, a former acting US attorney general for the Justice Department’s Civil Rights Division, wrote in a Wall Street Journal op-ed that 'numerous federal criminal statutes could apply'.
Daukas pointed to Melissa DeRosa, the governor's secretary, who admitted last week that the administration deliberately hid data on nursing home COVID-19 deaths. DeRosa claimed the data was withheld to prevent former President Donald Trump from using it 'as a giant political football'. Daukas argued that this admission indicates the conduct was 'intentional and perhaps criminal'.
Daukas noted that making false statements to the federal government, concealing information, and obstructing government investigations are crimes. He added that New York may have engaged in a conspiracy to defraud the US and obstruct justice. Fox News legal analyst Gregg Jarrett also said DeRosa's claims could constitute obstruction of justice.
The controversy stems from a March 2020 directive by Cuomo that barred nursing homes from refusing patients based solely on a COVID-19 diagnosis. The state's Democratic attorney general later criticised the administration for minimising the death toll by excluding certain fatalities. Cuomo's administration eventually revealed at least 15,000 nursing home residents had died, nearly double the initial figure.
DeRosa told lawmakers the data was withheld due to fears it would be 'used against us'. Cuomo has denied any wrongdoing and accused state legislator Ron Kim of corruption after Kim spoke to the press about the matter. Kim claimed Cuomo threatened to 'destroy' him.
