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Law360 (March 17, 2021, 10:56 AM EDT) -- Davis Polk & Wardwell LLP will lead the New York State Assembly's impeachment investigation into allegations of misconduct by Gov. Andrew Cuomo, including claims of sexual harassment and his handling of nursing home deaths during the pandemic, Speaker Carl Heastie announced Wednesday.
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The impeachment investigation into New York Gov. Andrew Cuomo will be led by a team from Davis Polk, the State Assembly speaker said Wednesday. (AP Photo/Seth Wenig, Pool)
The statement noted a broad mandate for the investigators "to vigorously pursue all the evidence to determine the extent to which violations of the law have occurred."
"Since Thursday, Chairman Lavine led a vigorous search for a top-flight firm to assist with the investigation. I have the utmost faith that Assemblymember Lavine and our Judiciary Committee will conduct a full and fair investigation," Heastie said. "Hiring Davis Polk will give the committee the experience, independence and resources needed to handle this important investigation in a thorough and expeditious manner."
"The addition of Davis Polk will allow my colleagues on the Judiciary Committee and me to fully and fairly investigate the allegations," Lavine said in the statement. "These are serious allegations, and they will be treated with fairness, due process and discretion."
Heastie announced the investigation on March 11.
In the space of two weeks starting in late February, six women accused Cuomo of unwanted sexual behavior including inappropriate comments, kissing and touching. Three of the women claim Cuomo kissed them without their consent, and another said he groped her at his executive mansion.
At each new allegation, the governor steadfastly denied he acted inappropriately.
Shortly after the announcement that Davis Polk would lead the Assembly investigation, Cuomo's accusers denounced the choice of law firm as conflicted, saying he is too close to Chief Judge Janet DiFiore, whom he appointed to that post, and pointing out DiFiore's husband Dennis Glazer's past work at the law firm.
"We were alarmed to hear that Speaker Heastie has hired Davis Polk to assist with the investigation given the connection between Dennis Glazer, who spent more than 30 years as a partner at Davis Polk, and the governor," said Debra Katz, attorney for Charlotte Bennett, who accuses Cuomo of propositioning her for sex. "This is an unacceptable conflict of interest."
"How can we guarantee an independent investigation?" tweeted Lindsey Boylan, who accuses the governor of sexual comments and an unsolicited kiss.
A spokesperson for Davis Polk said that Glazer retired in 2012 and is in no way involved in the investigation.
Cuomo originally sought to appoint the chief judge herself to investigate the sexual harassment allegations against him, sparking a outcry that Judge DiFiore was too close to him and that if Cuomo were impeached, Judge DiFiore would sit as a juror alongside the other six Court of Appeals judges and the state Senate.
Cuomo bowed to public pressure and let Attorney General Letitia James appoint outside investigators led by former federal prosecutor Joon H. Kim of Cleary Gottlieb Steen & Hamilton LLP and employment discrimination attorney Anne L. Clark of Vladeck Raskin & Clark PC.
The Assembly's team of investigators feature three Davis Polk partners who are veteran white collar investigators.
Greg Andres was a prosecutor in special counsel Robert Mueller's Russia investigation and secured the conviction of Paul Manafort on conspiracy and obstruction charges. Before that, Andres spent more than a decade as a federal prosecutor in New York and Washington, D.C., according to the Davis Polk website.
Martine Beamon was an assistant U.S. attorney in Manhattan for five years before joining Davis Polk. Her online bio says that "the FBI requested that she train its agents on insider trading."
Receiving first billing on the team is Angela Burgess, who chairs the law firm's white collar defense and investigations group. Her bio includes internal investigations and defending corporate clients in federal corruption cases in "some of the most high-profile and complex white collar and regulatory matters in recent years," including U.S. Securities and Exchange Commission settlements of $77 million with Standard & Poor's Ratings Services and $1 billion with Swedish telecommunications giant Telia Co. AB.
Cuomo did not immediately respond to a request for comment about the appointment of Davis Polk.
Heastie did not immediately respond to a request for further details about the parameters of the probe.
Davis Polk did not immediately respond to a request for comment about how many other attorneys might be working on the investigation.
--Editing by Brian Baresch.
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