The US Department of Justice (DOJ) has launched an investigation into former New York governor Andrew Cuomo over testimony he gave to Congress, the New York Times reported on Tuesday.

The investigation stems from a transcribed interview that former Governor Cuomo gave to a Congressional Subcommittee in June 2024. In the interview, Cuomo stated that he was not involved in the drafting or review of a 2021 report released by the New York State Department of Health (NYSDOH). The NYSDOH report cited external factors for the state’s failed nursing home policies during the COVID-19 pandemic, rather than controversial decisions made by the then-governor. NY State Attorney General Letitia James had previously released a report stating that the NYSDOH had significantly undercounted related nursing home deaths.

In September 2024, the House Subcommittee on the Coronavirus Pandemic released a 48-page memorandum citing evidence that suggests Cuomo provided false testimony because he was actively involved in creating the NYSDOH report. Last month, Representative James Comer, Chairman of the House Committee on Oversight and Government Reform, called for the DOJ to launch a criminal investigation into Cuomo’s testimony. 

Under 18 USC 1001, it is a federal crime to knowingly make false statements to Congress. This legal standard originated during the Civil War. The False Claims Act of 1863 established monetary penalties aimed at curbing fraud amongst defense contractors; still in effect today, the government recovered over $2.9 billion in false claims settlements in 2024. A 1969 lawsuit, Bryson v. United States, established that while individuals have the right to refuse self-incrimination under the Fifth Amendment, any testimony that is given must be truthful. This precedent was expanded in the 1998 case Brogan v. United States, which held that the Fifth Amendment does not allow for individuals to falsely deny wrongdoing. Under the current law, Cuomo can face up to five years in prison and up to $10,000 in fines if he is found guilty of making knowingly false statements. 

This all comes while Cuomo attempts a comeback in his tumultuous political career. Cuomo served as the 56th Governor of New York from 2011 to 2021, resigning from that position in August 2021 following reports of illegal sexual misconduct. In March, Cuomo announced that he would be running for mayor of New York City in the upcoming November election. He is considered the front-runner to win the Democratic mayoral primary election which will be held next month. The incumbent Democratic mayor, Eric Adams is running for re-election as an Independent. Last month, the DOJ dropped federal corruption charges against Mayor Adams.

The DOJ has not publicly acknowledged the investigation; however, multiple outlets have confirmed the report via anonymous sources.