Statement by Acting Rockland County DA on Investigation of Alleged Wrongdoing by Ed Day

Statement by Acting Rockland County DA on Investigation of Alleged Wrongdoing by Ed Day

Accusers Refuse to Speak with Investigators

As you may know, there were allegations made on social media by family members of County Executive Ed Day that Rockland County legal business had been inappropriately referred to a White plains law firm to benefit a female member of that law firm. It was further alleged that Ed Day had a romantic relationship with a female attorney.

While the County Executive requested the district attorney to investigate the allegations, that investigation would have taken place even if had not been requested by the county executive. By way of this statement I now report the results of that investigation.

I assigned two of my best investigators to conduct the investigation. Both individuals are retired FBI agents with decades of experience. Their instructions were to conduct a complete and thorough investigation as to whether any criminal law was violated concerning the dealings between the county and the law firm Wilson, Elser.

The originators of the social media allegations were approached. One was interviewed at length, others refused to speak with the investigators. The managing partner of the law firm was interviewed as was counsel to the firm. A former member of the firm who actually performed the county work in question was interviewed. The records of Rockland County’s finance department were reviewed. The county executive was interviewed as was the female lawyer. Numerous other individuals were interviewed.

Records show the County Executive utilized the White Plains law firm Wilson, Elser for several matters. One of those matters concerned a defamation suit that postdated the departure of the female from the law firm. Consequently, that matter was not relevant to the accusations made on social media. The remaining matter involved legal representation concerning the potential sale and closure of the county hospital at Pomona. Starting in October 2014, the White Plains law firm was on a monthly retainer for this matter. In March 2015, the law firm terminated their representation of the county.

In December 2016, the female attorney left the White Plains law firm and joined another law firm. The records of the finance department show no County business was done with that second law firm.

Interview of witnesses and review of records failed to establish that the female attorneys shared in or financially benefited from the monies paid by Rockland county to the law firm and no payments were made to the female attorney for the county of Rockland. Further, there is no evidence that any attempt was made to have a female lawyer benefit from the business originating from the county of Rockland.

Therefore, the results of the investigation finds no evidence that any criminal law was violated by the County Executive.


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