There's more fallout on the way for former D.C. Deputy Mayor John Falcicchio. An independent investigation into sexual harassment complaints has led to a referral for a criminal investigation.
That means the harassment allegations against Falcicchio may become part of an investigation into possible criminal activity. Falcicchio had served as one of D.C. Mayor Muriel Bowser's top advisers as both chief of staff and deputy mayor.
Multiple sources familiar with the investigation confirmed the information included in footnotes of the 100+ page independent report.
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The independent investigators referred allegations of sexual assault to the D.C. inspector general, due to what they characterize in one of those footnotes as "possible criminal activity."
The D.C. inspector general has made a criminal referral for further investigation, sources familiar with the investigation tell News4. However, it was not clear which law enforcement agency or agencies it contacted.
Spokespersons for both the U.S. Attorney's Office and the D.C. attorney general declined to comment. A spokesperson for the D.C. inspector general also declined to comment.
An abrupt resignation in 2023
Falcicchio, a longtime top aide to Bowser, abruptly departed her administration in March 2023, a week after the investigation by the Mayor’s Office of Legal Counsel began, but before the allegations were made public.
According to findings from the administration's initial investigation, Falcicchio made unwanted physical sexual advances and sent inappropriate messages, including sexually explicit messages and graphic videos. The mayor's legal counsel concluded in June 2023 that the behavior "more likely than not constituted sexual harassment" toward a female staffer.
The following month, the mayor’s legal counsel released a summary of findings that concluded Falcicchio had also sexually harassed a second employee. He made multiple unwanted physical sexual advances toward the woman, who worked for him in the deputy mayor’s office, that report said. He also was found to have sent unwanted flirtatious messages.
The report concluded there was no retaliation by Falcicchio or other government staff after the employee turned down his repeated advances over several months in 2020.
What the independent investigation found
The new report, commissioned by the D.C. Council, is critical of the mayor's internal investigation for not considering involving law enforcement after reviewing complaints from one of the employees who alleged what the independent report calls "common law sexual assault."
D.C. reached settlements with the two employees totaling more than $500,000, including legal fees. The independent report cost D.C. taxpayers approximately $750,000, bringing the total cost for taxpayers to more than $1 million.
In addition to the monetary payout, both women were allowed to keep their government salaries and benefits for an unspecified amount of time, sources said. News4 does not know when these two employees left their jobs or why.
The day the settlement was announced in May, the women’s lawyers, Debra Katz and Kayla Morin, said they could not discuss the settlement and that they hoped their clients’ actions could help other District employees.
“We want to again praise the courage of our two clients who came forward to expose both Falcicchio's sexual harassment and the significant flaws in the D.C. government's sexual harassment policy that allowed his behavior to go unchecked for too long,” the attorneys’ statement said in part.
“Their efforts, and the good that they did, led to significant policy changes in the D.C. government that we that we hope will improve the working conditions for city employees in the months and years to come," the statement continued.
Earlier this month, after the settlement was disclosed, Bowser made only brief comments about the independent investigation, declining to speak about the details on May 13.
“I’ve said throughout that we’ve learned lessons from this incident and how sorry I am that any of our employees were harmed,” Bowser said.
News4 has reached out to Falcicchio, but has not heard back.
