NEW YORK — On Friday, federal prosecutors announced the dismissal of bribery and fraud allegations against former New York Lieutenant Governor Brian Benjamin. This decision was influenced by the passing of a key cooperating witness against Benjamin, a Democrat who previously served under Governor Kathy Hochul.
U.S. District Judge J. Paul Oetken issued a ruling to conclude the case against Benjamin, following a notification from the prosecution that they could no longer establish the case’s claims beyond a reasonable doubt in light of co-defendant Gerald Migdol’s death. Migdol, who had been a pivotal figure in the prosecutorial case, passed away on February 9, 2024, although his obituary did not disclose the cause of death. Migdol was a Harlem real estate developer who had admitted guilt in 2022 for orchestrating fraudulent contributions amounting to tens of thousands of dollars while Benjamin campaigned for city comptroller—a position he subsequently lost.
Following his arrest in April 2022, Benjamin resigned from his position as lieutenant governor. His legal team expressed their relief in a statement, declaring that “today’s vindication of Brian Benjamin is a timely reminder of the Reverend Martin Luther King Jr.’s famous words: ‘The arc of the moral universe is long, but it bends toward justice.’” Defense attorneys Barry Berke, Dani James, and Darren LaVerne indicated they had maintained faith that this conclusion would eventually occur.
The arrest posed significant political challenges for Democratic Governor Kathy Hochul, who had appointed Benjamin as her deputy. Hochul ascended to the governorship following a scandal that resulted in the resignation of her predecessor, Andrew Cuomo, a fellow Democrat, related to allegations of sexual harassment. Benjamin had previously held a position in the state Legislature, representing a substantial portion of central Harlem.
The legal proceedings against Benjamin had encountered difficulties prior to Migdol’s death. In December 2022, Judge Oetken dismissed the bribery and fraud counts against him, leaving only charges pertaining to falsifying records. In his decision, Oetken noted that the prosecutors had not adequately supported their allegations with clear examples of Benjamin exchanging favors for bribes, a crucial component of those charges.
However, earlier in March, the 2nd U.S. Circuit Court of Appeals reinstated the charges, asserting that the indictment made sufficient allegations of an explicit quid pro quo arrangement. The appellate court stated that a jury might deduce from the presented facts that Benjamin had pledged to allocate $50,000 in state resources to a nonprofit linked to Migdol, in return for campaign donations from the developer. Benjamin’s defense maintained that he engaged solely in standard fundraising efforts, supporting a nonprofit that aimed to provide essential resources for Harlem public schools.
Notably, the Supreme Court recently opted not to review the 2nd Circuit’s ruling. A representative for the prosecution chose not to provide any comments on the matter on Friday.
