New York Lt. Gov. Benjamin Resigns After Arrest on Bribery Charges, Remains on Primary Ballot

New York Lt. Gov. Brian A. Benjamin resigns after being arrested on bribery charges following federal prosecutors unsealing an indictment that accused him of directing a brazen scheme to use illegal donations to his past political campaigns and trying to cover the crime up.

Gov. Kathy Hochul, who was the one that selected Benjamin to be her lieutenant governor less than a year ago, said that he would be stepping down from his position immediately. In a statement, Hochul said that Benjamin could not continue to serve as lieutenant governor of the state while the legal process was being done.

Brian Benjamin's Criminal Charges

The governor said that New York residents deserved absolute confidence in their elected government officials and said she was working hard every day to deliver it to them. The five-count indictment against Benjamin said that he conspired to direct $50,000 in state funds to a Harlem real estate developer's charity during his time as a state senator, as per the New York Times.

The document wrote that in exchange, the developer orchestrated thousands of dollars in illegal campaign contributions to Benjamin's unsuccessful 2021 campaign. Furthermore, the indictment alleges that the lieutenant governor offered his assistance to the developer, Gerald Migdol, in obtaining a zoning variance if he was to make a $15,000 donation to a separate fund for State Senate Democrats.

The lieutenant governor is now facing charges of bribery, conspiracy, honest services wire fraud, and falsification of records. The offenses against him carry maximum penalties ranging from five to 20 years in prison.

According to Fox News, prosecutors are also looking for forfeiture of the funds involved in the scheme or, alternatively, "any other property of the defendants up to the value of the forfeitable property." A U.S. attorney for the Southern District of New York, Damian Williams, is expected to address the case during a press conference on Tuesday afternoon. He will be joined by officials from the Federal Bureau of Investigation (FBI) and the New York City Department of Investigation.

Indictment on Bribery Charges

However, Benjamin is expected to remain on the New York primary ballot despite stepping down from his post and having bribery charges against him. The situation could prove to be a difficult issue for Hochul to address.

A spokesman for the state Board of Elections, John Conklin, said that there were only three ways for an individual to get off the ballot; death, declination, or disqualification. Last week, Benjamin also admitted that he did not tell Hochul that he was aware that his 2021 comptroller campaign was subpoenaed before his appointment to his current post.

Benjamin was designated as the Democrats' preferred candidate for lieutenant governor in February during the party's nominating convention. After the issue, it is still unclear if Hochul would consider supporting the running mate of a rival candidate in the Democratic primary. It was also unclear how Benjamin would be approaching his name still being on the ballot despite his resignation and criminal charges, the New York Daily News reported.