A federal judge has dismissed bribery and fraud charges against former New York Lt. Gov. Brian Benjamin after prosecutors allegedly failed to outline the explicit quid pro quo that was needed for bribery, honest services wire fraud, and a related conspiracy charge.
Manhattan Judge Paul Oetken said, however, that Benjamin will still face two counts of falsification of records. The charges on the falsification of records each carry a maximum sentence of 20 years in prison.
Dismissal of Bribery, Wire Fraud Charges
Later on Monday, prosecutors said that they will appeal Oetken's ruling to dismiss the charges against Benjamin. The former lieutenant governor, who is a Harlem Democrat, was accused of accepting contributions for his state Senate and city comptroller campaigns. The funds allegedly came from real estate developer Gerald Migdol.
The bribe was in exchange for steering state funds to a non-profit that the donor had control over. Since the filing of charges against Benjamin, who resigned as Gov. Kathy Hochul's second-in-command in April, the official has pushed back against the claims through his lawyers in hearings and filings in the case, as per the New York Post.
Defense lawyer Barry Berke in August accused prosecutors of improperly charging his client, calling the situation the "most aggressive political corruption case ever made by the U.S. government."
At the hearing, Berke told Oetken that simply asking for money before or after a benefit cannot be enough to be used as evidence. The charges against Benjamin that were dropped; wire fraud, bribery, and conspiracy, each carried maximum prison sentences of 20 years, 10 years, and five years, respectively.
According to Yahoo News, the Supreme Court last week appeared to be ready to impose further limits on such prosecutions when it heard arguments in a case that involved Joseph Percoco, a former aide to former Gov. Andrew Cuomo.
Brian Benjamin's Defense
Prosecutors argued that Benjamin directed a $50,000 state grant in June 2019 to a charity that Migdol ran in Harlem. However, Oetken said that the government simply implied an agreement between the two individuals and argued that the awarding of the grant was not "proof" that there had been one.
Previously, Migdol pleaded guilty to bribery and fraud charges and worked with prosecutors in the case. Furthermore, government watchdogs in New York believe that the decision would only worsen the notorious pay-to-play culture in Albany.
The executive director of Reinvent Albany, John Kaehny, said that when it comes to political corruption, New Yorkers were left on their own. He added that the Supreme Court effectively neutralized the ability of the U.S. attorney to prosecute bribery and pay-to-play.
Benjamin's lawyers, on the other hand, argued that their client had been vindicated and argued that the charges against him cost him his position. The legal experts added that they were based on "nothing more than routine fund-raising."
Berke and Dani R. James, another defense lawyer of Benjamin, said that the dismissal of the charges made it clear how the indictment was a direct assault on the democratic process. They said that while the dismissal was overall good news, the case itself being put forward was a tragedy in itself, the New York Times reported.
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