Former Lt. Gov. Brian Benjamin is still facing trial on corruption charges after the U.S. Supreme Court rejected his appeal. The case involves allegations of soliciting campaign donations in exchange for steering a state grant to a Harlem developer. The charges were initially dismissed, but an appeals court reinstated them, citing that a quid pro quo agreement could be inferred. Benjamin is accused of arranging donations in return for the grant, including a straw donation scheme. The key witness in the case, the developer who allegedly made the donations, passed away. The case is set to return to the courtroom for trial.
Former Lieutenant Governor Brian Benjamin is once again heading towards a trial on corruption charges as the U.S. Supreme Court denied his request to overturn a ruling by an appeals court that reinstated the case. Over two and a half years after his indictment on charges of soliciting campaign donations in exchange for directing a state grant to a program managed by a Harlem developer, Benjamin is yet to face a jury.
The main charges including bribery, conspiracy, and theft of honest services were dismissed by Manhattan Federal Judge J. Paul Oetken in December 2022. The judge believed the indictment lacked sufficient evidence as there was no clear “quid pro quo” where Benjamin explicitly stated he was trading favors for campaign contributions. However, a three-judge panel of the Second Circuit Court of Appeals disagreed with this reasoning, stating that an agreement between Benjamin and the donor could be inferred without explicit statements.
According to prosecutors from the Manhattan U.S. Attorney’s office, Benjamin, during his unsuccessful 2021 campaign for city comptroller, allegedly asked a real estate developer and donor, Gerard Migdol, to raise additional funds for his campaign. Migdol expressed concerns that focusing on campaign donations would impact his ability to raise funds for a nonprofit supporting education in Harlem public schools. Benjamin reportedly responded by saying, “Let me see what I can do,” leading to Benjamin securing a $50,000 state grant for Migdol’s organization. Subsequently, Migdol arranged three donations totaling $25,000 for Benjamin. Benjamin then requested Migdol to gather smaller donations that would trigger public matching funds. Migdol orchestrated a scheme involving straw donations, reimbursing donors or writing checks under unsuspecting donors’ names.
Despite losing the comptroller race in the 2021 primary, Benjamin was appointed lieutenant governor by Governor Kathy Hochul in September 2021. However, seven months later, in April 2022, Benjamin was indicted. With the U.S. Supreme Court’s decision to uphold the reinstatement of the case, it now returns to Judge Oetken’s courtroom, who had previously dismissed some key charges against him.
While Benjamin’s case was ongoing, his key witness and generous donor, Gerard Migdol, passed away. Migdol, who had also been arrested and had agreed to cooperate with federal prosecutors, was crucial to the case against Benjamin. His death raises questions about the prosecution’s strategy moving forward. Assistant U.S. Attorney Hagan Scotten acknowledged that Migdol’s death would impact the case but mentioned the government’s intention to proceed with the indictment’s allegations.
As the case progresses, it remains to be seen how the prosecution will navigate the absence of their key witness and the implications on proving the charges against Benjamin. The decision by the U.S. Supreme Court sets the stage for a significant legal battle ahead, with Benjamin’s fate hanging in the balance.
Source: TheCity.NYC
