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New York

Former Lt. Gov. Brian Benjamin skates on three charges in fraud case

Two charges in real estate donor scandal remain

Former NY Lt. Gov. Brian Benjamin (Illustration by Kevin Cifuentes for The Real Deal with Getty Images)
Former NY Lt. Gov. Brian Benjamin (Illustration by Kevin Cifuentes for The Real Deal with Getty Images)

A federal judge dismissed three charges against former New York Lt. Gov. Brian Benjamin stemming from allegations of campaign finance fraud.

Benjamin’s request to dismiss three counts of bribery and honest services wire fraud in the federal corruption case was granted by a U.S. District judge on Monday, the Times Union reported. The judge found federal prosecutors failed to allege an explicit quid pro quo in their indictment.

Benjamin is still facing two other charges related to alleged falsification of records, but attorneys for the former official called the dismissals “vindication.”

Authorities arrested Benjamin in April for alleged campaign finance fraud. The FBI and federal prosecutors investigated if Benjamin steered state money to campaign contributors, including Harlem real estate developer Gerald Migdol, in return for fraudulent donations.

Prosecutors accused Migdol of making unauthorized donations to Benjamin’s 2021 comptroller campaign under other names, including that of his grandchild. Benjamin ultimately pulled in tens of thousands of dollars in public matching funds.

Benjamin’s Senate campaign, meanwhile, received $25,000 from Migdol, but not in the developer’s name, according to the indictment. Two $10,000 checks allegedly came from the developer’s relatives, while one allegedly came from an LLC controlled by Migdol.

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The indictment alleged Benjamin used his influence as state senator to funnel a $50,000 state grant to a nonprofit controlled by Migdol that donated supplies to Harlem schools. Prosecutors also accused Benjamin of covering up the scheme.

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Migdol was arrested last November and charged with wire fraud in connection to fundraising for Benjamin. Benjamin, himself a former developer of market-rate and affordable housing, resigned from his No. 2 role in the state hours after his April arrest.

Migdol pleaded guilty to two charges in April and was disbarred this summer, according to Law.com.

Gov. Kathy Hochul appointed Benjamin as lieutenant governor after she ascended to the top job in the wake of Andrew Cuomo’s resignation. Once Benjamin resigned, Angel Delgado was picked to be the lieutenant governor; the Hochul-Delgado ticket won a full term in office last month.

— Holden Walter-Warner

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CrimeHarlemReal Estate Lawsuits