Former New York Lieutenant Governor Brian Benjamin was charged with fraud and bribery. Federal Judge tossed out Brian Benjamin’s fraud and bribery charges against former New York Lt. Gov.
In a written opinion, Judge J. Paul Oetken stated that Benjamin did not provide a favor for a bribe. This is an essential element in bribery or honest services fraud charges.
Benjamin, a Democrat resigned following his April arrest. He pleaded guilty to the charges that he received campaign contributions from an estate developer in return for his influence to obtain a $50,000 grant from state funds for a non-profit organization controlled by the developer.
Benjamin’s arrest created a political crisis in Gov. The arrest of Benjamin had created a political crisis for Gov.
Benjamin’s lawyers made a statement to the court at the time of his arrest stating that they intended to prove the courts that Benjamin’s actions were commendable and not a crime.
Lawyers Barry Berke, Dani James and a statement were made Monday by the attorneys. They stated that the ruling “shows just how these wrongful accusations so harm Mr. Benjamin and unfairly costs him his position of Lt. Governor.”
They stated that “While today is an important day for justice, democracy, and the rule of Law, it is tragic this case was ever brought to court and such a decision was required.”
The attorneys stated that they were shocked and dismayed by the indictment. They said, “From the beginning, we said that we were shocked and dismayed at the indictment based solely on routine fundraising and support for a non-profit providing resources to Harlem’s public schools.”
They said that Benjamin was grateful for his vindication, and looked forward to new opportunities to serve New York City and Harlem.
A spokesperson for the prosecutors declined to comment.
Benjamin was the second Black lieutenant governor of the state. He was the state’s second Black lieutenant governor. His career in state legislature began in May 2017. His district covered most of central Harlem where he was raised by Caribbean immigrants.
The judge dismissed the first three of five charges in a five-count case. He stated that appeals courts, including U.S. Supreme Court, had made it clear that a promise of support was required to support criminal charges if payments are made through campaign contributions.
Judge said that he agreed with another defense argument that the facts in the indictment do not prove criminal liability. He pointed out that the timeline of events by the government shows that there was no agreement between Benjamin and the developer when Benjamin received the $50,000 in state funds.
The charges against Benjamin were not dropped. They allege that he knowingly made false entries in a record in an attempt to obstruct an investigation.
