(The Center Square) — Federal prosecutors have dropped bribery and conspiracy charges against New York’s former Democratic lieutenant governor, citing the death of a key witness in the case.
In a filing to U.S. District Judge J. Paul Oetken late Friday, prosecutors said the death of real estate magnate Gerald Migdol — who was expected to testify in the case — meant that they could not go forward with bribery, wire fraud and conspiracy charges against former New York Lt. Gov. Brian Benjamin, who was once seen as a rising star in the state Democratic party.
“Based on a review of the evidence in the case, and in light of the death of cooperating witness and co-defendant Gerald Migdol, the government has determined that it can no longer prove, beyond a reasonable doubt, the charges in the Indictment,” they wrote in the motion filed with U.S. District Judge J. Paul Oetken, who approved the motion.
Prosecutors had alleged that Benjamin directed a $50,000 grant from the New York state government to a nonprofit organization controlled by a real estate developer. In turn, the unnamed developer gave Benjamin “tens of thousands of dollars” toward his campaigns for the state Senate and the New York City comptroller race. He lost the Democratic primary for the comptroller’s race.
Last year, the U.S. Supreme Court declined to take up a challenge from Benjamin’s lawyers, who argued that the scope of federal bribery law was limited in the case because campaign contributions are protected under First Amendment protections for free speech. The decision effectively cleared the way for the case to go to trial.
Benjamin, 48, consistently denied all allegations of wrongdoing and had entered a plea of not guilty. He resigned shortly after the indictments were announced in April 2022.
A former state lawmaker, Benjamin was picked by Gov. Kathy Hochul in 2021 to take over the second-in-command post after she was tapped as governor after Gov. Andrew Cuomo resigned amid sexual harassment allegations.
“I want to thank the present leadership of the Southern District of New York for reviewing this case and dismissing it in its entirety,” Benjamin said in a statement. “As New York’s 78th Lieutenant Governor and as Harlem’s State Senator, I represented my district and this state with honor and integrity. I would like to thank my family, friends, community and legal counsel for believing in me and helping me fight for my freedom over the past three years.”
