NEW YORK — Bribery and fraud charges against former New York Lt. Gov. Brian Benjamin were tossed out Monday by a federal judge, leaving Benjamin to face only records falsification charges. Prosecutors notified the judge hours later that they were appealing the ruling.
Six weeks before a scheduled trial, Judge J. Paul Oetken in a written opinion said prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges.
Benjamin, a Democrat, resigned after his arrest last April. He pleaded not guilty to charges that he obtained campaign contributions from a real estate developer in exchange for his influence to get a $50,000 grant of state funds for a nonprofit organization the developer controlled.
Benjamin’s arrest had created a political crisis for Gov. Kathy Hochul, a fellow Democrat who chose him to serve as second-in-command when she became governor following a sexual harassment scandal that drove from office her predecessor, Democrat Andrew Cuomo.
Hours after the decision was released, Manhattan federal prosecutors notified Oetken that they were appealing his ruling to the 2nd U.S. Circuit Court of Appeals in Manhattan. The judge had cited U.S. Supreme Court and 2nd Circuit decisions in reaching his conclusion.
At the time of his arrest, Benjamin’s lawyers had issued a statement saying they planned to show the courts that their client’s actions were laudable rather than a crime.
On Monday, attorneys Barry Berke and Dani James said in a statement that the ruling “shows how these wrongful charges so harmed Mr. Benjamin and unfairly cost him his position as Lt. Governor.”
“While today is a great day for justice, democracy and the rule of law, it is tragic that this case was ever brought and such a decision was necessary,” they said.
“From the very beginning, we said we are shocked and dismayed that the prosecution would bring such flimsy and unwarranted charges based on nothing more than routine fundraising and support of a non-profit providing needed resources to Harlem public schools,” the attorneys said.
They wrote that Benjamin was “thankful for his vindication and looks forward to new opportunities to serve the people of New York and his Harlem community.”
Benjamin was the state’s second Black lieutenant governor. During a state Legislature career that began in May 2017, he emphasized criminal justice reform…
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