Allegations of bribery and fraud against former New York Governor Brian Benjamin were overthrown by a federal judge on Monday, leaving Benjamin faced only charges of falsifying records and prompting his lawyers to say it was tragic that the case was ever filed.
Judge J. Paul Oetken said in a written statement that the prosecution failed to provide an explicit example in which Benjamin had done Benjamin a bribe, an essential element of bribery and fraud of honest services, a favor.
Benjamin, a Democrat, resigned following his arrest last April. He pleaded not guilty to the charges that he received campaign contributions from a real estate developer in return for his influence to obtain a grant of $50,000 in government funding to a developer-controlled nonprofit organization.
Der Gouverneur von New York, Brian Benjamin, tritt nach seiner Festnahme wegen Betrugs bei der Wahlkampffinanzierung zurück
Benjamin’s arrest had plunged Governor Kathy Hochul, a Democratic colleague, into a political crisis, who chose him as deputy when she left office following a sexual harassment scandal that drove her predecessor, Democrat Andrew Cuomo, out of office.
At the time of his arrest, Benjamin’s lawyers had issued a statement saying they wanted to show the courts that their client’s actions were commendable rather than a crime.
On Monday, lawyers Barry Berke and Dani James said in a statement that the verdict “shows how these unlawful allegations have so harmed Mr. Benjamin and unfairly cost him his position as lieutenant governor.”
“Although today is a great day for justice, democracy and the rule of law, it is tragic that this case was ever brought forward and such a decision was necessary,” they said.
“From the outset, we said we were shocked and dismayed that prosecutors would bring such weak and unjustified charges based on nothing more than routine fundraising efforts and support from a nonprofit organization that provides the necessary resources for Harlem public schools,” the lawyers said.
They wrote that Benjamin was “thankful for his justification and looks forward to new opportunities to serve the people of New York and his community in Harlem.”
A spokesperson for the public prosecutor declined to comment.
Benjamin was the second black lieutenant governor of the state. During his career in state lawmakers, which began in May 2017, he emphasized criminal justice reform and affordable housing. His district covered most of central Harlem, where he was born and raised by Caribbean immigrant parents.
By warning the first three counts in a five-count indictment, the judge wrote that appellate courts, including the US Supreme Court, have clarified that proof of a promise is required to support criminal charges when payments are made in the form of campaign contributions.
The judge said he also agreed with a separate defense argument that the facts claimed in the indictment, even if true, do not create criminal liability. He noted that the government’s timeline shows that at the time Benjamin raised $50,000 in government funding, there was no agreement between Benjamin and the property developer.