Federal prosecutors dropped bribery and fraud charges against former New York Lieutenant Governor Brian Benjamin on Friday, January 17th, following the death of Gerald Migdol, a co-defendant and cooperating witness in the case.
The decision to drop the charges came after a review of the evidence, which prosecutors determined could no longer support the case beyond a reasonable doubt without Migdol’s testimony. Migdol, a Harlem real estate developer, had pleaded guilty in 2022 to organizing fake political contributions during Benjamin’s campaign for city comptroller. He passed away on February 9th, 2024.
U.S. District Judge J. Paul Oetken signed the order to dismiss the case after the U.S. Attorney’s Office filed papers notifying the court that it would not proceed with the prosecution. Acting U.S. Attorney Edward Kim stated, “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.”
Benjamin, a former state senator, was arrested in April 2022 and resigned as lieutenant governor shortly afterward. Prosecutors accused him of steering a $50,000 state grant to a nonprofit organization Migdol controlled in exchange for campaign contributions. Following his resignation, Benjamin maintained his innocence, and his legal team fought the charges in court.
“I would like to thank the present leadership at @SDNYnews for reviewing this case and deciding to dismiss the charges in its entirety today. I want to thank my legal team, family, friends and community for all of their unwavering support,” Benjamin wrote in a post on X after the decision.
Benjamin’s arrest in 2022 had sparked a political crisis for Democratic Governor Kathy Hochul, who had appointed him as her second-in-command just months earlier. Hochul had assumed the role of governor after former Governor Andrew Cuomo resigned amid a sexual harassment scandal.
This decision ends Benjamin’s lengthy legal battle, during which he consistently expressed gratitude for the support he received from his community.
