Court of Appeal revives corruption case against ex-lieutenant governor

A federal appeals court on Friday revived corruption charges against former New York Lt. Gov. Brian A. Benjamin, saying prosecutors had sufficiently shown there was a scheme to funnel $50,000 in state money to a now-deceased developer. locks in exchange for campaign contributions.

The appeals court’s decision reversed a December 2022 ruling by Judge J. Paul Oetken of the Federal District Court in Manhattan that dismissed the bribery allegations. The decision referred the case back to Judge Oetken for further hearing, although Mr Benjamin can appeal.

The persecution, which began almost two years ago, is now proceeding under further shadow of uncertainty. The developer, Gerald Migdol, who would likely be prosecutors’ key witness, died in February. The appellate ruling also comes in the wake of the U.S. Supreme Court’s 2023 decision, which limited the types of corruption cases federal prosecutors can bring.

But on Friday, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit said that in Mr. Benjamin’s case, the indictment “sufficiently alleged express consideration.”

A lawyer for Mr. Benjamin did not immediately respond to a request for comment.

The charges against Mr. Benjamin stemmed from his actions in 2019, while serving as a Democratic state senator representing Harlem.

Federal prosecutors accused Mr. Benjamin of using his office to obtain a $50,000 state grant for a nonprofit run by Mr. Migdol, a real estate developer and homeless shelter operator, in exchange for arranging thousands of dollars in illegal campaign contributions for Mr. Benjamin. Benjamin.

Mr. Migdol, who eventually pleaded guilty to related charges, cooperated with the government in the case against Mr. Benjamin before his death.

Mr. Benjamin was also accused of falsifying campaign donation forms in connection with the scheme and providing false information during a background check in August 2021 after he was selected by Governor Kathy Hochul as the state’s lieutenant governor. Mr. Benjamin is still being tried on these two counts, which Judge Oetken upheld.

This is a developing story and will be updated.