NEW YORK – A federal judge on Monday dismissed bribery and fraud charges against former New York Lieutenant Governor Brian Benjamin, leaving him alone on charges of falsifying documents.
Judge J. Paul Oetken in a written opinion said prosecutors failed to cite an explicit example in which Benjamin provided a favor in exchange 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 in obtaining a $50,000 grant of state funds for a non-profit organization controlled by the developer.
Benjamin’s arrest had created a political crisis for Governor Kathy Hochul, a fellow Democrat who had selected him to serve as second-in-command when she became governor following a sexual harassment scandal that ousted her predecessor, Democrat Andrew.
At the time of his arrest, Benjamin’s attorneys had released a statement saying they intended to prove to the courts that their client’s actions were commendable and not a crime.
His lawyers had no immediate comment on Monday.
A prosecutors spokesman declined to comment.
Benjamin was the second black lieutenant governor in the state. During a run in the state legislature starting in May 2017, he has emphasized criminal justice reform and affordable housing. His district included most of downtown Harlem, where he was born and raised to Caribbean immigrant parents.
In dismissing the first three counts in a five-part indictment, the judge wrote that appellate courts, including the United States Supreme Court.
The judge said he also agreed with a separate defense argument that the facts alleged in the prosecution, even if true, do not establish criminal liability. He noted that the government’s timeline of events shows that there was no agreement between Benjamin and the developer at the time Benjamin obtained the $50,000 in state funds.
The allegations that remained intact allege that Benjamin knowingly made a false entry in a register with the intent to impede an investigation.
