New York Lt. Gov. Benjamin Arrested For Campaign Finance Fraud

Topline

New York Lt. Gov. Brian A. Benjamin, the second highest-ranking official in the state, was arrested Tuesday by federal authorities on bribery and fraud charges involving alleged illegal donations to his failed campaign to be the state’s comptroller in 2021.

Key Facts

Benjamin surrendered to authorities Tuesday and appeared in court Tuesday afternoon, where Reuters reports he pleaded not guilty to five counts of bribery, wire fraud conspiracy and falsification of records.

The arrest follows reports the FBI had been investigating whether Benjamin was involved in Harlem real estate investor Gerald Migdol’s scheme to make illegal donations to Benjamin’s campaign by contributing in the name of other people who didn’t authorize the donations, which Migdol was indicted for in November 2021.

Benjamin allegedly conspired as a state senator to funnel state funds to Migdol in exchange for his campaign contributions, according to the indictment, giving his organization in Harlem a $50,000 grant in 2019.

Migdol went on to make “numerous” contributions to Benjamin, the indictment alleges, “many of which were fraudulent”—which Benjamin was allegedly aware of—and took place before the $50,000 grant was actually disbursed to Migdol’s organization.

Benjamin also allegedly told Migdol he would help him get zoning approval for a construction project if he donated $15,000 to a political campaign committee, and then allegedly “engaged in a series of lies and deception” to cover up Migdol’s fraudulent donations and his knowledge of them.

The office of New York Gov. Kathy Hochul (D), who appointed Benjamin to replace her as lieutenant governor in September after she became governor upon the resignation of Andrew Cuomo, has not yet responded to a request for comment.

Chief Critic

Though he hasn’t commented yet on the charges against him beyond his not guilty plea, Benjamin’s office denied participation in Migdol’s scheme when reports emerged he was under investigation. “Neither Lieutenant Governor Benjamin nor his campaign are being accused of any wrongdoing and they are prepared to fully cooperate with authorities,” the lieutenant governor’s office said in a November statement after Migdol’s indictment. “As soon as the campaign discovered that these contributions were improperly sourced, they donated them to the Campaign Finance Board, pursuant to guidance obtained from the CFB.”

What To Watch For

Benjamin is set to appear on the ballot for reelection in New York’s June primary, and while it’s still unclear whether he’ll drop out of the race following his indictment, the Times notes he can only be removed from the ballot if he died, left New York or sought a different office. He faces two primary challengers who are bidding to run on the gubernatorial ticket with Hochul this fall.

Key Background

During the period when the alleged bribery and campaign finance violations occurred, Benjamin was a state senator representing parts of Upper Manhattan in New York City, and served as chair of the Budget and Revenue Committee and as the state Senate’s acting presiding officer and senior assistant majority leader. His arrest is the latest political scandal to hit New York’s leadership after Cuomo resigned in August amid a series of sexual misconduct allegations.

Further Reading

Lt. Gov. Benjamin Arrested in Campaign Finance Scheme (New York Times)

NY Lt. Gov. Brian Benjamin Arrested in Campaign Finance Fraud Case: Sources (NBC New York)

Lt. Gov. Benjamin Is Focus of Federal Inquiry Into Campaign Fraud (New York Times)

U.S. Charges Manhattan Developer in Campaign Finance Scheme (New York Times)