Photo via social media
Federal prosecutors announced on Friday, Jan. 17, that bribery and related charges brought against former Democratic New York Lt. Gov. Brian Benjamin in April 2022, as reported, have been dropped following a review of the case and in light of the death of a Bronx-born cooperating witness, who was also a co-defendant.
According to court filings by the U.S. Attorneys Office for the Southern District of New York, and as reported by law.com, on Friday, U.S. District Judge J. Paul Oetken approved dismissal of the federal charges against Benjamin, 48, also formerly a New York State senator for the 30th Senate District which covers much of Upper Manhattan, including Harlem.
According to federal court documents, Benjamin was charged in a 5-count indictment on April 11, 2022, for conspiracy to commit bribery and honest services wire fraud, bribery, honest services wire fraud, falsification of records, and aiding and abetting.
On Friday, based on a review of the evidence in the case and in light of the death on Feb. 9, 2024, of cooperating witness and co-defendant, Gerald Migdol, at age 73, the court heard that the government determined that it can no longer prove beyond a reasonable doubt the charges in the indictment. “In light of the foregoing, we recommend that an order of nolle prosequi [meaning “not wishing to prosecute,” in Latin] be filed as to defendant Brian Benjamin,” the motion from prosecutors read.
In Migdol’s obituary, he was described as “a community-minded businessman, attorney, philanthropist, and beloved family man” who was born in The Bronx on Feb. 10, 1950, and raised in Queens. Some media outlets described Migdol as a Harlem real estate mogul.
According to a 2021 990 tax form, Migdol was the president of Friends of Public Schools, Harlem, Inc, a nonprofit with an address at 223 West 138th Street in Harlem. According to the same filing, the organization’s primary tax-exempt purpose was “fundraising and providing resources to public schools and students in Harlem.” The organization’s book-keeping was listed as being handled by Migdol. Net assets for 2021 for the nonprofit amounted to $21,144.
According to a 2022 990 tax filing for another 501(c)(3) entity, an exempt private foundation, “The Migdol Family Foundation Inc, aka The Daniel Migdol Memorial Fund,” on which Migdol served as an officer/director or other, net assets amounted to $378,957. Corporate stock investments amounted to $308,164 at year-end, while disbursements for charitable purposes amounted to $17,525 at year-end.
During a press conference held on April 12, 2022, then-U.S. Attorney for the Southern District of New York Damian Williams outlined the case against Benjamin, saying in part, “This is a simple story of corruption. We allege that Benjamin struck a corrupt [inaudible / “bargain?”] with a real estate developer, referred to in the indictment as CC-1. Benjamin allegedly directed a $50,000 state grant to a nonprofit organization controlled by CC-1, and in exchange, Benjamin received tens of thousands of dollars of campaign contributions from CC-1.”
Williams continued, “Those contributions were directed both to Benjamin’s State Senate campaign committee and Benjamin’s New York City Comptroller campaign committee; tax payer money for campaign contributions, quid pro quo, this for that. That’s bribery, plain and simple. But that’s not all. We also allege that Benjamin repeatedly lied to cover up the bribery scheme, including by falsifying campaign forms and misleading city regulators, and we allege that Benjamin repeatedly lied on the very forms that he filled out before he was appointed lieutenant governor – that’s a cover-up.”
Image Screenshot courtesy of U.S. Attorneys for the Southern District of New York via YouTube
He added in part, “Now, public corruption erodes people’s confidence and faith in government, but the Southern District of New York will never give up on trying to root it out, because our obligation, our only obligation, is to uphold the rule of law.”
As reported, Benjamin received the endorsement of the Bronx County Democratic Party in February 2021 in his bid to win the seat for New York City comptroller, a race ultimately won by incumbent, Brad Lander, as reported. Representatives for the Party said at the time of Benjamin’s endorsement that the Party was committed to helping elect Democrats across the borough who “continue to fight for progress and for the residents of the community.”
The party’s representatives said the endorsement was based on Benjamin’s extensive experience handling investments, and his background in finance, a crucial skill, they said, for the job of city comptroller. Combined with his work as chair of the Budget and Revenue Committee in the state senate, they said Benjamin was the only candidate with the ability to handle investing the City’s money while protecting the pensions of retirees.
Benjamin, had repeatedly denied any wrongdoing in respect of the charges and entered a not guilty plea. His lawyers said in April 2022, “We are privileged to be representing Brian Benjamin, who has so honorably served the people of our great state. This case is an unprecedented attempt to criminally charge an outstanding state leader for routine fundraising and support of a non-profit providing needed resources to Harlem public schools.”
It continued, “In fact, we have decided to represent Brian because we are shocked and dismayed that the prosecution would bring such flimsy and unwarranted charges against a sitting lieutenant governor, a mere 67 days before voting begins in the primary election” [June 2022].
On Friday, reacting to the dropping of the charges, Benjamin said in part, “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.”
Meanwhile, an excerpt from Migdol’s obituary reads, “Gerald devoted countless hours to supporting Harlem’s public schools by providing educational resources and assisting Harlem Hospital with vital supplies.”
It continued, “One of Gerald’s most cherished endeavors was his commitment to ensuring that thousands of public school students in Harlem had access to essential school supplies, regardless of their financial circumstances. His generosity extended beyond formal philanthropy, as he readily offered assistance to friends, family, and strangers alike, embodying the true spirit of compassion and kindness.”
To read our previous coverage of Benjamin’s election campaign for city comptroller and his resignation in 2022, click here.
Feature Photo Caption THEN STATE SEN. Brian Benjamin (S.D. 30) presides over a New York State Senate session in the NY Senate Chamber of the Capitol Building in Albany on May, 27, 2020, where the senate passed a calendar of bills helping residents during the pandemic.
Photo Courtesy of NY Senate Media Services
admin
Welcome to the Norwood News, a bi-weekly community newspaper that primarily serves the northwest Bronx communities of Norwood, Bedford Park, Fordham and University Heights. Through our Breaking Bronx blog, we focus on news and information for those neighborhoods, but aim to cover as much Bronx-related news as possible. Founded in 1988 by Mosholu Preservation Corporation, a not-for-profit affiliate of Montefiore Medical Center, the Norwood News began as a monthly and grew to a bi-weekly in 1994. In September 2003 the paper expanded to cover University Heights and now covers all the neighborhoods of Community District 7. The Norwood News exists to foster communication among citizens and organizations and to be a tool for neighborhood development efforts. The Norwood News runs the Bronx Youth Journalism Heard, a journalism training program for Bronx high school students. As you navigate this website, please let us know if you discover any glitches or if you have any suggestions. We’d love to hear from you. You can send e-mails to norwoodnews@norwoodnews.org or call us anytime (718) 324-4998.
English
Arabic
Bengali
Chinese (Simplified)
French
Spanish