Disgraced former Lt. Gov. Brian Benjamin was questioned by federal investigators shortly before Gov. Kathy Hochul declared she had the “utmost confidence” in her No. 2 — despite reports of him being under federal investigation, according to two sources with knowledge of the meeting.
Benjamin was missing in action in Albany last Wednesday because of the interview, which took place as lawmakers were hammering out the state budget and proposing changes to a law that allows judges to force people with serious mental illnesses to take medications or submit to psychiatric treatment, a source with knowledge told The Post.
“He was very active in the budget negotiations around criminal justice all throughout. But then no one could get a hold of him last Wednesday, when they were having trouble with Kendra’s Law,” said one source, referring to the legislation passed over 20 years ago.
“He was unavailable,” they added of Benjamin, who resigned Tuesday following his indictment.
The Albany insider told The Post that Benjamin said last week that he was not worried about the interview, and exuded confidence about the matter.
Former Lt. Gov. Brian Benjamin was reportedly absent from state budget negotiations while he was being interviewed by federal officials. Alec Tabak“He [Benjamin] was blindsided” by the indictment, said the source, who was also shocked by the now-former lieutenant governor’s arrest.
A law enforcement source told The Post Benjamin sat down with federal investigators at some point last week.
Benjamin appeared Thursday at the New York State Capitol alongside Hochul to announce an agreement on a state budget deal.
Gov. Kathy Hochul previously picked Brian Benjamin as her second in command to attract city voters. AP Photo/Richard Drew, FileDuring the press conference, Hochul said, “I have utmost confidence in my lieutenant governor.”
“This is an independent investigation related to other people and he’s fully cooperating,” the governor added the day after Benjamin spoke to federal investigators, making clear that “he is my running mate.”
“The process was, I dealt with the state police,” said Benjamin. “That was the process, and I spoke to them. I dealt with them, and they made a recommendation to the governor.”
A chart from the US Attorney for the Southern District of New York shows how then State Sen. Brian Benjamin funneled state funds. REUTERS/Dieu-Nalio CheryReps for Hochul did not respond to requests for comment. Campaign spokespeople and lawyers for Benjamin also did not provide a response.
During an appearance on WNYC on Wednesday, Hochul insisted she was told that “everything was clean” regarding Benjamin while conceding the vetting process used ahead of picking him is in need of an upgrade.
“Well, he filled out the background check forms and asked whether or not there had been investigations, you know. We had been told that everything that had risen up had been addressed,” she told host Brian Lehrer. “Everything was clean, and that’s what we are told in the process, but I made the best decision I could with the information I had at that time.”
Former Lt. Gov. Benjamin is flooded by media outlets after being charged with bribery and fraud at Daniel Patrick Moynihan US Courthouse on April 12, 2022. REUTERS/Dieu-Nalio Chery“But clearly, we need to have a different process, a more strengthened, streamlined process that can get us to more detail than we had at the time,” the governor added. “So I … obviously [was] not aware that there had been investigations from federal authorities or even the district attorney’s office at that time. Clearly, there would have been a different outcome had we been aware of that.”
Hochul added that Benjamin’s indictment and resignation was “disappointing.”
“It was very unfortunate, very disappointing for me personally, how this played out, but you know, we live to see another day,” she said. “My only focus right now is doing what’s best for New Yorkers, and again, restoring faith in them after this setback, but we’ll get through it. I’m very confident of that.”
Gov. Kathy Hochul claimed Brian Benjamin was “fully cooperating” with investigators. KENA BETANCUR/AFP via Getty ImagesBenjamin — a former state senator who represented parts of Harlem — stepped down after he surrendered to federal authorities to face bribery conspiracy charges tied to an alleged campaign finance scam.
Benjamin is accused of funneling fake campaign contributions to his unsuccessful city comptroller campaign to bring in money from the city Campaign Finance Board’s generous matching funds program.
The US Attorney for the Southern District of New York, Damian Williams, labeled Benjamin’s actions “a simple story of corruption” and bribery, “plain and simple.”
SDNY Attorney Damian Williams accused then State Sen. Brian Benjamin of reaping “thousands of dollars of campaign contributions.” Alec Tabak“We allege that Benjamin struck a corrupt bargain with a real estate developer,” Williams said during a press conference. “Benjamin allegedly directed a $50,000 state grant to a nonprofit organization controlled by [the developer] and, in exchange, Benjamin received tens of thousands of dollars of campaign contributions.
“Those contributions were directed both to Benjamin’s state Senate campaign committee, and to Benjamin’s New York City comptroller campaign,” Williams explained. “Taxpayer money for campaign contributions – quid pro quo, this for that — that’s bribery, plain and simple.”
Hochul announced hours later that Benjamin would step down.
Former Lt. Gov. Brian Benjamin could most likely stay on the ballot for Democratic primaries in June. REUTERS/Mike Segar/File“I have accepted Brian Benjamin’s resignation effective immediately,” the governor said in a statement. “While the legal process plays out, it is clear to both of us that he cannot continue to serve as Lieutenant Governor.”
Benjamin’s attorneys claimed that prosecutors had misunderstood Benjamin’s “laudable” actions with the indictment.
“There has never been a federal case like this in America,” they said in a statement issued after he was released on bail. “Brian supported a $50,000 grant to Friends of Public School Harlem. Every dollar was to buy supplies for public school students in Harlem.”
Then State Sen. Brian Benjamin holds a $50,000 check during a fundraising event at Saint Andrews Country Club on Sept. 13, 2019. Facebook/Jerry Migdol“There was nothing inappropriate about this grant,” the statement continued. “After today’s charges, Brian will resign his duties as Lieutenant Governor and suspend his campaign. He will focus his energies on explaining in court why his actions were laudable—not criminal.”
His indictment and subsequent resignation comes after Benjamin admitted to The Post last month that he was interviewed earlier this year about wire fraud charges filed in November against Harlem landlord and lawyer Gerald Migdol.
Migdol is accused of making illegal “straw” donations to Benjamin’s campaign.
At the time, Benjamin claimed that neither he nor Hochul were under investigation.
Hochul’s decision to name Benjamin as her running mate despite his ethics issues could cost her dearly as she seeks her first full term in office via the June Democratic primary and November generation election, experts told The Post.
When Hochul tapped Benjamin, the then-state Senator’s ethical lapses were already public due to stories from non-profit news outlet The City, which revealed a pattern of fraudulent donations to his failed comptroller campaign.
Even though Benjamin has resigned, he can not easily be removed from the ballot ahead of the June 28 Democratic primary.
“The only way to get off the ballot is death, disqualification or moving out of state,” state Board of Elections spokesman John Conklin told The Post Tuesday.
“He was nominated or designated coming out of the state convention in February and that period [to decline to appear on the ballot] has passed.”
The terms of Benjamin’s bail dictate that he remain in New York’s southern district and eastern districts as well as northern Georgia and eastern Virginia.
A spokesperson for the US Attorney’s Office for the Southern District of New York declined to comment.






