Federal prosecutors dropped corruption charges against former New York Lt. Gov. Brian Benjamin after a key witness, real estate developer Gerald Migdol, died before the bribery and wire fraud case could be brought to trial.
Prosecutors wrote in a court filing Friday that they could no longer prove beyond a reasonable doubt that Benjamin colluded to steer state funds to Migdol.
Prosecutors dropped charges into former Lt. Gov. Brian Benjamin after a key witness in their case died. Alec Tabak“Based on a review of the evidence in the case, and in light of the death of cooperating witness and co-defendant Gerald Migdol, the Government has determined that it can no longer prove, beyond a reasonable doubt, the charges in the Indictment,” the prosecutors wrote.
Prior to his death in February 2024, Migdol, a Manhattan-based real estate developer, pleaded guilty to bribery charges for donations he made to Benjamin in exchange for the state grant.
“I want to thank the present leadership of the Southern District of New York for reviewing this case and dismissing it in its entirety,” Benjamin said in a statement Friday night.
“As New York’s 78th Lieutenant Governor and as Harlem’s State Senator, I represented my district and this state with honor and integrity.”
Benjamin was Gov. Kathy Hochul’s first pick for lieutenant governor after she took over when Andrew Cuomo resigned in 2021. Hans PenninkBenjamin, a former Democratic Manhattan state Senator, was tapped by Gov. Kathy Hochul to be her lieutenant governor shortly after she took over following the resignation of Andrew Cuomo in 2021.
He stepped down shortly after surrendering to the charges in 2022.
