Lt. Gov. Brian Benjamin Arrested Over Bribery Accusations, Resigns

Update : Gov. Kathy Hochul announced Tuesday afternoon she accepted Lt. Gov. Brian Benjamin's resignation. Said Hochul, "While the legal process plays out, it is clear to both of us that he cannot continue to serve as Lieutenant Governor. New Yorkers deserve absolute confidence in their government, and I will continue working every day to deliver for them."

NEW YORK CITY — Lt. Gov. Brian Benjamin was arrested Tuesday in connection with an alleged bribery scheme tied to a Harlem real estate developer, threatening to upend New York politics just weeks before primary elections are held.

Benjamin appeared in court Tuesday to face the federal bribery conspiracy indictment. The 45-year-old was silent as he left the Lower Manhattan courthouse, according to reports from the scene.

An investigation by the FBI and U.S. Attorney for the Southern District of New York found evidence that Benjamin conspired to funnel state funds to a Harlem real estate investor in return for thousands of dollars in illegal campaign contributions, according to the indictment.

The campaign contributions were for Benjamin's failed 2021 bid to become New York City's comptroller. While the investor is not named in the indictment, all signs point to it being Gerald Migdol, who was indicted in November on fraud and identity theft charges connected to Benjamin's campaign.

According to prosecutors, Benjamin — then a state senator representing Harlem — met with the developer in March 2019 and asked him to secure small-dollar contributions from "different individuals" in order to help his campaign qualify for the city's matching funds program, which rewards candidates for securing donations from a wide range of people.

Those suspicious contributions were publicized in a 2021 report by THE CITY, which revealed that multiple people were listed as having donated to Benjamin despite insisting that they had never done so. Supposed contributors included Migdol's two-year-old grandson, THE CITY reported at the time.

In exchange, Benjamin used his power as a state senator to secure a $50,000 state grant for Migdol's nonprofit in 2019, according to federal prosecutors.

"I will call to discuss!" Benjamin texted Migdol the day after the Senate approved the allocation, along with a screenshot of the resolution text, according to prosecutors.

"As alleged, Brian Benjamin used his power as a New York state senator to secure a state-funded grant in exchange for contributions to his own political campaigns," said Damian Williams, U.S. Attorney for the Southern District of New York, in a statement.

"By doing so, Benjamin abused his power and effectively used state funds to support his political campaigns."

The indictment also alleges that Benjamin tried to cover up the donation scheme by falsifying campaign donation forms, misleading city regulators, and even lying on vetting forms that he submitted while he was being considered for lieutenant governor last year.

Gov. Kathy Hochul picked Benjamin as her lieutenant governor in August. It appears likely that he will remain on the June Democratic primary ballot — where he faces multiple challengers — even if he steps down, as the New York Times first reported.