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.
“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 Brooklyn based real estate developer, pleaded guilty to bribery charges for donations he made to Benjamin in exchange for the state grant.
“Today’s vindication of Brian Benjamin is a timely reminder of the Reverend Martin Luther King Jr.’s famous words: ‘the arc of the moral universe is long, but it bends toward justice,’” Benjamin’s attorney’s, Barry Berke, Dani James and Darren LaVerne wrote in a statement Friday.
Benjamin, a former Democratic Brooklyn 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.
Benjamin stepped down shortly after surrendering to the charges in 2022.
