Lt. Gov. Brian Benjamin resigns hours after arrest on fraud, bribery charges

Lt. Gov. Brian Benjamin resigned Tuesday afternoon, just hours after he was arrested on charges of bribery, fraud and falsifying records in connection with an alleged scheme centered around illegal campaign donations, according to a federal indictment.

Federal prosecutors alleged Benjamin, while a state senator, tried to steer state grants and influence local zoning decisions to benefit a donor who funneled illegal donations. They also alleged Benjamin lied on an official questionnaire while the Hochul administration was vetting him for the lieutenant governor post last August.

Benjamin surrendered to federal officials with the U.S. Attorney’s Office for the Southern District of New York in Manhattan early Tuesday. He later was arraigned, pleaded not guilty and was released on a $250,000 bond.

About three hours after his court appearance, Gov. Kathy Hochul said her running mate had resigned.

"I have accepted Brian Benjamin's resignation effective immediately," Hochul said, capping a stunning day of developments. "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."

Hochul became governor just last August, following the resignation of Andrew M. Cuomo. One of her first acts was to name Benjamin as her No. 2 and running mate in a crowded gubernatorial field — though he wasn't her first choice, according to multiple sources then.

Given that, one of the more striking allegations made by prosecutors is that Benjamin "repeatedly lied" while the Hochul administration was vetting him.

“This is a simple story of corruption,” U.S. Attorney Damian Williams said at a news conference, outlining the charges. “Taxpayers’ money for campaign contributions. Quid pro quo. This for that. That’s bribery, plain and simple.”

Williams said Benjamin “repeatedly lied on the vetting forms he filled out before he was appointed lieutenant governor.”

“That’s corruption,” Williams said.

Last week, Hochul continued to say Benjamin was a valued member of his reelection ticket this fall. Even with his resignation, he could remain on the June primary ballot because it is long past the date for him to decline the Democratic designation. There is a pathway for removal but it requires some political machinations and the state's complicated ballot laws.

Her rivals in the election for governor pounced.

Rep. Lee Zeldin (R-Shirley) said she failed to "show leadership." Harry Wilson, another Republican, said voters must "clean house in Albany." Rep. Tom Suozzi (D-Glen Cove), who is running against Hochul in a Democratic primary, said the indictment exposed the governor's "lack of experience and poor judgment" in selecting Benjamin last fall.

Meanwhile, numerous state legislators — even fellow Democrats — were calling for Benjamin's resignation.

"As a private citizen, his fate will be determined by the courts, but as an elected official, he can no longer retain the confidence of his colleagues in government or the voters, and should resign," said Sen. Liz Krueger (D-Manhattan) after the arraignment.

According to the federal indictment, Benjamin is being charged with bribery, honest services fraud, wire fraud and falsification of records.

The bribery, wire fraud and honest services fraud charges all are linked to a scheme to illegally funnel donations to Benjamin's unsuccessful 2021 New York City comptroller campaign to circumvent contribution limits and pump up fundraising totals to increase matching funds available through the city’s public campaign financing laws. The donor, real estate developer Gerald Migdol, was indicted last fall.

The indictment said Benjamin, as a senator, illegally tried to steer a $50,000 state grant to a nonprofit organization associated with the donor, believed to be Migdol, who sent Benjamin's campaign donations falsely attributed to others.

Benjamin offered to help the donor obtain a "very difficult" zoning variance for a development project in Harlem, although the variance hasn't been granted to date, according to the indictment.

The two counts of falsifying records pertain to Benjamin allegedly falsifying campaign forms and for lying on the questionnaire he was required to fill out prior to his appointment as lieutenant governor.

Following the resignation, Benjamin’s lawyers issued a statement saying nothing was inappropriate about the $50,000 grant in question, which they said went for school supplies in Harlem.

“After today’s charges, Brian will resign his duties as lieutenant governor and suspend his campaign,” said James D. Gatta and William J. Harrington. “He will focus his energies on explaining in court why his actions were laudable — not criminal. He looks forward to when this case is finished so he can rededicate himself to public service."

Benjamin aides had acknowledged that he had been interviewed by federal officials months ago and that his campaign had been subpoenaed. The State Senate also had been subpoenaed for Benjamin’s records involving state grants, a source previously confirmed.

Benjamin said last week that he failed to tell Hochul about the subpoenas when she was vetting him last year to be her lieutenant governor. He said he participated in a State Police background check at the time and that was sufficient.

“The State Police did a thorough investigation, I participated in that,” Benjamin said at a news conference about the state budget last week. “The State Police gave a recommendation to the governor. That was process. And that’s typically the process for appointments. So I followed the process as it was supposed to be followed.”

At the same news conference, Hochul said she stood by Benjamin and cast the investigation as dealing with people other than him.

“I have utmost confidence in my lieutenant governor,” Hochul said. “This is an independent investigation related to other people and he is cooperating. He is my running mate.”