A federal appeals court on Friday reinstated bribery and fraud charges against former New York Lt. Gov. Brian Benjamin.
Benjamin, who was appointed lieutenant governor by Gov. Kathy Hochul after she took office in 2021, resigned in April 2022 after he was charged with felony corruption by federal prosecutors.
Benjamin, a former Democratic state senator, was accused by federal prosecutors while he was serving in the Legislature of sending state money to a Harlem-based real estate developer in exchange for campaign contributions to an unsuccessful bid for New York City comptroller.
The charges were then dismissed by a federal judge in Manhattan in December 2022.
“We conclude that the indictment sufficiently alleged an explicit quid pro quo. Therefore, we reverse the judgment of the district court and remand for further proceedings,” the U.S. Court of Appeals for the Second Circuit wrote in their reversal of that judge’s ruling on Friday.
The decision sends the case back to the federal judge but Benjamin may still appeal it.
"Today's decision relates to the legal standard that applies to the allegations in the Indictment against Mr. Benjamin since the Indictment was dismissed prior to any trial of those charges,” the former lieutenant governor’s representation told Spectrum News 1 in a statement. “Those allegations are false. The facts are clear that Mr. Benjamin did nothing other than engage in routine fundraising and support a non-profit providing needed resources to Harlem public schools. We remain confident that Mr. Benjamin will be vindicated in this case, which never should have been brought."