New York Lieutenant Governor Brian Benjamin Charged With Bribery And Related Offenses | USAO-SDNY

Damian Williams, the United States Lawyer for the Southern District of New York, Michael J. Driscoll, the Assistant Director-in-Demand of the New York Office of the Federal Bureau of Investigation (“FBI”), and Jocelyn E. Strauber, Commissioner of the New York City Division of Investigation (“DOI”), introduced these days that BRIAN BENJAMIN, the Lieutenant Governor of the Condition of New York, was billed with bribery and linked offenses.  In individual, BENJAMIN is charged with bribery, truthful expert services wire fraud, and conspiracy to dedicate these offenses, centered on BENJAMIN’s use of his formal authority while a New York state senator to immediate a point out-funded grant to an corporation managed by a real estate developer (“CC-1”) in exchange for campaign contributions created and procured by CC-1. BENJAMIN is also billed with two counts of falsifying data in relationship with the preparation of contribution kinds that falsely claimed specified contributions created by CC-1 as staying built by other individuals, and false statements BENJAMIN created in a questionnaire he submitted even though searching for to come to be Lieutenant Governor.  BENJAMIN surrendered to the FBI in Manhattan this early morning and was introduced before United States Magistrate Decide Ona T. Wang.  The scenario has been assigned to United States District Judge J. Paul Oetken. 

U.S. Lawyer Damian Williams explained:  “As alleged, Brian Benjamin applied his power as a New York point out senator to safe a point out-funded grant in trade for contributions to his own political strategies. By doing so, Benjamin abused his electrical power and successfully made use of condition resources to assist his political campaigns. My Office and our associates at the FBI and DOI will go on to assure that politicians who set by themselves over the general public desire will be prosecuted.”

FBI New York Assistant Director-in-Demand Michael J. Driscoll said:  “Exploiting one’s formal authority by allocating condition money as section of a bribe to procure donations to a political marketing campaign, and engaging in action to address up the bribe, is illegal. As we allege currently, Benjamin’s carry out in this plan immediately circumvents people processes place in location to hold our programs truthful.”

DOI Commissioner Jocelyn E. Strauber said:  “As billed, Lieutenant Governor Benjamin, when a New York Condition senator, utilized his formal place to get hold of donations to his political strategies.  He allegedly allocated community grant resources to a non-revenue managed by a co-conspirator in exchange for campaign contributions, and then lied to cover this unlawful scheme.  In so executing, he served his personal pursuits at the expenditure of his constituents, a betrayal of the general public trust and a violation of federal legislation.  DOI stands with our law enforcement companions in the United States Attorney’s Office environment for the Southern District of New York and the FBI in the fight to expose and avert corruption.”

According to the allegations in the Indictment[1] filed today in Manhattan federal court:

Overview

From at minimum in or about 2019, up to and which includes at least in or about 2021, BENJAMIN participated in a plan to attain marketing campaign contributions from CC-1 in exchange for BENJAMIN’s use of his formal authority and affect as a New York Condition senator to get hold of a $50,000 state-funded grant (the “Grant”) for a non-financial gain business managed by CC-1 (“Organization-1”). BENJAMIN and other folks performing on his behalf or at his path then engaged in a sequence of lies and deceptions to cover up his scheme, which include by falsifying campaign donor forms, misleading town regulators, and supplying wrong info on vetting sorts he finished when seeking to be the Lieutenant Governor of New York Condition.

The Bribery Scheme

In or about March 2019, BENJAMIN fulfilled with CC-1, instructed CC-1 that he was working for the place of work of New York Metropolis Comptroller, and questioned that CC-1 procure a quantity of smaller-dollar contributions from distinctive individuals for that campaign (the “Comptroller Campaign”). CC-1 explained to BENJAMIN that CC-1 did not have encounter bundling political contributions in that way that CC-1 concentrated CC-1’s fundraising endeavours on Business-1 and that CC-1’s capability to procure various contributions for BENJAMIN’s Comptroller Campaign was restricted, which include due to the fact possible donors from whom CC-1 was probably to solicit contributions were being the exact same donors from whom CC-1 had solicited and meant to further solicit contributions for Firm-1.  In reaction, BENJAMIN instructed CC-1, “Let me see what I can do.”

In or about February 2019, prior to the higher than-explained conference, BENJAMIN experienced formally asked for funding from the The vast majority Chief of the New York State Senate for specific businesses and entities in his district, which include an additional Harlem-centered educational firm (“Organization-2”). Group-1 was not on that list, even though BENJAMIN experienced been mindful of Group-1 and its educational work given that at the very least 2018.

On or about May possibly 30, 2019, the Senate The vast majority Leader and her team educated sure senators, including BENJAMIN, that they experienced been awarded extra discretionary funding that just about every could allocate to organizations in their districts for specified purposes. That extra funding provided, among other factors, up to $50,000 that BENJAMIN could allocate to college districts, libraries, or non-revenue organizations for educational functions. BENJAMIN then named CC-1, informed CC-1 he would be acquiring a $50,000 grant for Business-1, and directed that the $50,000 be allotted to Group-1. BENJAMIN chose not to allocate that funding to Firm-2, even with the simple fact that Firm-2 experienced not obtained the funding BENJAMIN asked for in the February 2019 letter.

On or about June 19, 2019, the New York Point out senate authorised a resolution that, amid other factors, allocated $50,000 to Business-1. The subsequent working day, BENJAMIN sent a text message to CC-1 with a screenshot of the resolution and said, among other issues, “I will phone to discuss!”

On or about July 8, 2019, BENJAMIN met with CC-1. CC-1 presented BENJAMIN with three checks totaling $25,000 created out to BENJAMIN’s New York State senate campaign (the “Senate Campaign”). Two of the checks ended up created in the names of family of CC-1 who did not share CC-1’s last name, and the third was composed in the name of a limited legal responsibility company that CC-1 managed (the “CC-1 LLC”). CC-1 produced the contributions in the names of two other people and the CC-1 LLC to conceal any link amongst CC-1 and the contributions. Simply because BENJAMIN experienced not still submitted a certification regarding his Comptroller Campaign with the New York Metropolis Campaign Finance Board (“CFB”), BENJAMIN could acknowledge campaign contributions only to his senate campaign. As a point out campaign, the senate marketing campaign was not suitable for public matching resources accessible in New York City municipal races. BENJAMIN also gave CC-1 contributor forms to total, and CC-1 finished them in BENJAMIN’s presence, signing the names of CC-1’s family members.  BENJAMIN reviewed and approved the kinds and contributions, even while he understood that the listed family had been not in fact funding the contributions.

Throughout the very same meeting, BENJAMIN reminded CC-1 of the State Grant for Corporation-1 and that BENJAMIN even now predicted CC-1 to procure many small contributions for his Comptroller Campaign. BENJAMIN afterwards reminded CC-1 of his anticipations all over again, such as by presenting CC-1 with a novelty look at representing the $50,000 at a fundraiser for Group-1 held just one particular 7 days prior to BENJAMIN grew to become qualified to get contributions for his Comptroller Campaign, and by contacting CC-1 soon thereafter to specify the varieties of contributions he essential.

Among October 2019 and January 2021, CC-1 received quite a few contributions for BENJAMIN’s Comptroller Campaign, quite a few of which were fraudulent (the “CC-1 Contributions”). BENJAMIN communicated with CC-1 about CC-1’s fundraising efforts in the course of that period of time. BENJAMIN also communicated with his staff and advisors about CC-1’s fundraising attempts, and precisely described sure contributions as possessing been procured by CC-1. And BENJAMIN individually satisfied with CC-1 on far more than a single situation to get some of the contributions CC-1 experienced purportedly gathered from many others.

Alleged Lies and Deception

Amongst 2019 up by means of and like the period of his application for and assistance as Lieutenant Governor of New York, BENJAMIN and some others performing at his direction or on his behalf, engaged in a series of lies and deceptions in order to conceal the bribery plan and BENJAMIN’s relationship to CC-1.

In or about November 2019, the New York Point out Board of Elections (“BOE”) notified BENJAMIN’s senate marketing campaign that it experienced unsuccessful to file sure sorts required to identify owners of particular restricted liability organizations (“LLCs”) that had created contributions to the Senate Campaign.  This bundled the LLC by way of which CC-1 experienced designed a $5,000 contribution throughout the July 8, 2019, conference. A member of BENJAMIN’s staff members despatched BENJAMIN an email listing LLCs demanding additional disclosures, precisely pinpointing the LLC employed by CC-1 as remaining connected with CC-1, and requested BENJAMIN for help getting ownership details these LLCs. BENJAMIN responded to that e-mail by asking, “What transpires if an individual refuses to present the information?” Ultimately, BENJAMIN’s senate campaign provided the BOE with ownership details about selected LLCs, but not the LLC applied by CC-1.

In or about February 2020, the CFB informed BENJAMIN’s Comptroller Campaign that selected of the CC-1 Contributions had been considered ineligible for matching money since, between other factors, they ended up funded by sequentially-numbered funds orders. In response, in or about July 2020, the Comptroller Marketing campaign submitted to the CFB forms indicating that sure of the CC-1 Contributions had been procured by a individual person (“Individual-1”), even even though BENJAMIN realized the contributions experienced been procured by CC-1.

On or about January 4, 2021, a information outlet posted an short article boosting thoughts about the legitimacy of sure contributions to BENJAMIN’s Comptroller Marketing campaign, together with particular of the CC-1 Contributions. The upcoming day, BENJAMIN’s Comptroller Campaign submitted a misleading letter to the CFB stating there experienced been no cause to query the legitimacy of the contributions purportedly procured by Specific-1 in light-weight of, amid other issues, Unique-1’s track record in the neighborhood. At the time the letter was submitted, nonetheless, BENJAMIN understood that the CC-1 Contributions experienced in simple fact been procured by CC-1, not Individual-1.

On or about August 17, 2021, when remaining deemed to be the subsequent Lieutenant Governor of the State of New York, BENJAMIN submitted responses to an executive appointment questionnaire that contained thoughts addressing, amid other points, BENJAMIN’s romance with political contributors. Regardless of BENJAMIN’s attempts to procure $50,000 for Business-1 and his solicitation of contributions from CC-1, BENJAMIN falsely stated, among the other points, that he had in no way “directly exercised [his] governmental authority (either as a Legislator or Executive official) relating to a issue of a donor [he] directly solicited.” And close to two several hours after publishing his responses to that questionnaire, BENJAMIN identified as CC-1 for the 1st time in 6 months.

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BENJAMIN, 45, of Harlem, New York, is billed with one particular depend of federal plan bribery, which carries a maximum sentence of 10 many years in jail a person depend of truthful companies wire fraud, which carries a highest sentence of 20 yrs in jail a single rely of conspiracy to dedicate these offenses, which carries a most sentence of 5 yrs in jail and two counts of falsification of records, each of which carries a greatest sentence of 20 yrs in jail.  

The utmost possible sentence in this circumstance is approved by Congress and is presented right here for informational purposes only, as any sentencing of the defendant will be identified by the choose.

Mr. Williams praised the outstanding investigative get the job done of the FBI and DOI, and thanked the CFB for their help in this investigation. 

This circumstance is staying taken care of by the Office’s Community Corruption Unit.  Assistant United States Lawyers Jarrod L. Schaeffer, Alison Moe, Tara La Morte, and David Abramowicz are in cost of the prosecution.

The rates contained in the Indictment are simply accusations, and the defendant is presumed harmless until and right up until verified guilty.