Benjamin, Brian A (1976- )

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    Brian Benjamin’s Corruption Case Is Revived by Appeals Court

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    Prosecutors have said Brian Benjamin, the former lieutenant governor of New York, planned to funnel $50,000 in state money to a developer in exchange for campaign donations.A federal appeals court on Friday revived corruption charges against former Lt. Gov. Brian A. Benjamin of New York, saying prosecutors had sufficiently demonstrated a plan to funnel $50,000 in state money to a now-deceased developer in exchange for campaign contributions.The appeals court’s decision reversed a ruling in December 2022 by Judge J. Paul Oetken of Federal District Court in Manhattan that threw out the bribery charges. The decision sent the case back to Judge Oetken for further proceedings, although Mr. Benjamin may appeal.The prosecution, which began nearly two years ago, is now proceeding under further shadow of uncertainty. The developer, Gerald Migdol, who was likely to be prosecutors’ primary witness, died in February. The appellate ruling also comes in the wake of the U.S. Supreme Court’s decision in 2023 that narrowed the kinds of corruption cases that federal prosecutors may bring.But on Friday, a unanimous three-judge panel of the U.S. Court of Appeals for the Second Circuit said that in Mr. Benjamin’s case, the indictment “sufficiently alleged an explicit quid pro quo.”A lawyer for Mr. Benjamin did not immediately respond to a request for comment.The charges against Mr. Benjamin grew out of his actions in 2019, while he was a Democratic state senator representing Harlem.Federal prosecutors charged that Mr. Benjamin used his office to obtain a $50,000 state grant for a nonprofit run by Mr. Migdol, a real estate developer and homeless shelter operator, in exchange for Mr. Migdol arranging thousands of dollars in illegal campaign contributions for Mr. Benjamin.Mr. Migdol, who eventually pleaded guilty to related charges, cooperated with the government in its case against Mr. Benjamin before his death. Mr. Benjamin was also charged with falsifying campaign donation forms in connection with the scheme and providing false information during a background check in August 2021, after he was chosen by Gov. Kathy Hochul to be the state’s lieutenant governor. Mr. Benjamin still faces trial on those two counts, which Judge Oetken allowed to stand.This is a developing story and will be updated. More

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      Did Fake Donors Give Eric Adams Real Money? The F.B.I. Wants to Know.

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      A search at the home of Mayor Eric Adams’s fund-raising chief sought information about a so-called straw donor scheme.It is a type of scheme that took down New York’s lieutenant governor last year, and sank the 2013 mayoral campaign of a top Democratic contender: the use of so-called straw donors to funnel illegal contributions to candidates from secret sources.Now, for the second time, the campaign of Mayor Eric Adams is being scrutinized for the same thing.On Thursday, the F.B.I. searched the home of Brianna Suggs, Mr. Adams’s chief fund-raiser, as part of an investigation into whether his campaign had received illegal foreign campaign contributions from the Turkish government and Turkish nationals, disguised as coming from U.S. donors who had not actually given their own money, according to a search warrant.And in July, six men were indicted in Manhattan in connection with a similar scheme, accused of funneling thousands to Mr. Adams’s campaign. Two brothers have pleaded guilty to a misdemeanor conspiracy charge in the case, and the news outlet The City and other organizations have found additional inconsistencies in donations to the mayor’s campaign.Neither Mr. Adams nor Ms. Suggs have been accused of wrongdoing, and Mr. Adams has denied any knowledge of illegal contributions. But both investigations appear to be focused on whether donors who were eager to get Mr. Adams’s attention sought to mask large donations by funneling them through straw donors — and on who might have coordinated that effort.The inquiries also raise questions about whether Mr. Adams’s campaign was properly vetting its donations to root out abuse. Andrew Yang’s rival 2021 mayoral campaign had two staff members vet donations over $100, according to a person who was familiar with the matter.A lawyer for Mr. Adams’s 2021 campaign, Vito Pitta, said in an email that the campaign had worked to flag and investigate any questionable contributions rigorously. Mr. Pitta said the campaign had received over 10,000 donations, and had worked to match handwriting and signatures, review donors’ affirmation forms and more.In New York City, small donations are particularly appealing. A generous matching program provides $8 in public funds for every $1 donated. That turns the maximum matched donation of $250 into $2,250, a potential enticement for anyone seeking to multiply their money.“That’s probably the dumbest way to try to funnel money into trying to influence a candidate,” said John Kaehny, the executive director of the government watchdog group Reinvent Albany. “They’re all looked at by the Campaign Finance Board, which has the most extensive vetting and audit process in the United States. I think it’s actually a sign of amateurism.”The city’s Campaign Finance Board examines donations closely and has pored over those to Mr. Adams’s first mayoral campaign.Mr. Adams, a moderate Democrat and former police captain, has been involved in politics for decades, and his fund-raising tactics have repeatedly pushed the boundaries of campaign-finance and ethics laws.As a state senator, he became embroiled in a scandal after a committee he led helped choose a provider of video-lottery machines at Aqueduct Racetrack.And according to an indictment in the Manhattan case, a retired police inspector who worked and socialized with Mr. Adams told one prospective donor that Mr. Adams “doesn’t want to do anything if he doesn’t get 25 Gs” — a reference to the $25,000 minimum he expected for attending a campaign fund-raising event.The early-morning search at Ms. Suggs’s Brooklyn home came as part of a broad public corruption investigation. Ms. Suggs, 25, is in the mayor’s inner circle and close with Ingrid Lewis-Martin, Mr. Adams’s longtime top aide and confidante, who has taken an active role in his campaigns and those of others.The warrant suggested that foreign nationals had made campaign contributions through a straw donor scheme.The warrant authorized agents to seize evidence related to payments or reimbursements made to employees of KSK Construction Group in Brooklyn, “or other persons serving as conduits for campaign contributions to the Adams Campaign originating from Turkish nationals.”City campaign finance records reflect contributions to Mr. Adams’s first mayoral campaign from 11 KSK employees, all on May 7, 2021, totaling nearly $14,000. Nine of the 11 were in the identical amount of $1,250; most were eligible to earn matching funds for the campaign, the records show.Ten years ago, John Liu, the city comptroller at the time, was a top contender for mayor when an investigation into his campaign uncovered a scheme to funnel money through straw donors.Two of his former associates were convicted in the scheme in 2013, including Jia Hou, a former Liu campaign treasurer who was in her 20s. Mr. Liu, who is now a state senator representing a Queens district, was not charged, but his mayoral campaign never recovered and he finished fourth in the Democratic primary.Last year, Brian Benjamin, New York’s lieutenant governor at the time, resigned after he was indicted in what federal prosecutors described as a brazen scheme that appeared to involve straw donors. Mr. Benjamin was accused of accepting thousands of dollars in illegal donations from developer for his 2020 State Senate campaign and his unsuccessful 2021 bid for New York City comptroller, the indictment said. (A federal judge later dismissed bribery charges against Mr. Benjamin, but let two counts of falsifying records related to straw donations stand.)Chris Coffey, a Democratic political strategist and Mr. Yang’s campaign manager, said donors did not always understand that it was illegal to contribute money in someone else’s name.“Donors are often oblivious to campaign finance,” he said. “They think it’s like donating to a charity where you can be reimbursed. It’s added pressure for every campaign to make sure folks know the rules.”Whether Mr. Adams knew any details about potential straw donors to his campaign, he has given the appearance that he is open to being influenced, Mr. Kaehny of Reinvent Albany said.“There’s a big concern that the city is for sale and that New York has gone back to the bad old days where pay to play and bribery were just a part of political life,” he said. More

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      Hochul Chooses a Congressman Who Has Won in a Swing District

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      Antonio Delgado will replace Brian Benjamin as the governor’s running mate in the upcoming Democratic primary.Good morning. It’s Wednesday. We’ll meet the man Gov. Kathy Hochul has chosen to be the new lieutenant governor. We’ll also check on how a federal rule about light bulbs will make New York look a little different.Monica Jorge for The New York Times“Upstate, downstate, doesn’t matter,” said Representative Antonio Delgado, above, who grew up in Schenectady, N.Y., and now lives in Rhinebeck, N.Y. — places many people in the five boroughs would consider upstate. “We all want the same things: security, family and opportunity.”The immediate opportunity for him is a new job, as lieutenant governor. It means leaving Congress, a prospect that compounded the anxiety for Democrats already worried about losing control of the House after the midterm elections this fall. He was facing a difficult fight for re-election in a district that was likely to be more competitive than the one on the Democratic-drawn map struck down by the state’s highest court last week.My colleagues Luis Ferré-Sadurní and Nicholas Fandos write that Delgado, 45, has shown that he can win contested elections, raise large sums of money and appeal to a broad range of voters. On Tuesday a special state committee moved to add his name to the primary ballot as the favored Democratic candidate in the June primary, replacing former Lt. Gov. Brian Benjamin, who resigned last month after federal prosecutors in Manhattan unsealed bribery charges.Hochul chose Benjamin, a Black former state senator from Harlem, last summer when she ascended to the governor’s office following former Gov. Andrew Cuomo’s resignation. A Buffalo native, she had been the lieutenant governor for slightly more than six and a half years. Like Delgado, she had served in Congress.Before settling on Delgado, Hochul and her team also considered Eric Gonzalez, the Brooklyn district attorney, and Vincent Alvarez, the president of the New York City Central Labor Council, as well as other Latino candidates, according to two people familiar with the process.Delgado, a former corporate lawyer who is Black, said on Tuesday that he said he was well positioned to represent the city along with the rest of the state. And as a prospective running mate, he offered Hochul considerable political attributes, including twice winning one of the most competitive swing districts in the country and fending off Republican opponents who branded him a “big-city rapper.”He also proved to be a prolific fund-raiser. He has nearly $6 million in his House campaign account, money he can spend on a lieutenant governor’s campaign.In Congress, Delgado has largely avoided the partisan fights that dominate cable news; he rarely speaks with reporters. In the primary for lieutenant governor, he will face two opponents, both Latina women: Diana Reyna, a former member of the New York City Council, and Ana María Archila, a progressive activist. His centrist credentials, paired with institutional party support, could allow him to push Reyna out of the moderate lane she was looking to occupy.WeatherPrepare for showers and a possible thunderstorms early in the day, with temps in the mid-60s. At night, there’s a chance of showers with temps in the mid-50s.alternate-side parkingSuspended today (Eid al-Fitr).State lawmakers promise to protect access to abortionReacting to the leaked draft of a Supreme Court opinion overturning Roe v. Wade, Democratic leaders in Albany said they were working to make New York a safe haven for women seeking reproductive care.The State Senate majority leader, Andrea Stewart-Cousins, said that it was “an outrage that the Supreme Court is poised to reverse the rights of women in this country” and that she expected to pass legislation to reaffirm abortion rights before the end of the session.If the court overturns the 49-year-old decision, New York and other states with strong support for abortion rights could see a rush of people from states that have banned abortions. State Senator Liz Krueger of Manhattan has introduced a bill to protect New York doctors who treat those patients by prohibiting law enforcement from cooperating with out-of-state investigations of abortion cases.The latest New York newsDr. David Sabatini, a biologist facing accusations of sexual harassment, is no longer in the running for a faculty position at N.Y.U. News of his potential hiring had sparked a protest.National Democrats made an 11th-hour appeal to a federal court to intervene in New York’s heated redistricting dispute.New York’s Law Department fired the city lawyer who handled lawsuits from George Floyd protesters after discovering she had made a misrepresentation in court filings.A sommelier charged last year with arson will be required to pay thousands of dollars to two restaurants whose outdoor dining structures he set on fire.For the second time in less than a week, New York City canceled plans for a shelter in Chinatown after protests from the community.A teacher in Rochester was placed on leave and is being investigated after parents said he told students to pick cotton during a lesson on slavery.The look of lightAlex Wroblewski for The New York TimesLights always shine brightly in New York, and a lot of them are old-fashioned incandescent lights — the roundish bulbs with filaments in the middle that Thomas Edison would recognize.Some New Yorkers don’t want to give them up.“The government is trying to get us not to sell them,” said David Brooks, the owner of Just Bulbs, a store on the East Side of Manhattan that carries — well, you figure it out. “There’s really no good reason why you shouldn’t want to switch to LED, but a lot of customers are dinosaurs.”Selling incandescent bulbs, which are less energy efficient than LEDs, is just “giving them what they’re asking for,” Brooks said, adding that he had “scrounged the corners of the earth to find the old bulbs people want.”His scrounging may become more difficult before long. Last week the Biden administration adopted energy-efficiency standards that would phase out most incandescent bulbs — the familiar household ones, anyway — next year. There are exceptions for many of the so-called specialty bulbs that Brooks keeps in stock.LEDs already illuminate much of New York, just as they illuminate much of the country. The Department of Citywide Administrative Services does not use incandescent bulbs in the 55 city-owned buildings — City Hall among them. The Metropolitan Transportation Authority is converting fluorescent bulbs on station platforms to LEDs. It is also preparing to “transition” light banks for track workers in tunnels to LEDs, a spokesman said.The move away from incandescents has been going on for years — a decade ago, The New York Times said decorators were “laying in light bulbs like canned goods,” buying large quantities because they were not happy with the light from LEDs.What to Know About Lt. Gov. Brian BenjaminCard 1 of 5Who is Brian Benjamin? More

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      Brian Benjamin Won’t Be on the New York Ballot After All

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      Lawmakers have passed legislation that would allow individuals who have been arrested or indicted to be removed from state ballots.ALBANY, N.Y. — Brian A. Benjamin, the former New York lieutenant governor who resigned after being indicted on federal bribery charges, will no longer appear on the state Democratic primary ballot after legislation passed on Monday made it possible to remove him.The measure is widely regarded as an accommodation to Gov. Kathy Hochul, who had publicly appealed to Democratic leaders of the Assembly and Senate to change the law, after other efforts to remove Mr. Benjamin from the ballot had stalled.The bill passed by the Senate and Assembly will allow candidates who have been arrested or charged with a misdemeanor or felony after being nominated to be removed from the ballot if they do not intend to serve. Ms. Hochul is expected to sign the bill into law shortly.Mr. Benjamin released a statement on Twitter Monday, saying that he would sign the necessary paperwork to remove his name from the ballot. “I am innocent of these unsubstantiated charges. However, I would be unable to serve under these circumstances,” he said.Under the old law, candidates who had formally accepted a party’s nomination could not be taken off the ballot unless they died, moved out of state or were nominated to another office. People who have been convicted of felonies are eligible to run for and hold public office under New York law, though a politician convicted of a felony while in office will be removed, according to the state Board of Elections.If Ms. Hochul, a Democrat, had been unsuccessful in changing the law, she would probably have faced the awkward scenario of running in November with a running mate who had been the designated No. 2 of one of her Democratic primary opponents.Democrats to Ms. Hochul’s left and Republican foes characterized the move as an abuse of power, saying that Ms. Hochul should not have been allowed to change the rules midstream because it suited her.“The rules of democracy really matter,” said Ana Maria Archila, an activist who is running to be lieutenant governor. “And how you do democracy, how you participate in it is actually the way that you demonstrate your commitment to it.”“Anyone else find it frightening that the Governor — the most powerful person in NY — is changing the rules of the election they are running in mid-game to help them look better in said election?” Robert G. Ortt, the State Senate minority leader, wrote on Twitter.Leaders in Albany had also initially expressed skepticism, with the Senate majority leader, Andrea Stewart-Cousins, saying she “really, really, really” did not like the idea of changing election laws while a campaign was already in progress. Some of her Democratic colleagues in the party’s progressive wing chafed at the idea of offering Ms. Hochul political favors after bruising budget negotiations.But the lawmakers softened over the weekend, with many embracing the idea that it did not serve voters’ interest to keep someone like Mr. Benjamin, who has no intention of serving, on the ballot.“There’s always that extreme example that leads us to the change. That’s all this is,” said Assemblywoman Amy Paulin of Westchester, a bill sponsor. “This is so that voters are voting for someone who intends to serve. This isn’t about politics.”Political observers noted, however, that the optics of sharing a ticket with someone who is under federal indictment were obviously less than ideal for Ms. Hochul. Mr. Benjamin has pleaded not guilty.The governor, who is seeking her first full term, enjoyed broad popularity when she ascended to the state’s highest office after her predecessor, Andrew M. Cuomo, resigned amid allegations of sexual harassment. Mr. Cuomo has denied wrongdoing.Ms. Hochul quickly set to work building a campaign that would raise more than $20 million in record time, making her the prohibitive favorite for the Democratic nomination.What to Know About Lt. Gov. Brian BenjaminCard 1 of 5Who is Brian Benjamin? More

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      Brian Benjamin’s Bribery Defense: He Got ‘No Personal Benefits’

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      The case against Brian Benjamin, who resigned as New York’s second-in-command last week, may hinge on whether political contributions in this case constituted a bribe.A federal prosecutor said on Monday that the government had issued more than 160 subpoenas for financial, phone and other records as part of its investigation into New York’s former lieutenant governor, Brian A. Benjamin, who resigned last week after being charged with bribery and fraud.At a hearing in Federal District Court in Manhattan, the prosecutor, Jarrod L. Schaeffer, suggested a trove of potential evidence of broad scope and complexity.On Monday morning alone, Mr. Schaeffer said, the government turned over about 160,000 pages of materials to Mr. Benjamin’s lawyers. The government had also executed about seven search warrants for email accounts and seized and searched cellphones, including one belonging to Mr. Benjamin, he said.The hearing was the first court appearance for Mr. Benjamin, 45, since his arrest a week ago in what the authorities have depicted as a brazen scheme to funnel illegal contributions to his previous political campaigns and to cover up the criminal activity.The arrest and Mr. Benjamin’s quick resignation sent tremors through Albany and created a political headache for Gov. Kathy Hochul, a fellow Democrat who handpicked him to be her second-in-command less than a year ago. Though no trial date was set on Monday, it now appears Mr. Benjamin’s legal saga could easily stretch beyond June’s Democratic primary and this fall’s general election.In a statement before Monday’s proceeding, lawyers for Mr. Benjamin said they were “shocked and dismayed that the prosecution would bring such flimsy and unwarranted charges against a sitting lieutenant governor, a mere 67 days before voting begins in the primary election.”Nicholas Biase, a spokesman for the U.S. attorney’s office, declined to comment.In the courtroom, Mr. Benjamin’s lawyer, Barry H. Berke, signaled that he would argue that the government had overreached in a case that offers “lively legal issues.”Most recent political corruption cases, Mr. Berke told the judge, involved a government official receiving personal benefits like watches, cash and no-show jobs in exchange for an official action.“This case is different, because it’s based solely on political contributions — and no personal benefits,” Mr. Berke said.Mr. Benjamin, who has pleaded not guilty, has reshuffled his legal team since his arrest, bringing in Mr. Berke and Dani R. James of Kramer Levin as his new lawyers. Mr. Berke represented Bill de Blasio in several inquiries into the former mayor’s fund-raising practices and later served as a lead counsel for both impeachments of former President Donald J. Trump.Prosecutors have said that Mr. Benjamin used his power, while he was a member of the State Senate, to direct $50,000 in state funds to a charity run by a Harlem real estate developer, Gerald Migdol. In return, Mr. Migdol orchestrated thousands of dollars in illegal campaign contributions to Mr. Benjamin’s failed campaign in 2021 for New York City comptroller and his State Senate campaign, the authorities said.What to Know About Lt. Gov. Brian BenjaminCard 1 of 3Who is Brian Benjamin? More

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      A Subway Attack That Shook New York City

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      The gunman who injured 23 in Sunset Park, Brooklyn, escaped, but the police identified a person of interest.Good morning. It’s Wednesday. Two stories will dominate the conversation today: the attack in the subway that left at least 23 people injured, 10 from gunfire, and the resignation of Lt. Gov. Brian Benjamin, hours after he was arrested on corruption charges.Dave Sanders for The New York TimesA man dressed in a neon-orange vest and a green construction helmet strapped on a gas mask, released two smoke grenades and began firing a gun he was carrying.It was the beginning of an attack that rattled the city — a mass shooting that turned the subway into another edgy symbol of a city worn thin by violence.Videos from the subway car where the smoke bomb went off and the shots rang out showed commuters running and just trying to breathe as they pulled their sleeves and their collars across their faces. My colleague Sarah Maslin Nir writes that there were a few panicked screams before the train pulled into the next stop, the doors opened and riders who could escape poured out, gasping in the smoke.“There’s been a shooting,” a woman said as she fled. Behind her a man limped out of the smoky subway car. Other passengers collapsed once they made it out, while in the car, wounded passengers lay on the blue seats or on the floor.The gunman — who had been on the train for eight stops, according to the police — apparently escaped in the maelstrom on the platform. At least one surveillance camera that could have captured the gunman was not working, Mayor Eric Adams said. The camera malfunction appeared to hamper the search as the police fanned out through Sunset Park. Police officials said they were looking for a “person of interest,” Frank R. James, a 62-year-old man who had rented a U-Haul van they found several miles from the station where the attack occurred. They said the van had been rented in Philadelphia.In the station, they said, they had found a nine-millimeter semiautomatic handgun, a hatchet and a bag with fireworks. Keechant Sewell, the police commissioner, added that there were online “postings possibly connected to the man where he mentions homelessness, he mentions New York and he does mention Mayor Adams.” As a result, she said, the mayor’s security detail was being tightened “in an abundance of caution”Adams, confined to Gracie Mansion after testing positive for the coronavirus this week, said in radio and television interviews that the police presence in the subways would be doubled and that officers assigned to day shifts would work into the evening. He said on NY1 that the shooting “really elevates the conversation” about the “crisis that is playing across our country” involving the proliferation of guns.It was not the first time in his 100-plus days in office that Adams had ordered more police attention on the subways. He announced plans in January to order hundreds of street-level patrol officers to inspect subway stations regularly and to redeploy officers from desk jobs onto the trains. Adams also announced plans to stop homeless people from sheltering on trains and platforms a few weeks after a woman was pushed to her death in front of a train.But crime has continued to increase. For January and February, felony assaults were up 10 percent over the same period last year, and for many passengers, safety is a paramount concern. In a recent survey by the Metropolitan Transportation Authority, the agency that runs the transit system, fear of crime and harassment were the top factors cited by people who said they no longer take the subway.On Tuesday, Marjorie Michele, a nursing technician from Ocean Hill, Brooklyn, took an Uber home from work. She said the subways were still snarled from the attack, but riding above ground also felt safer.“It could have been me,” she said. “It could have been any of my children.”WeatherIt’s a mostly cloudy day in the high 60s. Expect a slight chance of showers late at night when temps drop to the high 50s.alternate-side parkingIn effect today. Suspended tomorrow (Holy Thursday).The latest New York newsThe killing of a 12-year-old boy in East Flatbush reflected how a spike in shootings during the pandemic is complicating recovery in less affluent neighborhoods.A former lawyer and his husband filed a complaint against the city, saying they were denied insurance coverage because of a definition of infertility that excludes gay men.The “Fearless Girl” sculpture will continue to stand outside the New York Stock Exchange after city officials voted to extend the sculpture’s temporary permit.A lieutenant governor is indicted and resignsJefferson Siegel for The New York TimesOn his 216th day as the second-most powerful state official in New York, Lt. Gov. Brian Benjamin resigned, hours after federal prosecutors unsealed an indictment accusing him of directing a corruption scheme. The charges included trading state funds for illegal donations to his past campaigns for the State Senate and New York City comptroller.The five-count indictment accused him of bribery, fraud and conspiracy in directing $50,000 in state funds to a nonprofit group controlled by a real estate developer, Gerald Migdol. In return, Migdol arranged for illegal contributions to go to Benjamin’s failed campaign for city comptroller last year. Benjamin was also accused of offering to help Migdol win a zoning variance if he gave $15,000 to a separate fund for State Senate Democrats.“This is a simple story of corruption,” Damian Williams, the U.S. attorney for the Southern District of New York, said at a news conference before Benjamin’s resignation was announced. “Taxpayer money for campaign contributions. A quid pro quo. This for that. That’s bribery, plain and simple.”Benjamin pleaded not guilty in Federal District Court in Lower Manhattan before his resignation and was released on $250,000 bond.The fallout for the governorThe case complicated this year’s campaign for Hochul. After Andrew Cuomo resigned in disgrace last summer, one of her first major decisions was to appoint Benjamin.Now that decision has become a potentially consequential liability as she runs for a four-year term. My colleague Luis Ferré-Sadurní writes that Democratic and Republican rivals are already sharpening their attacks.She can select a new lieutenant governor in the coming weeks, but it will be difficult to replace Benjamin on the Democratic primary ballot in June. Because he was designated as the Democratic Party’s nominee for lieutenant governor, election rules stipulate that his name could be removed at this point only if he were to move out of the state, die or run for another office.Benjamin left court without commenting on the case. He and his lawyers met with prosecutors last week, according to someone familiar with the matter, and Benjamin’s top aides were privately reassuring their allies that he expected to be cleared of wrongdoing.A charity gets $50,000 it did not ask forThe indictment said Benjamin had approached Migdol in March 2019, months before he announced his candidacy for comptroller, and that Migdol demurred, saying he needed to solicit the same potential donors for his charity, Friends of Public School Harlem.“Let me see what I can do,” Benjamin replied, according to the indictment. Then he arranged a $50,000 education grant for the charity that Migdol had not sought.Later, in a meeting in Benjamin’s office, Migdol handed over $25,000 in checks made out to Benjamin’s Senate campaign account. The prosecutors said he attempted to conceal his involvement by giving Benjamin checks drawn on the accounts of relatives or an L.L.C. he controlled. The indictment said Benjamin watched as Migdol, filling out campaign forms, signed the relatives’ names.The indictment also accused Benjamin of attempting a cover-up by falsifying campaign donation forms, misleading city authorities and giving incorrect information in a background check before he became lieutenant governor.What we’re readingLast month, our reporter Karen Zraick received a tip about elevator breakdowns at a high-rise residential building. It proved to be more than just griping.Curbed reported on four key landmarks in Little Ukraine in the East Village and how they reflect the community’s history.METROPOLITAN diaryLong tent dressDear Diary:A friend and I were on the subway to Brooklyn. We were standing and chatting, holding on to the pole at the end of the car.I was wearing a long tent dress from Marimekko. Since I am 6 feet tall, the dress presented as a large swath of fabric as I leaned on the pole.A seat next to us was empty, and construction worker in hard hat and work boots asked whether we would mind if he sat down. He said he had been injured at work that day.Of course, my friend and I said. We continued to chat as the train crossed the river. It was clear that the construction worker was eavesdropping on us.At a break in our conversation, he spoke.“Excuse me,” he said, “I hope you don’t mind me saying this, but that dress would look a lot better with a belt.”— Celia RodriguesIllustrated by Agnes Lee. Send submissions here and read more Metropolitan Diary here.Glad we could get together here. See you tomorrow. — J.B.P.S. Here’s today’s Mini Crossword and Spelling Bee. You can find all our puzzles here.Melissa Guerrero and Ed Shanahan contributed to New York Today. You can reach the team at nytoday@nytimes.com.Sign up here to get this newsletter in your inbox. More

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      Hochul Picked a Running Mate. Now She Has to Pick Another One.

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      Lt. Gov. Brian Benjamin’s resignation in the face of a criminal indictment creates a major political test for Gov. Kathy Hochul.One of the first decisions Gov. Kathy Hochul had to make when she suddenly ascended to New York’s highest office last summer was a personnel one: Who would fill her previous role as lieutenant governor, becoming her second-in-command and running mate in the 2022 election?The search was relatively swift, with Ms. Hochul, a white Democrat from Buffalo, homing in on elected officials of color from downstate.She picked Brian Benjamin, a Black state senator from Harlem who was expected to help Ms. Hochul broaden her appeal in New York City, announcing her choice at a campaign-style rally in Upper Manhattan in August.The move came despite a string of ethics questions that had followed Mr. Benjamin and that centered on some dubious campaign finance practices during his time as senator and his unsuccessful run for city comptroller last year.On Tuesday, almost eight months later, that early decision turned into one of Ms. Hochul’s most potentially consequential political liabilities with her announcement that she had accepted Mr. Benjamin’s resignation after his arrest on federal corruption charges.“While the legal process plays out, it is clear to both of us that he cannot continue to serve as Lieutenant Governor,” Ms. Hochul said in a statement hours after Mr. Benjamin’s arrest. “New Yorkers deserve absolute confidence in their government, and I will continue working every day to deliver for them.” The criminal case against Mr. Benjamin could undermine the governor’s efforts to seek her first full term this year, and may be a campaign distraction as the Democratic primary in June nears. Ms. Hochul has led the field comfortably in early public polls, but Mr. Benjamin’s arrest and resignation could throw the race for both her office and his into flux, with Democratic and Republican rivals already sharpening their attacks.Ms. Hochul must now decide who will fill the lieutenant governor vacancy. It was unclear on Tuesday whether she would also seek to remove Mr. Benjamin from the Democratic ballot, an extremely complicated task because of the timing of his resignation and New York’s archaic election laws.But in a statement shortly after Mr. Benjamin’s resignation, Jay Jacobs, the state Democratic Party chairman, said he would “explore every option available to seek a replacement for Brian on the ticket.”The investigation into Mr. Benjamin’s activities had begun to dog Ms. Hochul weeks ago, just as she was negotiating the state budget, where she secured many of her favored policies related to public safety with his help.The governor had indicated just last week that Mr. Benjamin had her unwavering support, even as it became public that he had not told her while being vetted for the lieutenant governor post that his comptroller campaign had received subpoenas.“I have utmost confidence in my lieutenant governor,” Ms. Hochul said at an April 7 news conference at the State Capitol where Mr. Benjamin sat by her side as she announced the budget deal. “This is an independent investigation related to other people and he is fully cooperating. He is my running mate.”On Tuesday, Mr. Benjamin pleaded not guilty to five counts of bribery and fraud in Federal District Court in Manhattan.Most immediately, Mr. Benjamin’s arrest and resignation could upend the race for lieutenant governor. Under state law, neither arrest nor conviction prompt the removal of a candidate from a New York State ballot. Mr. Benjamin’s lawyers said on Tuesday that he had suspended his campaign, but it is too late for Mr. Benjamin to be easily removed from the ballot; the only way it could happen is if he were to leave the state, die or be nominated for a different office.Mr. Benjamin could be nominated for another office, but since petitioning deadlines have now passed for most positions, another elected official would most likely need to resign to create a vacancy for him. It is unclear whether Mr. Benjamin could sidestep that by running as an independent candidate.The primary contests for governor and lieutenant governor are conducted separately, raising the possibility that Mr. Benjamin could remain on the ballot and lose even if Ms. Hochul wins. That could force Ms. Hochul to run in the November general election with a Democratic running mate she had not chosen.Running against Mr. Benjamin are Ana Maria Archila, a progressive activist who has aligned herself with Jumaane Williams, the New York City public advocate, who is challenging Ms. Hochul from the left. Ms. Archila’s campaign sent an email to supporters on Tuesday asking for donations after news of Mr. Benjamin’s arrest broke, saying that “we need cleareyed, transparent and accountable leadership.”“I find it remarkable that the vetting process wasn’t more vigorous,” Ms. Archila said in an interview earlier on Tuesday, questioning Mr. Benjamin’s ability to fulfill his duties but stopping short of calling for his resignation. “It says that she wasn’t careful or thoughtful in prioritizing the public’s trust in the way she said she would.”Representative Thomas R. Suozzi, a moderate Democrat from Long Island who is running against Ms. Hochul in the primary, issued his own statement earlier in the day, along with Diana Reyna, his informal running mate for lieutenant governor, saying that Mr. Benjamin’s arrest was “an indictment on Kathy Hochul’s lack of experience and poor judgment.”Representative Lee Zeldin, a Long Island Republican and the party’s nominee for governor, criticized Ms. Hochul on Tuesday for her “terrible judgment” in choosing Mr. Benjamin, who he described as “a bad pick.”“When this corruption surfaced, Hochul tripled down,” Mr. Zeldin wrote on Twitter. “She owns this … all of it! Terrible judgment!”Mr. Benjamin’s arrest appeared to blindside Ms. Hochul, disrupting her schedule just as she was increasing her time on the campaign trail this week. The arrest coincided with a mass shooting at a Brooklyn subway station, and Ms. Hochul had to call off a union fund-raiser in Manhattan and a news conference on Long Island.Early in the day, as Ms. Hochul weighed Mr. Benjamin’s future, the Republican leaders in the State Legislature, as well as some Democratic state lawmakers, had called on her to demand his resignation.“Kathy Hochul and Senate Democrats might tolerate this corruption, but New Yorkers don’t and neither do I,” said Rob Ortt, the Republican leader in the State Senate.What to Know About Lt. Gov. Brian BenjaminCard 1 of 3Who is Brian Benjamin? More

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      in Elections

      Gerald Migdol Is Charged in Campaign Finance Scheme

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      Gerald Migdol is accused of concealing contributions to a New York City comptroller candidate to get more public-matching funds.A Manhattan real estate developer was charged on Friday with scheming to conceal contributions to a candidate in this year’s New York City comptroller’s race in a bid to get as much public financing for the candidate as possible.The developer, Gerald Migdol, arranged for dozens of donations to be made to the campaign in the names of people who had not authorized the payments, according to an indictment unsealed on Friday by federal prosecutors in Manhattan.One contribution that prosecutors said Mr. Migdol arranged, a $250 money order, was made in the name of a relative who is a minor, prosecutors said.The indictment does not name the candidate Mr. Migdol sought to help. But the details of the case and publicly available information suggest it is Brian A. Benjamin, a Democrat who ran unsuccessfully for comptroller and is now New York’s lieutenant governor.The indictment does not indicate that the candidate knew of the scheme.Mr. Migdol, 71, was arrested early Friday on charges of wire fraud, conspiracy to commit wire fraud and aggravated identity theft, officials said. He pleaded not guilty in an arraignment on Friday in Federal District Court in Manhattan and was released on bond. The wire fraud charges carry a maximum sentence of 20 years in prison.“Free and fair elections are the foundation of our democracy, and campaign finance regulations are one way communities seek to ensure everyone plays by the same rules,” Damian Williams, the U.S. attorney for the Southern District of New York, said in a statement.Reached by phone after Mr. Migdol’s arraignment, Joel Cohen, his lawyer, said his client had pleaded not guilty “and that’s appropriate.”“That says what we need to say,” Mr. Cohen added.A man who answered the phone at Mr. Migdol’s family-run real estate company, the Migdol Organization, declined to comment. The company, which is based in Harlem, owns and operates residential properties across New York City.In a statement, a spokesman for Mr. Benjamin’s comptroller campaign said that “neither Lieutenant Governor Benjamin nor his campaign are being accused of any wrongdoing and they are prepared to fully cooperate with authorities.”The spokesman added that “as soon as the campaign discovered that these contributions were improperly sourced, they donated them to the campaign finance board.”The office of Gov. Kathy Hochul referred all questions to Mr. Benjamin’s campaign. Ms. Hochul chose Mr. Benjamin as her lieutenant governor in August after she succeeded Andrew M. Cuomo.Mr. Migdol’s family has long supported Democratic candidates, according to the Migdol Organization website, which includes photos of family members with Mr. Benjamin and other politicians.Several Migdol family members, including Gerald Migdol, contributed to Mr. Benjamin’s campaign under their own names, campaign finance records show.The contributions at issue in the case against Mr. Migdol, the indictment says, were meant to allow the candidate’s campaign to qualify for public-matching funds through the city’s campaign finance system, potentially unlocking tens of thousands of dollars in additional money. The scheme ran from November 2019 to January 2021, the indictment says.A few of the contributions mentioned in the indictment were given to the campaign by a person at Mr. Migdol’s direction, prosecutors said. The indictment does not name the person, who is identified only as CC-1. The indictment also cites other unnamed “co-conspirators.”Mr. Migdol, prosecutors said, explained the scheme in a message to the unnamed people in July 2020, describing how the city’s public-financing system could multiply their contributions eightfold.“We get 8xl for money orders of $100,” the message said, according to the indictment. “For Money orders of $250=8×1 for first $100 and the other $150 is not matched. So a MO for $250 is worth $950 for [Candidate-1]. Hopefully our next City Comptroller.”A biography of Mr. Migdol on his company’s website says he has been involved in the real estate business in New York City for more than 40 years, primarily in Harlem and the Bronx.Mr. Migdol told The New York Post in 2006 that he started buying brownstones in Harlem in the early 2000s when they were selling for several hundred thousand dollars, far less than the prices such buildings can fetch today.In October 2019, Mr. Migdol received a community leadership award in Harlem that described him as “a true Harlem legend.” He said in his acceptance speech that Mr. Benjamin had nominated him for the award.“I am grateful to my new friend — our great State Senator Brian Benjamin,” Mr. Migdol said in the speech, which his company posted on its website. “At first glance my nomination would not normally be a popular choice. He then said but for the fact that what you guys do here is worthy of being honored.”Mr. Benjamin, a former state senator from Harlem, placed fourth in the Democratic primary for comptroller, well behind the winner, Brad Lander, a City Council member from Brooklyn.Many of the details in the indictment were first reported in January by the news website The City, including that several people whose names were listed on donations to Mr. Benjamin’s campaign said they had not made the payments.One donation reported by The City was a $250 contribution made in the name of Mr. Migdol’s 2-year-old grandson.Jefferson Siegel contributed reporting. More