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

    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

    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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    Gerald Migdol Is Charged in Campaign Finance Scheme

    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