New York Lt. Gov. Brian Benjamin (D), the second-in-command after Gov. Kathy Hochul (D), resigned from office on Tuesday following his surrender to the FBI in relation to a case involving his campaign contributions while he was a state senator.
While the Department of Justice (DOJ) has formally charged Benjamin, a 45-year-old politician from Harlem, the investigation is ongoing.
Here’s what we know so far about the case against Benjamin.
He’s accused of bribery and other violations
Benjamin is facing charges of bribery, fraud, conspiracy and falsification of records.
The DOJ says the fraudulent scheme began in 2019, when Benjamin was a state senator running for the New York City comptroller’s office.
The alleged scheme revolved around Benjamin soliciting fake campaign contributions from a real estate developer, according to the DOJ indictment. In a separate indictment, the developer has been named as Gerald Migdol.
In return for the donations, Benjamin allegedly gave Migdol access to a $50,000 state grant.
While running for office, Benjamin was seeking to tap into New York City’s Campaign Finance Board fund, which matches $8 for every $1 raised, with certain limits and thresholds that encourage small donor contributions.
Migdol allegedly made multiple small donations for Benjamin using fake names or assumed identities. Benjamin was able to receive more than $2 million in public funds through the finance board, the DOJ says.
The City published an article in January 2021 that raised questions about his campaign contributions, including why one donor was a 2-year-old boy.
The DOJ says Benjamin covered up the crime by filing false or misleading statements to the finance board when the legitimacy of the contributions came into question.
Benjamin ultimately lost his bid for comptroller but was appointed in August to the lieutenant governor position.
Pressure to resign grew from both Dems, GOP
After his arrest on Tuesday morning, Benjamin faced growing calls to resign from both Democratic and Republican lawmakers in New York.
Several of his former colleagues in the state legislature took to Twitter to call for his resignation.
In a post, Democratic state Sen. Rachel May said Benjamin should resign because “we need accountability at all levels of government.”
“These allegations, if true, are inconsistent with the spirit of public service, and I believe that LG Benjamin should resign,” she tweeted.
And Republican state Assemblyman Doug Smith said Benjamin should resign and be impeached.
“I don’t call on people to resign — if you have an employee that is stealing from you, you FIRE THEM — you don’t ask them to leave politely,” Smith tweeted.
In her statement Tuesday announcing Benjamin’s formal resignation, Hochul said, “New Yorkers deserve absolute confidence in their government, and I will continue working every day to deliver for them.”
The investigation is ongoing
The DOJ is continuing its investigation into Benjamin, which is being handled by the Public Corruption Unit and several assistant U.S. attorneys.
Migdol, who was charged in November, also faces an ongoing investigation.
According to the DOJ, Benjamin is charged with one count of federal program bribery, which carries a maximum sentence of 10 years in prison, and one count of honest services wire fraud, which carries a maximum of 20 years in prison.
He is also charged with one count of conspiracy to commit those offenses, a five-year maximum sentence, and two counts of falsifying records, both of which carry a maximum of 20 years.
After his arrest, Benjamin’s attorneys released a statement, shared by a local news reporter on Twitter, in which they denied a crime was committed and said they would fight the allegations in court.
“There has never been a federal case like this in America,” attorneys said in the statement. “Brian supported a $50,000 grant to Friends of Public School Harlem. Every dollar was to buy supplies for public school students in Harlem. There was nothing inappropriate about this grant.”
He will likely remain on the primary ballot in June
Benjamin, who was Hochul’s running mate, will likely remain on the ballot for the June 28 Democratic primary against Ana Maria Archila, the running mate of Jumaane Williams, and Diana Reyna, who is the candidate running with U.S. Rep. Thomas Suozzi.
Benjamin’s attorneys suspended his campaign, but the deadline has passed to remove him from the ballot and state law does not automatically remove him following a federal indictment.
As the Democratic Party’s designated candidate for lieutenant governor, Benjamin can only be removed from the ballot now after death or disqualification.
Hochul can seek to have his name removed, according to The New York Times, but it’s not clear if she will do so, as the process is involved and could add a further complication in her bid to win the party’s nomination in June.
Scandal puts Hochul in tough spot for November
The election-year scandal could jeopardize Hochul’s bid to retain her seat in office.
Hochul assumed the governorship in August following the resignation of former Gov. Andrew Cuomo (D), who was embroiled in controversy for sexual harassment allegations and accusations he covered up nursing home deaths during the coronavirus pandemic.
Hochul, who has several challengers in the Democratic primary and a Republican opponent in November, has tried to distance herself from Cuomo’s administration during her stint in office and has made fighting corruption part of her platform.
Now, she faces a scandal of her own, one which her Democratic and Republican rivals have already seized on. Meanwhile, she must grapple with having to pick a replacement, several months before she goes up against her primary opponents.
Jay Jacobs, the New York Democratic Party chairman, said in a statement that he would “explore every option available to seek a replacement for Brian on the ticket,” according to the Times.