NEW YORK (1010 WINS) -- Lt. Gov. Brian A. Benjamin has resigned after pleading not guilty in court Tuesday, surrendering to police in connection with an alleged scheme to funnel fraudulent donations to a previous campaign, Gov. Kathy Hochul announced Tuesday afternoon.
"I have accepted Brian Benjamin's resignation effective immediately," Hochul said in a statement. "While the legal process plays out, it is clear to both of us that he cannot continue to serve as Lieutenant Governor. New Yorkers deserve absolute confidence in their government, and I will continue working every day to deliver for them."
The indictment, the result of an investigation by the F.B.I. and the U.S. attorney for the Southern District of New York, accused Benjamin of conspiring to direct state funds to a Harlem real estate investor in exchange for orchestrating thousands of dollars in illegal campaign contributions to his unsuccessful 2021 campaign for New York City comptroller.
Benjamin, a Democrat, was accused in an indictment of participating in a scheme to obtain campaign contributions from a real estate developer in exchange for Benjamin’s agreement to use his influence as a state senator to get a $50,000 grant of state funds for a nonprofit organization the developer controlled.
Facing charges including bribery, fraud, conspiracy and falsification of records, Benjamin was released and bail was set at $250,000.
Benjamin, formerly a state senator from Harlem, had joined the administration of Gov. Kathy Hochul in September, chosen by her to fill her former job a couple of weeks after she stepped into the governorship following the resignation of former Gov. Andrew Cuomo over sexual harassment allegations.
But just over two months later, a real estate developer who steered campaign contributions toward Benjamin’s failed bid for New York City comptroller was indicted.
Federal authorities accused Gerald Migdol of conspiracy to commit wire fraud, wire fraud, and aggravated identity theft in illegally giving donations to Benjamin’s campaign.
More recently, reports came out saying subpoenas had been issued to Benjamin regarding the financial issues even before Hochul picked him as lieutenant governor.
The indictment said Benjamin, formerly a state senator from Harlem, and others acting at his direction or on his behalf also engaged in a series of lies and deceptions to cover up the scheme that stretched from 2019 to 2021.
They falsified campaign donor forms, misled municipal regulators and provided false information in vetting forms Benjamin submitted while he was being considered to be appointed as lieutenant governor, the indictment said.
Prosecutors had previously not made any accusations against Benjamin, and his campaign said at the time of Migdol’s arrest that it had forfeited any improper donations as soon as they were discovered.
Despite her saying she didn’t know of the subpoenas at the time, Hochul proclaimed her support for Benjamin, and he said he had told state police as they went through the process of vetting him.
“I have utmost confidence in my lieutenant governor,” Hochul said during a Thursday press conference. “This is an independent investigation related to other people and he’s fully cooperating. He is my running mate.”
Hochul, who appeared at a New York City news conference Tuesday regarding a shooting on the subway, said she would speak about Benjamin later in the day.
“We’ll have a statement out there. I have not had a chance to speak to him. I was doing media interviews this morning. But this is not the place but I will be addressing it very shortly,” Hochul said.
In response to Tuesday's indictment, New York GOP Chairman Nick Langworthy accused Hochul of "[turning] a blind eye" by putting "him a heartbeat away from the governorship."
“In her first major decision as governor, Kathy Hochul chose a dirty politician to serve as her partner in government and running mate," Langworthy said in a statement. "Brian Benjamin’s shady dealings and corruption were well-documented, but Hochul turned a blind eye and put him a heartbeat away from the governorship."
He added, "This decision was not just dangerous incompetence, it is proof that her tolerance for corruption runs deep in her veins, which is no surprise given she dutifully served with Andrew Cuomo for seven years. Just days ago, she continued to say she had ‘full confidence in him.’ She does not possess the judgment nor the moral code to serve as governor. The only way to wipe clean the Cuomo-Hochul stench is to throw the entire corrupt cabal out of office this November."
Republican minority legislative leaders — Senate Leader Rob Ortt and Assembly Leader Will Barclay — called on Benjamin to resign.
“Kathy Hochul and Senate Democrats might tolerate this corruption, but New Yorkers don’t and neither do I,” Ortt said. “I’m calling on Gov. Hochul and Senate Democrats to stop hiding from the truth and join me in demanding Brian Benjamin’s resignation.”
New York Republican Rep. Elise Stefanik also called for his resignation, arguing that "corruption in the Hochul administration is showing."
"The arrest of Governor Hochul's handpicked Lieutenant Governor puts on display once again the corrupt cesspool of Albany," she said in a statement. "Lieutenant Governor Benjamin's charges of bribery and campaign fraud prove he has put his own interests above those of New York."
She added, "The corruption in the Hochul administration is showing. But just last week, Hochul chose to turn a blind eye to Benjamin's criminal activity and stood by her handpicked choice for Lieutenant Governor among serious allegations of bribery and corruption. New Yorkers deserve full accountability for Lt. Gov. Benjamin's crimes and for Governor Hochul's corrupt complicity. Benjamin should resign from office, and Governor Hochul must also be held accountable to New Yorkers."
Spokespeople for Hochul, Senate Leader Andrea Stewart-Cousins and Assembly Speaker Carl Heastie didn’t immediately provide comment Tuesday when asked if Benjamin should resign.
Despite his resignation, Benjamin would still likely appear on the ballot for the 2022 gubernatorial Democratic primary even if Hochul picks a new lieutenant governor, according to state elections law.
“There are only three ways to get off the ballot: death, declination or disqualification,” State board of elections spokesperson John Conklin said in an email.
The Associated Press contributed to this report.
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