Ex-Lt. Gov. Brian Benjamin's Bribery Charge Tossed

NEW YORK CITY — Bribery charges against former Lt. Gov. Brian Benjamin — which in large part led to his arrest and subsequent resignation — were tossed by a federal judge Monday.

In a 38-page opinion, Judge J. Paul Oetken dismissed three of five charges against Benjamin related to bribery and wire fraud.

He wrote that prosecutors didn't show an explicit agreement between then-state Sen. Benjamin and Harlem developer Jerry Migdol over a $50,000 state grant around which much of the case hinged.

"(The) Court concludes that the Indictment fails to allege an explicit quid pro quo, which is an essential element of the bribery and honest services wire fraud charges brought against Benjamin," the order states.

Federal prosecutors had accused Benjamin of securing the state fund for Migdol's nonprofit campaign in exchange for a number of small-dollar contributions for the politician's campaigns.

The accusations led to Benjamin's arrest in April on federal charges. He resigned as lieutenant governor the same day.

While Oetken found prosecutors failed to outline enough evidence to sustain bribery and wire fraud charges against Benjamin, he wrote that two counts related to making false entries in a record to impede an investigation will remain.