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Defining Matters
Dec. 06, 2022

Kramer Levin Secures Dismissal of Bribery, Fraud Charges Against Former New York Lt. Gov. Brian Benjamin

On Dec. 5, 2022, U.S. District Judge J. Paul Oetken of the Southern District of New York granted in part Kramer Levin’s motion to dismiss a bribery and fraud indictment on behalf of former New York Lt. Gov. Brian Benjamin. Specifically, charges of bribery, honest services wire fraud and conspiracy to commit those two offenses were dismissed. In doing so, Judge Oetken ruled that federal prosecutors had failed to allege an explicit quid pro quo.

Kramer Levin Litigation partners Barry H. Berke and Dani R. James, who led the defense team, said: “From the very beginning, we said we are shocked and dismayed that the prosecution would bring such flimsy and unwarranted charges based on nothing more than routine fundraising and support of a non-profit providing needed resources to Harlem public schools. Today’s decision shows how these wrongful charges so harmed Mr. Benjamin and unfairly cost him his position as Lt. Governor. The dismissal of this now discredited bribery theory also makes clear how the indictment was a direct assault on the democratic process.”

They added: “Mr. Benjamin is thankful for his vindication and looks forward to new opportunities to serve the people of New York and his Harlem community. While today is a great day for justice, democracy and the rule of law, it is tragic that this case was ever brought and such a decision was necessary.”

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