New York Lt. Gov. Brian Benjamin resigns following indictment on bribery charges

New York Lt. Gov. Brian Benjamin resigns

NEW YORK -- Brian Benjamin resigned his post as lieutenant governor on Tuesday after surrendering to federal authorities earlier in the day.

As CBS2's Marcia Kramer reported, he is facing federal bribery and conspiracy charges.

WEB EXTRARead the indictment

The revelation throws a giant monkey wrench into Gov. Kathy Hochul's campaign for re-election. Ironically, less than a week ago Benjamin was front and center when the governor announced a budget agreement.

"I have accepted Brian Benjamin's resignation effective immediately," Hochul said Tuesday afternoon. "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 statement came in direct contrast to what the governor said on April 7, as news of a probe involving Benjamin circulated. 

"I have utmost confidence in my lieutenant governor. This is an independent investigation linked to other people and he is fully cooperating. He is my running mate," Hochul had said.

READ MOREHochul's gubernatorial campaign suddenly has questions due to federal probe of Lt. Gov. Benjamin

The federal indictment not only charges the former Harlem state senator with participating in an alleged campaign donation shakedown, but also with filing false vetting forms when he was under consideration for the number two job in the state.

Benjamin was asked about the vetting process and the federal investigation.

"The state police did a thorough investigation. I participated in that. The state police gave a recommendation to the governor and that was the process that's typically the process for appointment. I followed the process as it was supposed to be followed," Benjamin said.

The indictment centers on a number of things, including charges that Benjamin allegedly falsified documents to become lieutenant governor, and a reported scheme to get illegal donations for his failed city comptroller's campaign last year from a Harlem real estate developer in exchange for a $50,000 state grant, Kramer reported.

"We allege that Benjamin repeatedly lied on the vetting forms that he filed out before he was appointed lieutenant governor. That's a cover-up," U.S. Attorney Damian Williams said.

Sources told CBS2 that the real estate developer is Gerald Migdol, who has been indicted on charges of concealing and misrepresenting dozens of illegal contributions to Benjamin. According to the indictment, Benjamin reportedly got Migdol to help him get small donor contributions so he could qualify for city matching funds.

"Taxpayer money for campaign contributions, quid pro quo, this for that, that's bribery plain and simple," Williams said.

Benjamin's attorneys, James D. Gatta and William J. Harrington, released the following statement:

"There has never been a federal case like this in America. 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. After today's charges, Brian will resign his duties as lieutenant governor and suspend his campaign. He will focus his energies on explaining in court why his actions were laudable -- not criminal. He looks forward to when this case is finished so he can rededicate himself to public service."

It's unclear if Benjamin's resignation will boost the chances of Hochul's challengers in the upcoming election.

One of her Democratic opponents, Congressman Tom Suozzi, issued the following statement:

"Today's bombshell is an indictment on Kathy Hochul's lack of experience and poor judgment. Hochul's first decision was to pick her LG, who she entrusted with leading her failed bail reform effort, negotiating the budget, and last week said she had the utmost faith in him despite many reports of investigations into his conduct in office.

"Hochul has fostered a culture of continued corruption with months of fundraising from pay-to-play insiders and people doing business with the state, and secretive budget deals that resulted in the billion dollar Bills stadium and little else.

"The Suozzi/Reyna ticket will clean up this corrupt mess, combat crime, cut taxes by 10 percent, reduce gas prices and utility bills, and put hard working New Yorkers first."

Check back soon for more on this developing story. 

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