Disgraced ex-Lt. Gov. Brian Benjamin appeared in Manhattan federal court Thursday as a judge set his tentative trial date on bribery charges for early next year.
Benjamin — who was indicted last month on the conspiracy charges tied to an alleged campaign finance scheme — didn’t speak during the brief hearing.
His attorney Barry Berke said they will move to dismiss the indictment, which he claimed was part of the most aggressive political corruption case ever pursued by the feds.
“We are hopeful that a trial will not take place,” he told Judge Paul Oetken, who had set a tentative trial date for Jan. 23, 2023.
Berke continued that the charges against Benjamin were brought in a “speaking indictment,” claiming prosecutors in the Southern District of New York spun a narrative about his client but did not clearly show a crime had been committed.
Benjamin, 45, is accused of funneling phony campaign contributions to his unsuccessful city comptroller campaign back when he was a state senator.
His attorney claimed the indictment does not allege a clear quid pro quo or show that the Harlem Democrat committed a crime.
“We have not found a single case that has ever been brought that is remotely close to this case,” Berke said.
Before Berke made his spiel to the judge, prosecutor David Abramowicz said the government was working to turn over evidence it’s recovered to Benjamin’s attorneys, including 2.8 terabytes of data.
Prosecutors allege Benjamin steered a $50,000 state-funded grant to a Harlem real estate developer, who in turn bundled illegal campaign contributions to the Democrat’s failed 2019 bid for city comptroller.
Earlier this week, it was revealed Benjamin’s co-conspirator, Gerald Migdol, pleaded guilty to a number of crimes for his role in the scheme — and told prosecutors he engaged in the quid pro quo with the once-powerful pol.
“I entered into a quid pro quo agreement with Brian Benjamin, who was then a state senator,” Migdol told Magistrate Judge Ona Wang in April, according to a transcript of the hearing unsealed this week.
“Specifically, he offered to obtain a $50,000 state grant for my charitable organization in exchange for campaign contributions that I agreed to give him and procure for him. In furtherance of the agreement, calls were made, and texts and emails were sent to and from Manhattan,” he added.
After his arrest, US Attorney Damian Williams said Benjamin engaged in clear bribery.
“Taxpayer money for campaign contributions — quid pro quo, this for that — that’s bribery, plain and simple,” he told reporters at a news conference.
Benjamin has pleaded not guilty.