The 2nd Circuit Court of Appeals on Friday revived the bribery case against former New York Lt. Gov. Brian Benjamin, which had been dismissed after a lower court found the feds failed to establish sufficient evidence of a quid pro quo between him and a campaign donor.
“We conclude that the indictment sufficiently alleged an explicit quid pro quo,” the appeals court panel wrote. “Therefore, we reverse the judgment of the district court and remand for further proceedings.”
The decision reinstates the charges dismissed by Manhattan Federal Court Judge Paul Oetken in December 2022, which found prosecutors had failed to show the fallen politician steered $50,000 in state funds to a nonprofit in exchange for fraudulent contributions to his failed city comptroller campaign.
Brian’s lawyers did not immediately respond to a request seeking comment.
A spokesman for Manhattan U.S. Attorney Damian Williams declined comment.
This developing story will be updated.
