| Scoop on
Plea of Brian Benjamin Co-defendant Migdol
Confirmed by US, Next Is May 12
By Matthew
Russell Lee, Patreon Live
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SDNY Court / Mag
Exclusive, May 9 – Gerald
Migdol, a lawyer who develops
real estate in Harlem, was
arrested early on November 19,
2021. Inner City Press covered
his arraignment and when he
was freed on $250,000 bond.
On April 12 the
other shoe dropped when New
York State Lt. Gov. Brian
Benjamin was indicted.
On April
14, the day before a scheduled
proceeding in the Migdol case,
sources told Inner City Press
that Migdol had appeared in
Magistrates Court - presumably
to cooperate / plead guilty.
Inner City Press tweeted
and reported
it. On April 15, at the time
of his proceeding, it was
"adjourned sine die." See here.
On May 9 the US
Attorney's Office confirmed
Migdol pleaded guilty on April
13, photo here.
Letter: "Dear Judge
Oetken: The Government
writes respectfully regarding
(i) the Superseding
Information (“S-1”) as
to the above-referenced
defendant, entered during a
change-of-plea hearing held on
April 11, 2022; (ii) the
transcript of that proceeding;
and (iii) this Court’s April
13, 2022 order accepting
the defendant’s plea,
all of which are currently
sealed. In light of
subsequent events and certain
developments in the
Government’s ongoing
investigation, the Government
respectfully submits that it
is no longer necessary to
maintain the above
materials under seal or
further delay the associated
docket entries. The Government
thus has no objection to
the docketing of the materials
listed above, and no objection
to this letter being
docketed following their
unsealing.
Respectfully
submitted, DAMIAN
WILLIAMS United
States Attorney
Southern District of New York"
" Granted. The referenced
documents and associated
docket entries are
hereby unsealed. This
letter shall also be
docketed. So
ordered."
Back
in November Migdol was brought
before U.S. District Court for
the Southern District of New
York Magistrate Judge Ona T.
Wang on the afternoon of
November 19, in blue jeans.
Inner City Press was there, in
the gallery.
As it
happens, Judge Wang is also on
duty on April 12, 2022. In the
early afternoon she arraigned
and freed Benjamin - on agreed
conditions that allow travel
to Georgia and Virginia, but
not Albany: "Minute Entry for
proceedings held before
Magistrate Judge Ona T. Wang:
Initial Appearance as to Brian
Benjamin (2) held on
4/12/2022. Detention Hearing
as to Brian Benjamin held on
4/12/2022. Date of Arrest:
4/12/2022, Vol. Surr. AUSA
Alison Moe & David
Abramowicz. Defense Counsel
(Retained): James Gatta &
William Harrington.
Proceeding: Rule 9. BAIL
DISPOSITION: Agreed conditions
of release; $250,000 PRB; 1
FRP; Travel restricted to
SDNY/EDNY/N.D.Ga., E.D.Va
& points in between;
Temporary additional travel
upon consent of AUSA &
approval of Pretrial Services;
Surrender travel documents
(& no new applications);
Pretrial supervision as
directed by Pretrial Services;
Defendant to be released on
own signature plus the
following conditions: FRP;
Remaining conditions to be met
by 4/19/2022. ADDITIONAL
PROCEEDINGS: Defendant
arraigned; pleads Not Guilty.
Conference before District
Judge on 4/19/2022 at 11:30
a.m.."
Inner City
Press sought to ask Benjamin
why, when he left the
courthouse, video here.
On April 18,
Benjamin appeared with his new
Kramer Levin lawyers, who said
that this is the first case
prosecuting only political
contributions, with no
personal gain. Inner City
Press live tweeted it here
OK - Ex NYS Lt
Giv Brian Benjamin set to
appear in Courtroom 318
at 11:30. Inner City Press
exclusively reported last week
co defendant (cooperator?)
Migdol in Magistrates Court
Benjamin and 2
lawyers here in Courtroom 318.
3 prosecutors. Awaiting Judge
Oetken.
From Lt Gov to
defendant in less than a week.
Here's Judge
Oetken. Benjamin has Kramer
Levin.
AUSA: We've
given 160,000 pages to the
defense Benjamin's
lawyer: This case is based
only on political
contributions, not personal
benefit.
Defense
wants 3-4 weeks. Judge Oetken
sets for May 12, 11 am.
Benjamin can now travel to NJ.
Story (and vlog
and here's the
live-streamed vlog, here.
We'll have
more on this.
Back to Migdol's
initial presentment: he Office
of the US Attorney, being
publicly sworn in at exactly
that time at the Harlem
Armory, agreed to Migdol's
release on $250,000 personal
recognizance bond.
Migdol has
a gun, which must be turned
into the local police precinct
by November 23, and an expired
passport due later.
According
to the prosecutors,
"Candidate-1 filed a
certification with the CFB in
or about September 2019,
becoming a candidate for the
office of the New York City
Comptroller and opting in to
the CFB’s matching funds
program. Thereafter,
MIGDOL and others conspired to
obtain fraudulent
contributions for Candidate-1
that would be used, among
other things, to seek public
matching funds from the CFB.
.. Through these and other
efforts, MIGDOL and others
involved in the scheme
procured nominee and other
fraudulent contributions for
Candidate-1’s campaign, which
in turn were submitted to the
CFB by Candidate-1’s campaign
in connection with requests
for at least tens of thousands
of dollars in additional
public matching funds."
The case
is assigned to District Judge
J. Paul Oetken, who has
scheduled a conference for
December 6 at 11.
Inner City Press
will stay on the case.
It is US v.
Migdol, 21-cr-706 (Oetken /
Wang)
***
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