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By Matthew Russell Lee, Patreon Editorial
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SDNY / Mag Exclusive, March 6 – 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 August 10, there was oral argument on Benjamin's motions and Inner City Press live tweeted it here and below.

On December 5, Judge J. Paul Oetken issued an order dismissing three of the five counts against Benjamin. Order here; "Defendants motion to dismiss is granted as to the first three counts. The Indictment is sufficient, however, with respect to the falsification-of-records charges in the fourth and fifth counts, as to which the motion to dismiss is denied."

Before 5 pm on December 5, the US Attorney's Office appealed: "NOTICE OF APPEAL (Interlocutory) by USA as to Brian Benjamin from [76] Memorandum & Opinion."

On March 2 the US asked to push back Migdol's sentencing, given his "ongoing cooperation with the Government, which is expected to extend at least through trial in this case."

On March 6, Judge Oetken re-set Migdol's sentencing for March 7, 2024. Inner City Press will continue to cover the case.

  Back 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."

On May 10 they unsealed the April 13 transcript which reflects the Migdol's counsel asked "because of the sensitivity of the matter we would ideally ask that you actually seal the courtroom."

THE COURT: "The government cannot request that the courtroom be sealed unless there is an order from Washington, right?" AUSA Moe: That's correct, your Honor.

THE COURT: The only people in the courtroom now are court staff, the government, and Mr. Migdol's counsel. And I understand the government will be seeking the sealing of the transcript." AUSA Moe: Yes.

  So, stealth sealing. And scoop, including as to cooperation:

THE COURT: I note that the plea agreement refers to the possibility that the government may advise the sentencing judge by letter that you have given the government substantial assistance which could lead to a reduction in your potential prison sentence." 5K1....

On May 12 Benjamin was before Judge Oetken and Inner City Press was there. His lawyers again pushed the McCormick precedent, and a briefing schedule was set, culminating in an oral argument August 10. Benjamin's trial is set for January 23, 2023. Afterward, Inner City Press in Foley Square asked Benjamin when he knew of Migdol's plea - since the basis of the sealing was "sensitivity," presumably meaning a threat of retaliation. There was no answer. Video here.

Editorial on closing the loophole here.

On November 22, 2022 Benjamin's lawyer submitted a redacted letter arguing he should have gotten 100,000 documents from Migdol's laptop, iCloud account and Gmail account. They want the documents of, in the alternative, a Rule 17(c) subpoena. Watch this site.

Back on August 10, there was oral argument on Benjamin's motions and Inner City Press live tweeted it here:

On July 14, Benjamin's lawyer submitted a memo questioning and requesting discovery into  Migdol's allocution - but large portions of the filing are blacked up, redacted. Photo here. Watch this site.

   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 was 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: "Travel restricted to SDNY/EDNY/N.D.Ga., E.D.Va & points in between."

 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

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."

Inner City Press will stay on the case.

 It is US v. Migdol, 21-cr-706 (Oetken / Wang)

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