DOJ Drops
Case Against Brian Benjamin After Cert
Denied & Scoop on Plea of Co-defendant
By Matthew
Russell Lee, Patreon
SDNY / Mag
Exclusive, Jan 17 – 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 ,
2022 the other shoe dropped
when New York State Lt. Gov.
Brian Benjamin was indicted.
Now on January 17, 2025, DOJ
has dropped its case against
him.
Back
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."
DOJ
won, and cert
was denied - but now
they drop 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 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."
So,
stealth sealing. And scoop,
including as to cooperation.
Then a death, and a dismissal
of the remaining case.
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.
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 May 6 a joint
letter informed Judge Oetken
that "Benjamin intends to file
a petition for certiorari."
On December 20,
2024, counsel wrote in that
cert was denied, and that they
will update the Court by
January 31, 2025.
Inner City Press
will stay on the case.
It was US
v. Migdol, et al., 21-cr-706
(Oetken / Wang)
***

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