New Benjamin lawyer floats same defense that helped de Blasio avoid indictment

Disgraced ex-Lt. Gov. Brian Benjamin confirmed up in courtroom Monday with ex-Mayor Invoice de Blasio’s former protection lawyer — who instantly floated the identical idea that helped get de Blasio off the hook in a “pay-to-play” corruption probe.

Barry Berke appeared to telegraph his deliberate technique on behalf of Benjamin, who resigned final week following his indictment in an alleged bribery scheme involving greater than $50,000 in unlawful donations to his marketing campaign committees.

“It is a very uncommon political corruption case as a result of the fees are based mostly solely on political contributions and no private advantages,” Berke stated throughout an look in Manhattan federal courtroom.

in 2016, de Blasio was referred for investigation by the state Board of Elections, sparking state and federal probes into fundraising for his 2013 mayoral marketing campaign, his controversial Marketing campaign for One New York nonprofit and the 2014 state Senate elections.

Former Lt. Gov. Brian Benjamin leaving Thurgood Marshall United States Courthouse on April 18, 2022.
Former Lt. Gov. Brian Benjamin leaving Thurgood Marshall United States Courthouse on April 18, 2022.
Alec Tabak for NY Publish

The next 12 months, then-acting Manhattan US Legal professional Joon Kim stated he’d determined to not file prices in opposition to de Blasio partially due to “the actual issue in proving prison intent in corruption schemes the place there isn't a proof of non-public revenue.”

Additionally throughout Tuesday’s courtroom session, Choose Paul Oetken gave Benjamin permission to journey to New Jersey after Berke stated that “he has household there” and prosecutors didn’t object.

The transfer got here amid efforts by Gov. Kathy Hochul and Democratic officers to substitute Benjamin as her working mate within the June 28 major elections by having him disqualify himself by transferring out of state.

Benjamin's attorney Barry Berke (left) previously served as former Mayor Bill de Blasio's lawyer during a corruption probe.
Benjamin’s lawyer Barry Berke (left) beforehand served as former Mayor Invoice de Blasio’s lawyer throughout a corruption probe.
Alec Tabak for NY Publish

Throughout an look final week on WNYC radio, Hochul stated “that's the choice, I believe … as a result of loss of life is the opposite one” and joked that host Brian Lehrer ought to become involved when he prompt she ask Benjamin, a former state senator from Harlem, to briefly relocate to the Backyard State.

“You give him a name, Brian, and you'll inform him that’s your thought,” she stated.

“I don’t have management over that.”

Benjamin, who's free on a $250,000 bond, was beforehand granted permission to journey to the federal districts of Northern Georgia and Japanese Virginia.

Benjamin is accused of arranging a $50,000 state grant to developer and lawyer Gerald Migdol’s Mates of Public Faculty Harlem in trade for Migdol allegedly funneling barely greater than that to Benjamin’s state Senate marketing campaign committee and his failed bid for metropolis comptroller final 12 months.

Berke called Benjamin's corruption case "unusual" because it is based "solely on political contributions and no personal benefits."
Berke referred to as Benjamin’s corruption case “uncommon” as a result of it's based mostly “solely on political contributions and no private advantages.”
Alec Tabak for NY Publish

Migdol was busted within the alleged scheme final 12 months and is reportedly cooperating with the feds in opposition to Benjamin.

In a ready assertion, Berke referred to as Benjamin’s five-count indictment “an unprecedented try and criminally cost an upstanding state chief for routine fundraising and help of a non-profit offering wanted assets to Harlem public colleges.”

Berke additionally stated he and co-counsel Dani James determined to take the case “as a result of we're shocked and dismayed that the prosecution would convey such flimsy and unwarranted prices in opposition to a sitting Lt. Governor and so near the first election.”

A spokesperson for Manhattan US Legal professional Damian Williams didn’t instantly return a request for remark.

Benjamin was represented at his arraignment final week by attorneys James Gatta and William Harrington, who filed paperwork Monday to withdraw from the case as a result of Benjamin had changed them with Berke and James’ agency.

Benjamin resigned from his office after being arrested and indicted in connection to a campaign finance scheme.
Benjamin resigned from his workplace after being arrested and indicted in connection to a marketing campaign finance scheme.
Alec Tabak for NY Publish

In 2018, de Blasio acknowledged owing Berke’s agency, Kramer Levin, round $300,000 in unpaid authorized charges, which The Metropolis web site final 12 months stated had seemingly ballooned to $435,000 with curiosity.

“Clearly, I intend to deal with that debt and put collectively the assets over time,” de Blasio stated when requested concerning the matter in October.

Berke declined to say what, if something, de Blasio had since carried out to pay his invoice and de Blasio’s spokesman didn’t instantly return a request for remark.

Berke donated to each of de Blasio’s mayoral races and was his marketing campaign finance committee chairman for the 2013 election.

In 2015, de Blasio appointed Berke as his official consultant on Lincoln Middle’s board of administrators.

Berke was additionally chief counsel for the Home Democrats throughout former President Donald Trump’s second impeachment trial and was particular counsel to the Home Judiciary Committee throughout Trump’s first impeachment.

Further reporting by Carl Campanile

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