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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