Page 4 - aruba-today-20221206

A4 U.S. NEWS
Tuesday 6 december 2022
Bribery, fraud charges dismissed against ex-NY Lt. Governor

By LARRY NEUMEISTER second Black lieutenant
Associated Press governor. During a state
NEW YORK (AP) — Bribery Legislature career that be-
and fraud charges against gan in May 2017, he em-
former New York Lt. Gov. phasized criminal justice
Brian Benjamin were tossed reform and affordable
out Monday by a federal housing. His district includ-
judge, leaving Benjamin to ed most of central Harlem,
face only records falsifica- where he was born and
tion charges and prompt- raised by Caribbean immi-
ing his lawyers to say it was grant parents.
tragic that the case was In tossing out the first three
ever brought. charges in a five-count in-
Judge J. Paul Oetken in a dictment, the judge wrote
written opinion said pros- that appeals courts, includ-
ecutors failed to allege an ing the U.S. Supreme Court,
explicit example in which have made clear that proof
Benjamin provided a favor of a promise was necessary
for a bribe, an essential ele- to support criminal charges
ment of bribery and honest when payments are made
services fraud charges. in the form of campaign
Benjamin, a Democrat, re- contributions. The judge
signed after his arrest last said he also agreed with
April. He pleaded not guilty Former New York Lieutenant Governor Brian Benjamin leaves a hearing in federal court on April a separate defense argu-
to charges that he ob- 18, 2022, in New York. ment that the facts alleged
tained campaign contribu- Associated Press in the indictment, even if
tions from a real estate de- predecessor, Democrat unfairly cost him his position tine fundraising and sup- true, fail to establish crimi-
veloper in exchange for his Andrew Cuomo. as Lt. Governor.” port of a non-profit provid- nal liability. He noted that
influence to get a $50,000 At the time of his arrest, “While today is a great ing needed resources to the government’s timeline
grant of state funds for a Benjamin’s lawyers had is- day for justice, democ- Harlem public schools,” the of events show that there
nonprofit organization the sued a statement saying racy and the rule of law, it attorneys said. was no agreement be-
developer controlled. they planned to show the is tragic that this case was They wrote that Benjamin tween the Benjamin and
Benjamin’s arrest had cre- courts that their client’s ac- ever brought and such a was “thankful for his vindi- the developer at the time
ated a political crisis for tions were laudable rather decision was necessary,” cation and looks forward Benjamin procured the
Gov. Kathy Hochul, a fel- than a crime. they said. “From the very to new opportunities to $50,000 in state funding.
low Democrat who chose On Monday, attorneys Bar- beginning, we said we are serve the people of New The charges that were left
him to serve as second-in- ry Berke and Dani James shocked and dismayed York and his Harlem com- intact allege that Benja-
command when she be- said in a statement that that the prosecution would munity.” min knowingly made a
came governor following a the ruling “shows how bring such flimsy and un- A spokesperson for prose- false entry in a record with
sexual harassment scandal these wrongful charges so warranted charges based cutors declined comment. the intent to impede an
that drove from office her harmed Mr. Benjamin and on nothing more than rou- Benjamin was the state’s investigation.q

Avenatti sentenced to 14 years in California fraud case

AMY TAXIN after admitting he cheated Selna said during a hearing better, and I hope that from a 36-count indict-
Associated Press four of his clients out of mil- in Santa Ana, California. someday they will accept ment.
SANTA ANA, Calif. (AP) — lions of dollars. Avenatti pleaded guilty my apologies and find it in Avenatti is currently serving
Incarcerated lawyer Mi- The sentence should run earlier this year to four their heart to forgive me.” time in a Southern Califor-
chael Avenatti was sen- consecutively to the five- counts of wire fraud and a Prosecutor Brett Sagel told nia prison on two separate
tenced in Southern Califor- year prison term he is cur- tax-related charge without the court that Avenatti’s cases. He was convicted
nia on Monday to 14 years rently serving for separate reaching a plea deal with criminal conduct “arose of stealing book proceeds
in prison and ordered to convictions in New York, federal prosecutors, saying from calculated choices from Stormy Daniels, the
pay $7 million in restitution U.S. District Judge James V. he wanted to be account- and egregious violations of porn actor who catapulted
able and spare his family the trust” his clients placed him to fame as he repre-
further embarrassment. He in him. sented her during her legal
was accused of negotiat- “He didn’t turn to his crimi- battles with then-President
ing and collecting settle- nal actions by desperation, Donald Trump, and of try-
ment payments on behalf by need, by the inability to ing to extort Nike if the
of his clients and instead do anything else,” Sagel shoemaker didn’t pay him
funneling the money to ac- said. “Despite the signifi- up to $25 million.
counts he controlled. cant advantages that this Avenatti represented Dan-
Before sentencing, Avenat- defendant had a first-rate iels in her lawsuit to break a
ti apologized to the four education, a thriving legal confidentiality agreement
victims in the case, three career he chose to com- with Trump to stay mum
of whom were in the court- mit the deplorable acts about an affair she said
room. in this case time and time they had and became one
“I am deeply remorseful again.” of Trump’s leading adver-
and contrite,” Avenatti The government dropped saries, attacking him on
Michael Avenatti speaks to members of the media after leaving said. “There is no doubt that all other remaining charges cable news programs and
federal court on Feb. 4, 2022, in New York.
Associated Press all of them deserve much against Avenatti stemming Twitter.q