Southern District Of New York Holds That An Explicit Quid Pro Quo Is An Essential Element Of Bribery And Fraud In Campaign Fundraising-Related Public Corruption Prosecutions

• Published date: 12 December 2022
• Subject Matter: Criminal Law, White Collar Crime, Anti-Corruption & Fraud
• Law Firm: Foley Hoag LLP
• Author: Ms Veronica Renzi, James M. Gross and Rachel Kerner

Earlier this week, the Southern District of New York dismissed bribery and honest services wire fraud charges brought against New York's former lieutenant governor, Brian Benjamin, based upon the Indictment's failure to allege an explicit quid pro quo arrangement with respect to campaign contributions, instead of an agreement by implication. The decision marks the first time that a New York federal court has held that an express agreement is required before an individual can be convicted of bribery and wire fraud in a campaign contribution case, and the Government's swift appeal to the United States Court of Appeals signals that further guidance on the reach of the bribery and wire fraud statutes in this context will soon be forthcoming.

Benjamin served as lieutenant governor'the second highest-ranking position in the State of New York'from his inauguration on September 9, 2021 until April 12, 2022, the date that a five-count indictment was brought against him for bribery, honest services wire fraud, and falsification of records charges. The crux of the Indictment concerned allegations that while a state senator, Benjamin solicited and received campaign contributions for a failed Comptroller campaign from a New York real estate developer and, in exchange, secured but never sent $50,000 in state funds for that developer's non-profit organization. According to the Indictment, Benjamin received numerous...