Lt. Gov. Brian Benjamin was arrested in connection with a campaign-funding scheme centered around his previous campaign for New York City comptroller, a federal official confirmed.
Lt. Gov. Brian Benjamin was arrested in connection with a campaign-funding scheme centered around his previous campaign for New York City comptroller, a federal official confirmed.
Lt. Gov. Brian Benjamin was arrested in connection with a campaign-funding scheme centered around his previous campaign for New York City comptroller, a federal official confirmed.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ee
UNITED STATES OF AMERICA
SEALED SUPERSEDING
.] INDICTMENT
ee $2 21 Cr. 706 (JPO)
Defendant.
eee ese ete ts ae x
overview
1. From at least in or about 2019, up to and including at
least in or about 2021, BRIAN BENJAMIN, the defendant, participated
in a scheme to obtain campaign contributions from a real estate
developer ("CC-1") in exchange for BENJAMIN’s agreement to use,
and actual use of, his official authority and influence as a New
York State senator to obtain a $50,000 grant of state funds (the
“state Grant”) for a non-profit organization controlled by CC-1
(organization-1"). In so doing, BENJAMIN abused his authority as
a New York State senator, engaging in a bribery scheme using public
funds for his own corrupt purposes.
2. BRIAN BENJAMIN, the defendant, and others acting at his
direction or on his behalf, also engaged in a series of lies and
deceptions to cover up his scheme, including by falsifying campaign
donor forms, misleading municipal regulators, and providing false
information in vetting forms BENJAMIN submitted while underconsideration to be appointed the next Lieutenant Governor of New
York State.
Background
3. From in or about June 2017 through in or about September
2021, BRIAN BENJAMIN, the defendant, served as an elected
legislator in the New York State senate representing District 30,
which encompassed areas in northern Manhattan, including Harlem.
As a senator, BENJAMIN had occasion to use his official authority
and influence to direct certain state funds to various
organizations within his district.
4. At all relevant times, CC-1 owned and controlled a real
estate development business based in Harlem. CC-1 also founded,
controlled, and was publicly associated with Organization-1, a
non-profit organization that donated, among other things, school
supplies and other resources to various public school programs and
students in Harlem.
5. BRIAN BENJAMIN, the defendant, and Cc-1 first met in or
about 2017. From that time through in or about early 2019, BENJAMIN
and CC-1 had a number of interactions, and CC-1 provided financial
support for community events promoted by BENJAMIN or his senate
district office, as well as contributions to BENJAMIN’s political
campaign. BENJAMIN, in turn, attended various events connected to
cC-1 and organization-1.6. In or about early 2019, in addition to running for
reelection to the New York state senate, BRIAN BENJAMIN, the
defendant, began planning a campaign for New York City Comptroller.
In or about September 2019, BENJAMIN filed a certification with
the New York City Campaign Finance Board (“CFB”) announcing that
he was considering becoming a candidate in the 2021 election for
that office. BENJAMIN’s filing of that certification permitted him
to begin raising money for such a campaign (the “Comptroller
Campaign”). As part of that certification, BENJAMIN also indicated
that he intended to participate in the CFB’s matching funds
program, which provides public funds to match small contributions
in order to empower everyday New York City residents in elections.
‘The matching funds program allowed candidates to obtain as much as
$8 in taxpayer funds for every $1 of each eligible contribution,
up to a particular amount. For example, during the 2021 primary
election, a qualifying contribution of $250 could result in up to
$2,000 in public matching funds paid by New York City directly to
the campaign, significantly amplifying the impact of small
contributions. BENJAMIN was focused on soliciting and obtaining
contributions that were eligible to receive public matching funds,
and his Comptroller Campaign received at least approximately $2
million in public funds.
7. In or about dune 2021, BRIAN BENJAMIN, the defendant,
competed in, but did not win, a primary election for New York CityComptroller. Thereafter, BENJAMIN ceased to be a candidate for the
office of New York City Comptroller, but he continued to serve as
a New York State senator.
8. On or about August 26, 2021, the Governor of the State
of New York announced that BRIAN BENJAMIN, the defendant, would be
appointed as the new Lieutenant Governor of the State of New York.
BENJAMIN was sworn in as Lieutenant Governor on or about September
9, 2021.
The Bribery Scheme
Benjamin Asks CC-1 to Bundle Campaign Contributions
9. Onor about March 8, 2019, BRIAN BENJAMIN, the defendant,
attended a meeting at CC-1’s residence. At that meeting, BENJAMIN
told cC-1, in substance and in part, that BENJAMIN intended to run
for the office of New York City Comptroller, and that BENJAMIN
wanted CC-1 to procure numerous small contributions for his
Comptroller Campaign. In response, CC-1 told BENJAMIN, in
substance and in part, that CC-1 did not have experience bundling
political contributions in this manner; that CC-1's fundraising
efforts were focused on Organization-1; and that CC-1's ability to
procure contributions for BENJAMIN’s Comptroller Campaign was
limited, in part because potential donors from whom CC-1 was likely
to solicit contributions were the same donors from whom CC-1 had
solicited and intended to further solicit contributions fororganization-1. In response, BENJAMIN told CC-1, in substance and
in part, “Let me see what I can do.”
BENJAMIN Uses His Official Authority to
Allocate State Funds to Organization-1
10. Before the March 2019 meeting at CC-1’s residence, and
as part of the annual New York State budget process, BRIAN
BENJAMIN, the defendant, requested discretionary funding for
certain organizations and entities within his district. In
particular, in or about February 2019, BENJAMIN sent a letter on
his official senate letterhead to the senate’s Majority Leader,
providing a list of his legislative priorities and the
organizations for which BENJAMIN was requesting state funds.
Although BENJAMIN had been familiar with Organization-1 and its
charitable work in his district since at least in or about 2018,
that list did not include Organization-1.
11. In the February 2019 letter, BRIAN BENJAMIN, the
defendant, requested funding for, among other organizations, at
least one other non-profit organization based in Harlem
(“organization-2") that had an educational purpose. Unlike
organization-1, Organization-2 had submitted a request to
BENJAMIN’s senate office for grant funding in 2019.
12. In or about april 2019, a final New York state budget
was released that included funding directed to some, but not all,
of the organizations for which BRIAN BENJAMIN, the defendant, hadrequested funds. It did not include the funding that Organization-
2 had requested from BENJAMIN’s senate office.
13. On or about May 30, 2019, the senate’s Majority Leader
and senate staff informed certain senators, including BRIAN
BENJAMIN, the defendant, that they had been awarded additional
discretionary funding that each could allocate to organizations in
their districts for specified purposes. That additional funding
included, among other things, up to $50,000 that BENJAMIN could
allocate to school districts, libraries, or non-profit
organizations for educational purposes. BENJAMIN did not allocate
any portion of the $50,000 to Organization-2, or to any other
organizations with educational purposes listed in his February
2019 priorities letter.
14. Instead, on or about May 31, 2019, less than three months
after telling CC-1, in substance and in part, “Let me see what I
can do," BRIAN BENJAMIN, the defendant, called CC-1 and told cc-1
that BENJAMIN intended to procure a $50,000 grant for Organization-
a
15. Shortly thereafter, BRIAN BENJAMIN, the defendant, sent
a staff member a form allocating $50,000 in state funds to
organization-1. Another staff member submitted that form to senate
staff on or about June 3, 2019.
16. On or about June 19, 2019, the senate approved a
resolution that, among other things, allocated $50,000 toorganization-1. The resolution was sponsored by the senate’s
Majority Leader. Accordingly, the allocation to Organization-1 was
not publicly identified in the resolution as having been caused by
BRIAN BENJAMIN, the defendant. Although the resolution allocated
$50,000 to Organization-1, the State Grant was not immediately
disbursed because ‘additional process and approvals by
administering state agencies were required.
17. The following day, on or about June 20, 2019, BRIAN
BENJAMIN, the defendant, sent several text messages to CC-1,
including a screenshot of a page from the resolution that reflected
the $50,000 allocation to Organization-1, and a message that asked
cC-1, “Do you recognize the 3rd entity on the list?” CC-1 later
responded to BENJAMIN by saying, “I do very much--does it mean
what I’m hoping?” BENJAMIN then confirmed, in part, “Oh yes it
does. We passed the resolution yesterday! $50k. [. . -]| I will
call to discuss!”
CC-1 Makes and Procures Contributions
18. Approximately two weeks later, on or about July 8, 2019,
cc-1 met with BRIAN BENJAMIN, the defendant, at BENJAMIN’s senate
district office in Harlem (the “District Office”). During that
meeting, CC-1 gave BENJAMIN: (i) a $10,000 cashier’s check in the
name of one of CC-1's relatives who did not share CC-1's last name
(’Relative-1"); (ii) a $10,000 personal check in the name of
another of CC-1’s relatives who likewise did not share CC-1’s lastname (*Relative-2"); and (iii) a $5,000 check on behalf of a
limited liability company controlled by CC-1 (the “CC-1 LLC”).
Each check was made out to “Benjamin for New York,” which was
BENJAMIN’s senate campaign committee (the ‘Senate Campaign”).
Because BENJAMIN had not yet filed a certification regarding his
Comptroller Campaign with the CFB, BENJAMIN could accept campaign
contributions only to his Senate Campaign. As a state campaign,
the Senate Campaign was not eligible for public matching funds
available in New York City municipal races. During the same
meeting, BENJAMIN reminded CC-1, in substance and in part, of the
State Grant for Organization-1 and that BENJAMIN still expected
cc-1 to procure numerous small contributions for his Comptroller
campaign.
19. In the course of the meeting in the District Office, CC-
1 told BRIAN BENJAMIN, the defendant, information concerning
Relative-1 and Relative-2 that made clear to BENJAMIN that the
contributions were funded not by Relative-1 and Relative-2, but by
cC-1, ¢C-1 had made these contributions in the names of two other
individuals and the CC-1 LLC in an attempt to conceal any
connection between CC-1 and the contributions. BENJAMIN took the
three checks from CC-1, and gave CC-1 three blank contribution
forms that BENJAMIN directed CC-1 to complete. In BENJAMIN’s
presence, CC-1 provided certain information requested by each
form, and then signed the names of Relative-1 and Relative-2 onthe forms corresponding to each $10,000 contribution. CC-1 then
gave the forms back to BENJAMIN. After reviewing the forms,
BENJAMIN returned them to CC-1, and instructed CC-1 to provide
additional information on the forms regarding Relative-1 and
Relative-2. CC-1 did so, and returned the forms to BENJAMIN.
Despite knowing that the contributions purportedly made in the
names of Relative-1 and Relative-2 were in fact made and funded by
CC-1, BENJAMIN accepted the contributions.
20. On or about September 12, 2019, BRIAN BENJAMIN, the
defendant, attended an annual fundraising event for
organization-1. During that event, BENJAMIN presented CC-1 and
Organization-1 with an oversized novelty check in the amount of
$50,000. The novelty check was signed by BENJAMIN himself. This
reminder of BENJAMIN’s use of his official authority for
organization-1's benefit took place one week before BENJAMIN
became eligible to receive contributions to his Comptroller
Campaign.
21. After filing his certification with the CFB on or about
September 19, 2019, BRIAN BENJAMIN, the defendant, was permitted
to begin accepting funds for his Comptroller Campaign. In or about
early October 2019, BENJAMIN called CC-1 and specified the types
of contributions that BENJAMIN expected CC-1 to procure, including
that such contributions should be no more than $250, and paid for
by check or money order. That is, BENJAMIN sought to ensure thatCC-1 procured contributions that BENJAMIN believed to be eligible
for public matching funds. Shortly thereaftér, a member of
BENJAMIN’s staff emailed CC-1 a copy of the contribution form used
by the Comptroller Campaign.
22. From at least in or about October 2019 through at least
in or about January 2021, CC-1 provided numerous contributions to
the Comptroller Campaign (the “CC-1 Contributions”), many of which
were fraudulent. A number of the CC-1 Contributions were made in
the names of individuals who, in fact, had not authorized the
contributions. Certain other CC-1 Contributions were made in the
names of individuals who had not personally funded the
contributions, or who were reimbursed for such contributions.
23. During that same period, BRIAN BENJAMIN, the defendant,
communicated periodically with CC-1 about CC-1's ongoing
fundraising efforts. BENJAMIN also communicated with staff and
advisors for his Comptroller Campaign about CC-1’s fundraising
efforts, and specifically described certain contributions as
having been collected by CC-1. On more than one occasion, BENJAMIN
personally met with CC-1 to receive CC-1 Contributions. In one
instance, BENJAMIN met with CC-1 on the street to collect a bundle
of CC-1 Contributions. When CC-1 was procuring the CC-1
Contributions, the State Grant had not been disbursed and BENJAMIN
retained the ability to alter or withdraw it.
1024. Prior to in or about January 2021, Organization-1
continued working to navigate state administrative processes
necessary to ensure that the State Grant was in fact disbursed. on
or about January 4, 2021, a news outlet published an article
raising questions about the legitimacy of various contributions to
the Comptroller Campaign, including certain of the CC-1
Contributions. After that article was published, Organization-1
ceased its efforts to secure disbursement of the State Grant. To
date, the $50,000 has not been disbursed to Organization-1.
25. On or about October 21, 2020, during the course of and
as part of their corrupt relationship, BRIAN BENJAMIN, the
defendant, called CC-1 and said, in substance and in part, that if
CC-1 contributed $15,000 to a particular political campaign
committee (*Committee-1”), BENJAMIN would help CC-1 obtain a
zoning variance permitting construction on a property owned by CC-
1 in Harlem. In prior discussions, BENJAMIN and CC-1 had discussed
that obtaining a zoning variance would involve, among other things,
seeking approval from the local community board (the “Community
Board”), of which BENJAMIN had previously served as chair, and
BENJAMIN had told CC-1, in substance and in part, that it would be
very difficult to obtain such approval. On or about October 21,
2020, however, BENJAMIN told CC-1 that he would help Cc-1 obtain
the Community Board’s approval in return for a contribution to
Committee-1. On or about November 13, 2020, CC-1 contributed
a$15,000 to Committee-1. To date, the matter of the zoning variance
sought by CC-1 has not come before the Community Board.
BENJAMIN’ s Efforts to Conceal the Bribery Scheme
and His Corrupt Relationship with CC-1
26. From 2018 up to and including the period of his
consideration for, and service as, Lieutenant Governor of New York,
BRIAN BENJAMIN, the defendant, and others acting on his behalf and
at his direction, engaged in a series of lies and deceptions in
order to conceal the bribery scheme and BENJAMIN’s connection to
een,
27, In or about November 2019, the New York State Board of
Elections ("BOE") notified the Senate Campaign that it had failed
to file certain forms required to identify owners of several
limited liability companies ("LLCs") that had made contributions
to the Senate Campaign. Those LLCs included the CC-1 LLC, through
which CC-1 had made the $5,000 contribution to BRIAN BENJAMIN, the
defendant, during the meeting at BENJAMIN’s District Office on
July 8, 2019, only a few weeks after the State Grant had been
allocated to Organization-1. In or about January 2020, a member of
BENJAMIN’s staff sent BENJAMIN an email listing LLCs for which
disclosures were necessary, specifically identifying the CC-1 LLC
as being associated with CC-1, and asked BENJAMIN to obtain
ownership information about the CC-1 LLC and other LLCs. Within
minutes, BENJAMIN responded and asked, “What happens if someone
12refuses to provide the information?” Ultimately, although the
Senate Campaign provided the BOE with ownership information about
certain LLCs not associated with CC-1, it never provided such
information about the CC-1 LLC.
28. In or about February 2020, the CFB informed the
Comptroller Campaign that certain of the CC-1 Contributions were
ineligible for matching funds because, among other reasons, the
contributions had been funded by sequentially numbered money
orders. In response, in or about duly 2020, the Comptroller
Campaign submitted to the CFB forms indicating that certain of the
cC-1 Contributions had been procured by a particular individual
(“Individual-1"). In truth and in fact, and as BRIAN BENJAMIN, the
defendant, well knew, CC-1 had procured those contributions.
29, On or about January 4, 2021, a news outlet published an
article raising questions about the legitimacy of certain
contributions to the Comptroller Campaign, including, in
particular, certain of the CC-1 Contributions. The next day, in
response to the article, BENJAMIN’s Comptroller Campaign submitted
a misleading letter to the CFB that stated, in substance and in
part, that the Comptroller Campaign had no reason at the time to
question the legitimacy of the contributions, in light of, among
other things, Individual-1’s reputation in the community. When the
letter was submitted, however, BENJAMIN knew that the CC-1
13Contributions had in fact been procured by CC-1, not Individual-
1
30. On or about August 17, 2021, while BRIAN BENJAMIN, the
defendant, was under consideration to be appointed Lieutenant
Governor of the State of New York, BENJAMIN submitted an executive
appointment questionnaire to the New York State Office of General
Services addressing, among other things, his relationships with
political contributors. Despite BENJAMIN’s direct solicitation of
political contributions from CC-1 and his exercise of official
authority to allocate the State Grant to Organization-1, BENJAMIN
falsely stated, among other things, that he had never "directly
exercised [his] governmental authority (either as a Legislator or
Executive official) concerning a matter of a donor [he] directly
solicited.” Approxjmately two hours after BENJAMIN submitted the
questionnaire containing that false response, he called CC-1 for
the first time in six months.
31. On or about November 29, 2021, following public
reporting that questioned the accuracy of certain answers that
BRIAN BENJAMIN, the defendant, had provided in the questionnaire,
BENJAMIN submitted an amended questionnaire changing certain
answers and including an addendum with additional responses. In
his amended questionnaire, BENJAMIN again falsely stated that he
had never "directly exercised [his] governmental authority (either
as a Legislator or Executive official) concerning a matter of a
14donor [he] directly solicited.” Moreover, in the addendum,
BENJAMIN falsely added that while he regularly voted on legislation
with broad implications, he was “not aware of any specific matter
that related to a particular donor.” In fact, as BENJAMIN well
knew, he had exercised his official authority to allocate funds to
organization-1, CC-1's non-profit organization, and had repeatedly
directly solicited CC-1 for campaign contributions.
Statutory Allegations
COUNT _ONE
(Bribery and Honest Services Wire Fraud Conspiracy)
The Grand Jury charges:
32. ‘The allegations contained in paragraphs 1 through 31 of
this Superseding Indictment are repeated and realleged as if set
forth fully herein.
33. From at least in or about 2019, up to and including at
least in or about 2021, in the Southern District of New York and
elsewhere, BRIAN BENJAMIN, the defendant, and others known and
unknown, willfully and knowingly, did combine, conspire,
confederate, and agree together and with each other to commit
offenses against the United States, to wit: (1) bribery, in
violation of Title 18, United States Code, Section 666; and (2)
honest services wire fraud, in violation of Title 18, United states
Code, Sections 1343 and 1346.
34, It was a part and an object of the conspiracy that BRIAN
15BENJAMIN, the defendant, being an agent of the government of the
State of New York, which in a one-year period received benefits in
excess of $10,000 under a Federal program involving a grant,
contract, subsidy, loan, guarantee, insurance, and other form of
Federal assistance, corruptly would and did solicit and demand for
the benefit of a person, and accept and agree to accept, something
of value from a person, intending to be influenced and rewarded in
connection with a business, transaction, and series of
transactions of the State of New York involving something of value
of $5,000 and more, in violation of Title 18, United states Code,
Section 666 (a) (1) (B) .
35. It was further a part and an object of the conspiracy
that BRIAN BENJAMIN, the defendant, willfully and knowingly,
having devised and intending to devise a scheme and artifice to
defraud, and to deprive the public of its right to his honest
services as an elected legislator of the State of New York, would
and did transmit and cause to be transmitted by means of wire,
radio, and television communication in interstate and foreign
commerce, writings, signs, signals, pictures, and sounds, for the
purpose of executing such scheme and artifice, in violation of
Title 18, United States Code, Sections 1343 and 1346.
16Overt Acts
36. In furtherance of said conspiracy and to effect the
illegal objects thereof, the following overt acts, among others,
were committed in the Southern District of New York and elsewhere:
a. In or about May and June 2019, BRIAN BENJAMIN, the
defendant, used his official authority to allocate state funding
to Organization-1.
on or about June 20, 2019, BENJAMIN sent CC-1 a
text message informing CC-1 of the allocation of state funding to
organization-1.
c. On or about July 8, 2019, CC-1 gave directly to
BENJAMIN three checks totaling approximately $25,000, which were
written in the names of other people or entities, as contributions
to BENJAMIN’s Senate Campaign.
. From in or about 2019 to in or about 2021, CC-1
procured numerous contributions for BENJAMIN’s Comptroller
campaign.
(Title 18, United States Code, section 371.)
couNT two
(Bribery)
‘The Grand Jury further charge:
37. The allegations contained in paragraphs 1 through 31 and
36 of this Superseding Indictment are repeated and realleged as if
set forth fully herein.
1738. From at least in or about 2019, up to and including at
least in or about 2021, in the Southern District of New York and
elsewhere, BRIAN BENJAMIN, the defendant, being an agent of the
government of the State of New York, which in a one-year period
received benefits in excess of $10,000 under a Federal program
involving a grant, contract, subsidy, loan, guarantee, insurance,
and other form of Federal assistance, corruptly solicited and
demanded for the benefit of a person, and accepted and agreed to
accept, something of value from a person, intending to be
influenced and rewarded in connection with a business,
transaction, and series of transactions of the State of New York
involving something of value of $5,000 and more, to wit, BENJAMIN
solicited and received campaign contributions from CC-1 intending
to be influenced in connection with BENJAMIN’s use of official
authority and influence to obtain the State Grant for organization-
1
(Title 18, United States Code, Sections 666(a) (1) (B) and 2.)
COUNT THREE
(Honest Services Wire Fraud)
The Grand Jury further charges:
39, ‘The allegations contained in paragraphs 1 through 31 and
36 of this Superseding Indictment are repeated and realleged as if
set forth fully herein.
40. From at least in or about 2019, up to and including at
18least in or about 2021, in the Southern District of New York and
elsewhere, BRIAN BENJAMIN, the defendant, willfully and knowingly,
having devised and intending to devise a scheme and artifice to
defraud, and to deprive the public of its right to his honest
services as an elected legislator of the State of New York, did
transmit and cause to be transmitted by means of wire, radio, and
television communication in interstate and foreign commerce,
writings, signs, signals, pictures, and sounds, for the purpose of
executing such scheme and artifice, to wit, BENJAMIN solicited and
received campaign contributions from CC-1 in exchange for
BENJAMIN’s agreement to use, and actual use of, his official
authority and influence to obtain the State Grant for Organization-
1
(Title 18, United States Code, Sections 1343, 1346, and 2.)
COUNT FOUR
(falsification of Records)
The Grand Jury further charges:
41. The allegations contained in paragraphs 1 through 31 and
36 of this Superseding Indictment are repeated and realleged as if
set forth fully herein
42, In or about July 2019, in the Southern District of New
York and elsewhere, BRIAN BENJAMIN, the defendant, knowingly did
falsify and make a false entry in a record and document with the
intent to impede, obstruct, and influence the investigation and
19proper administration of a matter within the jurisdiction of a
department or agency of the United States, and in relation to and
in contemplation of any such matter, to wit, BENJAMIN falsified
contribution forms for contributions to his Senate Campaign by
directing CC-1 to provide information indicating such
contributions were made by others, when in fact, as BENJAMIN knew,
those contributions were made and funded by CC-1, with the intent
to impede, obstruct, and influence the investigation and proper
administration of a contemplated matter, which matter was within
the jurisdiction of the United States Department of Justice.
(Title 18, United states Code, Sections 1519 and 2.)
COUNT FIVE
(Falsification of Records)
The Grand Jury further charge:
43. ‘The allegations contained in paragraphs 1 through 31 and
36 of this Superseding Indictment are repeated and realleged as if
set forth fully herein.
44. In or about August 2021, in the Southern District of New
York and elsewhere, BRIAN BENJAMIN, the defendant, knowingly did
falsify and make a false entry in a record and document with the
intent to impede, obstruct, and influence the investigation and
proper administration of a matter within the jurisdiction of a
department or agency of the United States, and in relation to and
in contemplation of any such matter, to wit, BENJAMIN falsely
20indicated on an executive appointment questionnaire while under
consideration to be appointed Lieutenant Governor of New York that
he had never “directly exercised [his] governmental authority
(either as a Legislator or Executive official) concerning a matter
of a donor [he] directly solicited,” when in fact BENJAMIN had
procured the State Grant for Organization-1, which BENJAMIN knew
was controlled by CC-1, whom he had repeatedly solicited, with the
intent to impede, obstruct, and influence the investigation and
proper administration of a contemplated matter, which matter was
within the jurisdiction of the United States Department of Justice.
(Title 18, United States Code, Sections 1519 and 2.)
FORFEITURE ALLEGATIONS
45. As a result of committing the offenses alleged in
Counts One through Three of this Superseding Indictment, BRIAN
BENJAMIN, the defendant, shall forfeit to the United states,
pursuant to Title 18, United States Code, Section 981(a) (1) (c) and
Title 28, United States Code, Section 2461(c), any and all property
constituting or derived from proceeds obtained directly or
indirectly as a result of the commission of the said offenses,
including, but not limited to, a sum of money in United States
currency representing the amount of proceeds traceable to the
21commission of said offenses that the defendant personally
obtained.
Substitute Asset Provision
46. If any of the above-described forfeitable property, as
a result of any act or omission of the defendant:
cannot be located upon the exercise of due
diligence;
has been transferred or sold to, or deposited with,
a third party;
c. has been placed beyond the jurisdiction of the
court;
d. has been substantially diminished in value; or
e. has been commingled with other property which
cannot be divided without difficulty;
it is the intent of the United States, pursuant to Title 21, United
States Code, Section 853(p), to seek forfeiture of any other
property of the defendant up to the value of the forfeitable
property described above.
(Title 18, United States Code, Section 981;
Title 21, United States Code, Section 853; and Title 28, United
States Code, Section 2461.)
FOREPERSON DAMIAN WILLIAMS
United States Attorney
22Form No. USA-33s-274 (Ed. 9-25-58)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA,
BRIAN BENJAMIN,
Defendant.
SEALED SUPERSEDING INDICTMENT
82 21 Cr. 706 (JPO)
(18 U.S.C. §§ 371, 666,
1343, 1346, 1519, and 2.)
DAMIAN WILLIAMS
United States Attorney
Foreperson