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A federal appeals court on Friday reinstated bribery and fraud charges against former New York Lt. Gov. Brian Benjamin.

The decision by the 2nd U.S. Circuit Court of Appeals in Manhattan reversed a December 2022 ruling by a lower-court judge that wiped out the bulk of the case against the Democrat, leaving only records falsification charges.

The appeals court said in its written decision that a jury could infer from the alleged facts in the case that Benjamin promised to allocate $50,000 in state funds to a non-profit organization controlled by a real estate developer in return for campaign contributions from the developer.

“We conclude that the indictment sufficiently alleged an explicit quid pro quo,” the 2nd Circuit said. “Therefore, we reverse the judgment of the district court and remand for further proceedings.”

In an opinion written by Judge Steven J. Menashi, the three-judge panel concluded that Benjamin had fair warning that his alleged agreement with the developer “was illegal and that it would not become legal if he simply avoided memorializing it expressly in words or in writing.”

Benjamin’s lawyer, Barry Berke, noted in a statement that the tussle over the legal standard that applies to the allegations against his client came before a trial.

“Those allegations are false. The facts are clear that Mr. Benjamin did nothing other than engage in routine fundraising and support a non-profit providing needed resources to Harlem public schools, ”Berke said. “We remain confident that Mr. Benjamin will be vindicated in this case, which never should have been brought.”

A spokesperson for prosecutors declined comment.

Benjamin resigned as lieutenant governor after his April 2022 arrest. The arrest had created a political crisis for Gov. Kathy Hochul, a fellow Democrat who chose him to serve as second-in-command when she became governor following a sexual harassment scandal that drove from office her predecessor, Democrat Andrew Cuomo.

Benjamin was the state’s second Black lieutenant governor. During a state Legislature career that began in May 2017, he emphasized criminal justice reform and affordable housing. His district included most of central Harlem, where he was born and raised by Caribbean immigrant parents.

In tossing out the most serious charges in 2022, Judge J. Paul Oetken wrote that prosecutors failed to allege an explicit example in which Benjamin provided a favor for a bribe, an essential element of bribery and honest services fraud charges.


The Supreme Court on Monday unanimously restored Donald Trump to 2024 presidential primary ballots, rejecting state attempts to ban the Republican former president over the Capitol riot.

The justices ruled a day before the Super Tuesday primaries that states cannot invoke a post-Civil War constitutional provision to keep presidential candidates from appearing on ballots. That power resides with Congress, the court wrote in an unsigned opinion.

Trump posted on his social media network shortly after the decision was released: “BIG WIN FOR AMERICA!!!”

The outcome ends efforts in Colorado, Illinois, Maine and elsewhere to kick Trump, the front-runner for his party’s nomination, off the ballot because of his attempts to undo his loss in the 2020 election to Democrat Joe Biden, culminating in the Jan. 6, 2021, attack on the Capitol.

The justices sidestepped the politically fraught issue of insurrection in their opinions Monday.

The court held that states may bar candidates from state office. “But States have no power under the Constitution to enforce Section 3 with respect to federal offices, especially the Presidency,” the court wrote.

While all nine justices agreed that Trump should be on the ballot, there was sharp disagreement from the three liberal members of the court and a milder disagreement from conservative Justice Amy Coney Barrett that their colleagues went too far in determining what Congress must do to disqualify someone from federal office.

Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson said they agreed that allowing the Colorado decision to stand could create a “chaotic state by state patchwork” but said they disagreed with the majority’s finding a disqualification for insurrection can only happen when Congress enacts legislation. “Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President,” the three justices wrote in a joint opinion.

It’s unclear whether the ruling leaves open the possibility that Congress could refuse to certify the election of Trump or any other presidential candidate it sees as having violated Section 3.

Derek Muller, a law professor at Notre Dame University, said “it seems no,” noting that the liberals complained that the majority ruling forecloses any other ways for Congress to enforce the provision. Rick Hasen, a law professor at the University of California-Los Angeles, wrote that it’s frustratingly unclear what the bounds might be on Congress.


Sam Bankman-Fried’s lawyer said Tuesday that a suggested 100-year prison sentence for the FTX founder by an arm of the court is “grotesque” and “barbaric” and at most a term of a few years behind bars is appropriate for cryptocurrency crimes that the California man still disputes.

In presentence arguments filed just minutes before a late Tuesday deadline in Manhattan federal court, attorney Marc Mukasey said a report by Probation officers improperly calculated federal sentencing guidelines to recommend a sentence just 10 years short of the maximum potential 110-year sentence.

A spokesperson for prosecutors, who will respond in court papers in mid-March, declined comment. Mukasey noted, however, that prosecutors have agreed with the 100-year recommendation and say it was supported by trial evidence.

On March 28, Judge Lewis A. Kaplan will sentence the man prosecutors say cheated investors and customers of at least $10 billion in businesses he controlled from 2017 through 2022.

His FTX trading platform was perceived by some in the cryptocurrency industry as a pioneer before it collapsed into bankruptcy in November 2022, weeks before he was brought to the United States from the Bahamas for trial.

At a November trial, the man known for his casual clothing and wild hair was convicted of fraud and conspiracy charges by a jury that wasn’t swayed by Bankman-Fried’s testimony.

Mukasey wrote Tuesday that the Probation office miscalculated federal sentencing guidelines to justify its recommendation. A proper sentence, Mukasey said, would be based on guidelines that would call for between five years and 6 1/2 years in prison, at most.

When Bankman-Fried’s charitable works and his commitment to others are considered, an appropriate sentence would return him “promptly to a productive role in society,” the lawyer said. Mukasey signed the 90-page document that was also worked on by four other lawyers.

Mukasey said that the Probation office “recommends that the Court sentence Sam to 100 years in prison. That recommendation is grotesque.” He called on the judge to reject the “barbaric proposal” for a “brilliant, complex and humane person” who doesn’t use drugs, rarely drinks and is a first-time offender.

“Sam is not the ‘evil genius’ depicted in the media or the greedy villain described at trial,” Mukasey wrote. “Sam is a 31-year-old, first-time, non-violent offender, who was joined in the conduct at issue by at least four other culpable individuals, in a matter where victims are poised to recover — were always poised to recover — a hundred cents on the dollar.”

FTX was once the world’s second-largest crypto exchange and Bankman-Fried seemed to be flying high with the purchase of Super Bowl advertising and endorsement from celebrities including comedian Larry David and NFL superstar quarterback Tom Brady.

After his arrest, though, Bankman-Fried’s communications were found by the judge to be attempts to influence trial witnesses and he was jailed before trial.


Donald Trump has appealed his $454 million New York civil fraud judgment, challenging a judge’s finding that Trump lied about his wealth as he grew the real estate empire that launched him to stardom and the presidency.

The former president’s lawyers filed notices of appeal Monday asking the state’s mid-level appeals court to overturn Judge Arthur Engoron’s Feb. 16 verdict in Attorney General Letitia James’ lawsuit and reverse staggering penalties that threaten to wipe out Trump’s cash reserves.

Trump’s lawyers wrote in court papers that they’re asking the appeals court to decide whether Engoron “committed errors of law and/or fact” and whether he abused his discretion or “acted in excess” of his jurisdiction.

Trump’s appeal paperwork did not address whether Trump was seeking to pause collection of the judgment while he appeals by putting up money, assets or an appeal bond covering the amount owed to qualify for an automatic stay.

Messages seeking comment were left with Trump’s lawyers and the New York attorney general’s office. Engoron found that Trump, his company and top executives, including his sons Eric and Donald Trump Jr., schemed for years to deceive banks and insurers by inflating his wealth on financial statements used to secure loans and make deals. Among other penalties, the judge put strict limitations on the ability of Trump’s company, the Trump Organization, to do business.

The appeal ensures that the legal fight over Trump’s business practices will persist into the thick of the presidential primary season, and likely beyond, as he tries to clinch the Republican presidential nomination in his quest to retake the White House.

If upheld, Engoron’s ruling will force Trump to give up a sizable chunk of his fortune. Engoron ordered Trump to pay $355 million in penalties, but with interest the total has grown to nearly $454 million. That total will increase by nearly $112,000 per day until he pays.

Trump maintains that he is worth several billion dollars and testified last year that he had about $400 million in cash, in addition to properties and other investments. James, a Democrat, told ABC News that if Trump is unable to pay, she will seek to seize some of his assets.

Trump’s appeal was expected. Trump had vowed to appeal and his lawyers had been laying the groundwork for months by objecting frequently to Engoron’s handling of the trial.

Trump said Engoron’s decision, the costliest consequence of his recent legal troubles, was “election interference” and “weaponization against a political opponent.”

Trump complained he was being punished for “having built a perfect company, great cash, great buildings, great everything.” Trump’s lawyer Christopher Kise said after the verdict that the former president was confident the appeals court “will ultimately correct the innumerable and catastrophic errors made by a trial court untethered to the law or to reality.”

“Given the grave stakes, we trust that the Appellate Division will overturn this egregious verdict and end this relentless persecution against my clients,” Trump lawyer Alina Habba said.


Fulton County District Attorney Fani Willis took the witness stand Thursday and forcefully pushed back against what she described as “lies” about her romantic relationship with a special prosecutor during an extraordinary hearing over misconduct allegations that threaten to upend one of four criminal cases against Donald Trump.

A visibly upset Willis, who originally fought to stay off the witness stand, agreed to testify after a previous witness said her relationship with special prosecutor Nathan Wade began earlier than they had claimed. The district attorney’s testimony grew heated under questioning from a defense attorney who’s trying to remove Willis from Trump’s 2020 election interference case, with the prosecutor at one point raising papers in front of her and shouting: “It’s a lie!”

“Do you think I’m on trial? These people are on trial for trying to steal an election in 2020. I’m not on trial no matter how hard you try to put me on trial,” Willis told defense attorney Ashleigh Merchant. At another point, Willis said, “Merchant’s interests are contrary to democracy.”

Willis is expected to return to the witness stand on Friday to continue answer questions. The probing questions for Willis and for Wade, who testified before her, underscored the extent to which the prosecutors who pledged to hold Trump accountable are themselves now under a public microscope, with revelations about their personal lives diverting attention away from Trump’s own conduct and raising questions about the future of the case as Trump vies to reclaim the White House.

The revelation of Willis and Wade’s romantic relationship has provided an opening for Trump and his Republican allies to try to cast doubt on the legitimacy of Willis’ case, which the former president has characterized as politically motivated. Other Republicans have cited them in calling for investigations into Willis, a Democrat who’s up for re-election this year.


A verdict is expected Friday in Donald Trump’s New York civil fraud trial, adding to a consequential week on the former president’s legal calendar.

Trump could be hit with millions of dollars in penalties and other sanctions in the decision by Judge Arthur Engoron, who has already ruled that the former president inflated his wealth on financial statements that were given to banks, insurers and others to make deals and secure loans.

New York Attorney General Letitia James is seeking $370 million and a ban on Trump and other defendants from doing business in the state. A penalty like that could potentially wound the real estate empire that helped Trump craft his image as a savvy billionaire businessman and vaulted him to fame and the White House.

Engoron is set to rule after 2½ months of testimony from 40 witnesses, including Trump. Closing arguments were held Jan. 11. The judge is deciding the case because juries are not allowed in this type of lawsuit and neither James’ office nor Trump’s lawyers asked for one.

Engoron is expected to release his decision Friday, barring unforeseen circumstances that would necessitate a delay, court officials said.

It has already been a big week in court for Trump. On Thursday, a different New York judge ruled that Trump will stand trial March 25 on charges that he falsified his company’s records as part of an effort to buy the silence of people with potentially embarrassing stories about alleged infidelity. Trump says he is innocent.

If the schedule holds, it will be the first of his four criminal cases to go to trial.

Also Thursday, a judge in Atlanta heard arguments on whether to remove Fulton County District Attorney Fani Willis from Trump’s Georgia election interference case because she had a personal relationship with a special prosecutor she hired.

James’ office has estimated that Trump exaggerated his wealth by as much as $3.6 billion. State lawyers contend Trump used the inflated numbers to get lower insurance premiums and favorable loan terms, saving at least $168 million on interest alone.

Trump has denied wrongdoing and his lawyers have said they’ll appeal if Engoron rules against him.

The Republican presidential front-runner testified Nov. 6 that his financial statements actually understated his net worth and that banks did their own research and were happy with his business. During closing arguments in January, he decried the case as a “fraud on me.”

Engoron is deciding six claims in James’ lawsuit, including allegations of conspiracy, falsifying business records and insurance fraud. State lawyers alleged that Trump exaggerated his wealth by as much as $3.6 billion one year.

Before the trial, Engoron ruled on James’ top claim, finding that Trump’s financial statements were fraudulent. As punishment, the judge ordered some of his companies removed from his control and dissolved. An appeals court has put that on hold.


The Nevada Supreme Court on Thursday dismissed a defamation lawsuit brought by casino mogul Steve Wynn against The Associated Press over a story about two women’s accounts to police alleging he engaged in sexual misconduct.

The court cited state anti-SLAPP law in rejecting Wynn’s claim that he was defamed in the February 2018 AP article, which cited police documents. SLAPP, or strategic lawsuits against public participation, refers to court filings made to intimidate or silence critics.

“Nevada’s anti-SLAPP statutes were designed to limit precisely the type of claim at issue here, which involves a news organization publishing an article in a good faith effort to inform their readers regarding an issue of clear public interest,” the three-justice panel said in a unanimous opinion.

Wynn had argued that the documents failed to fully describe elements of a woman’s account that would have cast doubt on her allegation that he raped her in the 1970s in Chicago and that she gave birth to their daughter in a gas station restroom.

Lauren Easton, AP vice president of corporate communications said in a statement that the news organization is pleased with the ruling.

“We believe the Nevada Supreme Court made the right decision,” Easton said. Attorney Todd Bice, representing Wynn, said he was “surprised that the Court would change Nevada law and disregard the Nevada Legislature in order to extend legal protections to a news report that was determined to be false.”

He said Wynn’s legal team now is “considering all options.”

Wynn, the 82-year-old developer of a decadeslong casino empire, filed the lawsuit in April 2018 against AP, one of its reporters and Halina Kuta, the woman who made the claim. Two months earlier he had resigned as chairman and chief executive of Wynn Resorts.

Wynn has consistently denied sexual misconduct allegations, which were first reported in January 2018 by the Wall Street Journal.  

The case went to the state high court twice, after Clark County District Court Judge Ronald Israel first dismissed AP from the case in August 2018 on the grounds that it “fairly reported” information based on an official document, a police complaint by Kuta, even though authorities never investigated the allegation.

Las Vegas police said too much time had elapsed since Kuta said the events occurred in 1973 or 1974.

Neither accuser was identified in the AP report. Their names and other identifying information were blacked out in documents obtained by AP under a public records request. Las Vegas police refused to provide additional details.


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