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Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor

We now have an opportunity to see whether the volume of campaign contribution bribery cases in the Second Circuit increases, and whether the government brings any cases that appear to infringe on the First Amendment interests of campaign contributors and candidates.

21 minute read June 01, 2024 at 12:11 AM
By
Paul Tuchmann
Second Circuit Holds No Special Standard for Charging Campaign Contributions As Bribes, Reinstates Charges Against Former NY Lieutenant Governor

On March 8, 2024, the United States Court of Appeals for the Second Circuit issued an opinion reversing the dismissal of the three top counts in the indictment of Brian Benjamin, New York's then-sitting Lieutenant Governor: federal programs bribery (in violation of 18 U.S.C. §666(a)(1)(B)), honest services wire fraud (in violation of 18 U.S.C. §§1343 and 1346), and a conspiracy to commit those crimes.

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