Cleans up his act
Lt. gov fixes answers on background check
New state records revealed on Monday that Lt. Gov. Brian Benjamin has changed his answers on state background check forms — two weeks after the Daily News reported he provided incorrect information on his original disclosure before being sworn in as Gov. Hochul’s second-in-command.
The updated background check and an addendum submitted by Benjamin late last month diverge from his original submission in several key places.
Benjamin changes his answer to a key question about ethics: “Have you or any member of your … staff ever been accused of a violation of ethics, campaign or election laws, rules, or regulations, or any other public trust violation?”
In his first response, signed Aug. 16, Benjamin writes “No.” On the second go-around, Nov. 26, Benjamin responds “Yes.”
The former Harlem state senator also changed his response to a second question inquiring whether he had been contacted by a “regulatory body” about “any possible legal, regulatory, ethical, or campaign finance, infraction or violation or investigation.” Benjamin changed his answer from a “No” to a “Yes.”
The News’ reporting on the demonstrably false statements Benjamin initially provided on the forms prompted Hochul to say on Nov. 24 that Benjamin was “correcting the record.”
Before she announced on Aug. 26 that Benjamin would become lieutenant governor, he had to contend with at least two inquiries into his campaign finances. One stemmed from his city comptroller campaign donations that are now being scrutinized by federal prosecutors; the other came in connection to his use of a Senate campaign committee to pay for expenses related to a wedding celebration.
Benjamin’s answers on his first background check also contradicted statements he made to The News on Sept. 9, right after he was sworn in as lieutenant governor. At the time, he said the state Board of Elections contacted him in early August about his use of the Senate account to pay for “constituent services” at a Harlem jazz club — a payment that came at almost the exact same time he and his wife held a wedding celebration there.
Soon after, Benjamin’s then-spokesman Jordan Bennett said the “initial email” from the elections board came during the week of Aug. 1, about two weeks before Benjamin signed off on the background check form.
Benjamin refers several times to an addendum on his latest form. In it, he concedes that as a candidate, he has “had many interactions with regulatory bodies that oversee elections and campaign finance matters.”
“To the extent that any such body has contacted me regarding a possible legal, regulatory, ethical, or campaign finance, infraction or violation or investigation thereof, the matter was fully resolved with no findings of any violation,” he writes.
His spokesman Will Burns added that as soon as Benjamin became aware of his “inadvertent errors,” he reviewed the information with a lawyer and submitted an amended form.
Benjamin changed answers to other questions on his amended form as well.
When asked if donors to his political fund-raising arm “receive money, directly or indirectly, from the state,” Benjamin switched his answer to “Yes” and added “See addendum.”
He made the same change when asked if he expects donors to appear before him on state business.
And unlike in his first filing, Benjamin affirms on the most recent form that a lobbyist he has employed has lobbied him in his official government capacity.
The updated forms came to The News through a Freedom of Information request to the state’s Office of General Services, and most of the information on the documents was redacted. Some redactions include answers to questions regarding Benjamin’s personal financial record, including whether he has ever had a lien placed against his property or experienced a foreclosure.
On the addendum, Benjamin notes that he had a “judgment and/or lien” placed against him, including on a property he had owned in Providence, R.I., that was foreclosed on. He notes the matter has “since been resolved.”