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Brief of respondent United States in - Main Document

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief of respondent United States in, Main Document (U.S. Nov. 8, 2024)
The court explained that “the phrase ‘in ex- change for’ * * * satisfied the quid pro quo require- ment of McCormick because it alleged an unambiguous agreement to exchange an official public act by [peti- tioner] for financial contributions from Migdol.” Id. at 23a-24a.
The defendant in that case, a county commissioner, was convicted under the Hobbs Act for accepting $8000, purportedly as a contribution to his reelection campaign, knowing that it was intended to se- cure his vote and lobbying efforts on a particular mat- ter.
Petitioner errs in suggesting that the statement pre- cludes conviction in a campaign-contributions bribery case whenever the parties to the bribe are careful never to directly articulate (at least around others) their oth- erwise evident quid pro quo arrangement.
Indeed, when directly confronted with cases involving campaign contributions, the First, Sixth, and Ninth Cir- cuits have all made clear that a quid pro quo need not be express in order to support a conviction.
No sound basis exists for petitioner’s request (Pet. 28-29) to grant the petition for a writ of certiorari, vacate the judgment of the court of appeals, and remand the case (GVR) in light of Snyder v. United States, 144 S. Ct. 1947 (2024).
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Brief of respondent United States in - Proof of Service

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief of respondent United States in, Proof of Service (U.S. Nov. 8, 2024)
v. [See Attached Service List] IN THE SUPREME COURT OF THE UNITED STATES No. 24-142
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Motion to extend the time to file a - Main Document

Document Brian Benjamin, Petitioner v. United States, 24-142, Motion to extend the time to file a, Main Document (U.S. Sep. 18, 2024)
Washington, D.C. 20530 September 18, 2024 Re: Brian Benjamin v. United States, No. 24-142
Honorable Scott S. Harris Clerk Supreme Court of the United States Washington, D.C. 20543
Dear Mr. Harris: The petition for a writ of certiorari in the above-captioned case was filed on August 5, 2024.
This extension is necessary because the attorneys with principal responsibility for preparation of the government’s response have been heavily engaged with the press of previously assigned matters with proximate due dates.
Sincerely, Elizabeth B. Prelogar Solicitor General
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Brief amici curiae of Current and Former - Certificate of Word Count

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief amici curiae of Current and Former, Certificate of Word Count (U.S. Sep. 9, 2024)
Case No. 24-142 Caption: Brian Benjamin v. United States of America As required by Supreme Court Rule 33. l(h), I certify that the document contains 5,286 words, excluding the parts of the document that are exempted by Supreme Court Rule 33. l(d).
I declare under penalty of perjury that the fore going is true and correct.
Sean McCarthy Record Press, Inc.
Sworn to before me on September 9, 2024
Notary Public, State of New York No. 0lOS6101366 Qualified in Kings County
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Brief amici curiae of Current and Former - Proof of Service

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief amici curiae of Current and Former, Proof of Service (U.S. Sep. 9, 2024)
Edward Gutowski being duly sworn, deposes and says that deponent is not party to the action, and is over 18 years of age.
That on the 9th day of September 2024 deponent served 3 copies of the within
NEW YORK ELECTED GOVERNl\IBNT OFFICIALS
c.:aL- Edward Gutowski Sworn to me this September 9, 2024
Notary Public, State of New York No. 010S6101366 Qualified in Kings County Commission Expires November 10, 2027 Notary Public Case Name: Brian Benjamin v. United States Docket/Case No. 24-142 (USSC)
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Brief amicus curiae of Due Process - Proof of Service

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief amicus curiae of Due Process, Proof of Service (U.S. Sep. 9, 2024)
) ) I, Simone Cintron, being duly sworn according to law and being over the age of 18, upon my oath depose and say that:
by sending three copies of same, addressed to each individual respectively, through FedEx Overnight Mail.
That on the same date as above, I sent to this Court forty copies of the within Brief for Amicus Curiae Due Process Institute in Support of Petitioner through the Overnight Next Day Federal Express, postage prepaid.
I declare under penalty of perjury that the foregoing is true and correct.
Notary Public State of New York No. 01BR6004935 Qualified in Richmond County Commission Expires March 30, 2026 #332216
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Brief amici curiae of Current and Former - Main Document

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief amici curiae of Current and Former, Main Document (U.S. Sep. 9, 2024)
Nonetheless, we have come together because we are gravely concerned that the legal standard adopted by the Second Circuit in this case is one that will change the existing rules for campaign fundraising and criminalize ordinary, ...
In none of these real-world hypotheticals was there anything like an explicit quid pro quo and yet in all of these cases, the government could investigate or even prosecute individuals for conduct that is commonplace and unremarkable in ...
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Brief amicus curiae of Due Process - Certificate of Word Count

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief amicus curiae of Due Process, Certificate of Word Count (U.S. Sep. 9, 2024)
As required by Supreme Court Rule 33.1(h), I certify that the document contains 5,344 words, excluding the parts of the document that are exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this 9th day of September, 2024.
Simone Cintron Sworn to and subscribed before me this 9th day of September, 2024.
Notary Public State of New York No. 01BR6004935 Qualified in Richmond County Commission Expires March 30, 2026 #332216
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Brief amicus curiae of Due Process - Main Document

Document Brian Benjamin, Petitioner v. United States, 24-142, Brief amicus curiae of Due Process, Main Document (U.S. Sep. 9, 2024)
The fact that none of the relevant anti-corruption statutes spell out what type of quid pro quo agreement is required to prove bribery also raises heightened fair notice concerns.
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Motion of United States for an extension - Main Document

Document Brian Benjamin, Petitioner v. United States, 24-142, Motion of United States for an extension, Main Document (U.S. Sep. 5, 2024)
U.S. Department of Justice Office of the Solicitor General
Honorable Scott S. Harris Clerk Supreme Court of the United States Washington, D.C. 20543
We respectfully request, under Rule 30.4 of the rules of this Court, an extension of time to and including October 9, 2024, within which to file the government’s response.
This extension is requested to complete preparation of the government’s response, which was delayed because of the heavy press of earlier assigned cases to the attorneys handling this matter.
Sincerely, Elizabeth B. Prelogar Solicitor General
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Motion to extend the time to file a - Main Document

Document Brian Benjamin, Petitioner v. United States, 24-142, Motion to extend the time to file a, Main Document (U.S. Sep. 5, 2024)
U.S. Department of Justice Office of the Solicitor General
Honorable Scott S. Harris Clerk Supreme Court of the United States Washington, D.C. 20543
We respectfully request, under Rule 30.4 of the rules of this Court, an extension of time to and including October 9, 2024, within which to file the government’s response.
This extension is requested to complete preparation of the government’s response, which was delayed because of the heavy press of earlier assigned cases to the attorneys handling this matter.
Sincerely, Elizabeth B. Prelogar Solicitor General
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Petition for a writ of certiorari filed - Certificate of Word Count

Document Brian Benjamin, Petitioner v. United States, 24-142, Petition for a writ of certiorari filed, Certificate of Word Count (U.S. Aug. 5, 2024)
Being duly sworn, I depose and say: 1.
That I am over the age of 18 years and am not a party to this action.
I am an employee of the Supreme Court Press, the preparer of the document, with mailing address at 1089 Commonwealth Avenue, Suite 283, Boston, MA 02215.
That, as required by Supreme Court Rule 33.1(h), I certify that the BRIAN BENJAMIN PETITION FOR WRIT OF CERTIORARI contains 7441 words, including the parts of the brief that are required or exempted by Supreme Court Rule 33.1(d).
I declare under penalty of perjury that the foregoing is true and correct.
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Petition for a writ of certiorari filed - Petition

Document Brian Benjamin, Petitioner v. United States, 24-142, Petition for a writ of certiorari filed, Petition (U.S. Aug. 5, 2024)
In the decision below (which reversed the district court’s pretrial dismissal of the bribery charges in the indictment under McCormick), the Second Circuit held that there is “a single quid pro quo requirement that applies regardless of whether the case involves purported campaign contributions,” and that the agreement “may be inferred from the official’s and the payor’s words and actions.” App.9a.
The indictment alleges that a bribery scheme was set in motion during a meeting on March 8, 2019, when Mr. Benjamin told Gerald Migdol—a longtime supporter who was active in the Harlem community— that he planned to run for New York City Comptroller and asked him to obtain small-dollar contributions for that campaign.
Absent a clear rule applying a heightened standard erring on the side of protecting free speech, bribery prosecutions in this context threaten to elide the distinction between legitimate political activity and truly corrupt bargains.
The disagreement among the circuits and the government’s own vacillating view on when and how McCormick applies have resulted in great unfairness to federal, state, and local candidates, officeholders, and constituents, who deserve fair notice of what con- stitutes criminal conduct.
And in the decision below, the Second Circuit held that, under McCormick, it was enough for the government to simply include the words “in exchange for” in the indictment— the same standard that would apply were Mr. Benjamin charged with accepting bags of cash or bars of gold for steering lucrative contracts to a corporation.
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Petition for a writ of certiorari filed - Appendix

Document Brian Benjamin, Petitioner v. United States, 24-142, Petition for a writ of certiorari filed, Appendix (U.S. Aug. 5, 2024)
Subsequent Second Circuit cases—albeit none involving bribery in the form campaign contributions —have confirmed that the court interprets Evans to have modified the standard of proof solely in non campaign contribution cases.
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Petition for a writ of certiorari filed - Proof of Service

Document Brian Benjamin, Petitioner v. United States, 24-142, Petition for a writ of certiorari filed, Proof of Service (U.S. Aug. 5, 2024)
CERTIFICATE OF SERVICE NO. TBD Brian Benjamin, Petitioner, Respondent. v. United States of America, STATE OF MASSACHUSETTS ) COUNTY OF NORFOLK ) SS.: Being duly sworn, I depose and say under penalty of perjury: 1.
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