Judge Dismisses Complaint Against Ex-FBI Officials
A federal magistrate dismissed charges accusing two former FBI officials of misleading Congress about a laptop tied to Hunter Biden.
Updated on Nov. 2, 2026 in Financial Crime
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U.S. Magistrate Judge Zia Faruqui dismissed a criminal complaint on Monday against former FBI officials Nikki Floris and Bradley Benavides. The complaint had accused them of misleading Congress in 2023 about a laptop linked to Hunter Biden.
Why it matters
The dismissal removes, for now, a case that raised questions about how the Justice Department pursued charges against former FBI personnel. The Justice Department may still seek a grand jury indictment, so the matter is not necessarily closed.
The criminal complaint was dismissed Monday by U.S. Magistrate Judge Zia Faruqui, and the Justice Department may still pursue a grand jury indictment. A preliminary hearing last week saw the judge criticize an amended complaint filed without court clearance.
The players
Nikki Floris
Floris is a former FBI official who was named in the dismissed criminal complaint.
Bradley Benavides
Benavides is a former FBI official who was named alongside Floris in the dismissed criminal complaint.
Zia Faruqui
Faruqui is a U.S. magistrate judge who dismissed the criminal complaint on Monday.
Kash Patel
Patel is the FBI director who mandated the investigation and kept close watch on it.
The details
The Justice Department charged the case through a criminal complaint rather than an indictment, and filed an amended complaint with an additional charge without court approval. An FBI agent testified that the investigation was opened hours after Trump gave an election security speech last July, and FBI Director Kash Patel mandated the probe. The Justice Department says Hunter Biden dropped off the laptop at a Delaware computer repair shop in 2019.
Timeline
2019: Laptop dropped off at a Delaware computer repair shop.
2020: Floris and Benavides gave lawmakers a defensive briefing.
2023: Alleged misleading of Congress occurred.
July 2025: Investigation opened after Trump's election security speech.
Last week: Judge criticized the amended complaint at a preliminary hearing.
Legal Context
The case centers on whether the 2020 defensive briefings to lawmakers about the Hunter Biden laptop were accurately described in later congressional testimony. The matter reflects how the Justice Department has chosen between criminal complaints and grand jury indictments in politically sensitive cases.
The outcome affects how federal charges against former law enforcement officials are handled and whether the case returns through a grand jury. Readers following federal oversight of congressional testimony may track whether an indictment follows.
The takeaway
Dismissal of a complaint does not end a case when prosecutors can seek an indictment, so the grand jury decision is the next point to watch. Readers should note that the facts described here reflect allegations and government positions that have not been adjudicated.
What happens next
The Justice Department may pursue a grand jury indictment against Floris and Benavides, a decision that remains pending.
Further reading
Explore more on Financial Crime coverage for context on related federal prosecutions.
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