Former British Virgin Islands premier Andrew Fahie has filed an appeal challenging his February 2024 U.S. conviction on drug and money laundering charges, arguing that the government’s sting operation involved a substance “that would never test positive” for cocaine and that critical information about the credibility of a confidential informant was withheld from the court.
According to the Initial Brief of Appellant filed earlier this week with the United States Court of Appeals for the Eleventh Circuit, Fahie is seeking to overturn his conviction on three primary grounds. He was sentenced to more than 11 years in prison after being convicted of conspiracy to import five kilogrammes or more of cocaine, conspiracy to engage in money laundering, attempted money laundering, and foreign travel in aid of racketeering.
Fahie’s attorneys argue that the trial court erred in refusing to dismiss the indictment, citing what they describe as “significant government misconduct.” The brief notes that a Mexican judicial officer previously found the same confidential informant used in Fahie’s case to have “credibility and reliability issues,” which led to the dismissal of corruption charges against Mexican officials. The appeal contends that U.S. authorities were aware of this adverse credibility finding but failed to disclose it during bond proceedings or at trial.
A second central argument focuses on the substance at the heart of the conspiracy charge. The filing states that the informant repeatedly described the shipment as liquid construction materials that had been chemically treated so they would “never, never, never” test positive for cocaine during inspections. According to the brief, cocaine could only be extracted after a four-day chemical process in Puerto Rico, meaning the substance in transit could not be detected as cocaine. Fahie’s attorneys argue this undermines the government’s ability to prove the presence of a “detectable amount of cocaine,” a requirement under federal law.
The appeal also raises concerns about jury unanimity. After the verdict, two jurors reportedly expressed dissatisfaction with the outcome, with one claiming the verdict delivered was not hers at the time she answered during polling. Although the district court conducted a limited inquiry, it declined to grant a mistrial.
Fahie’s attorneys have asked the appellate court to dismiss the indictment, vacate the cocaine conspiracy conviction, or order a mistrial or further evidentiary hearing on the jury issue.
