Andrew Fahie, the former Premier of the British Virgin Islands, has denied playing a leading role in the drug conspiracy for which he was convicted earlier this year.
Fahie was found guilty in February 2024 on charges of conspiracy to import cocaine, money laundering, and foreign travel in aid of racketeering.
Last week, in a filing in the Southern District of Florida, Fahie’s legal team responded to the prosecution’s objections to the Pre-sentence Investigation Report, which suggested enhancements in his sentencing based on Fahie’s alleged role as a leader in his criminal activities.
The prosecution contended that the former Premier was “an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive.”
However, Fahie’s lawyers argued that the evidence presented during the trial does not support the prosecution’s claim.
They maintain that Fahie was not the driving force behind the conspiracy, emphasizing that the lead roles were played by undercover agents and informants controlled by the U.S. government. The scheme, they claim, was orchestrated and manipulated to trap Fahie.
Inconsistencies in characterization
The response also highlighted key points to counter the prosecution’s stance, pointing out inconsistencies in the prosecution’s characterization of Fahie’s involvement and authority within the conspiracy.
For instance, during the trial, the prosecution’s own evidence suggested that Fahie’s actions were primarily directed or influenced by other participants, such as Oleanvine Maynard and Roxanne Sylvester, who were allegedly deeply involved in the planning and execution phases of the operations.
Fahie’s team also refuted the claim that he exercised decision-making authority over the criminal operations.
They argued that the meetings and decisions were significantly steered by others within the conspiracy, particularly the confidential source (CS) who was central to the prosecution’s case.
The filing also clarified that Fahie’s role in the alleged conspiracy was not as an organizer but was misconstrued and overstated by the prosecution.
The response dismissed the notion that Fahie was responsible for recruiting other participants, including claims that he directed high-ranking Customs officials.
They described these allegations as lacking substantive evidence and context, pointing out that much of the U.S. government’s narrative was built around out-of-context snippets from intercepted communications.
The legal document also countered additional sentencing enhancements related to Fahie’s alleged abuse of trust and leadership in the conspiracy. His attorneys argued that these enhancements constitute ‘double counting’, which they claimed are based on the same aspects of his conduct.
Fahie, 53, was convicted of cocaine smuggling and money laundering charges on February 8, 2024.
He had been arrested on April 28, 2022, along with the BVI’s Ports Authority managing director, Oleanvine Pickering Maynard, who pleaded guilty and was recently sentenced to nine years in prison.
The former BVI premier faces the possibility of life in prison and a US$10 million fine, but his lawyers are asking the judge to sentence him to a 10-year jail term.
