BVI: Fahie appeal takes aim at informant, verdict and ‘undetectable’ coke

Two years after former premier Andrew Fahie was found guilty of conspiring to smuggle cocaine into the United States, he is taking his fight to the next level.

Last week, Mr. Fahie’s lawyer filed a formal appeal in the United States Court of Appeals for the Eleventh Circuit, arguing that his convictions should be tossed out because the US government hid damaging information about its star confidential informant, failed to prove the cocaine charge as required by law, and mishandled warning signs that the jury’s verdict may not have been unanimous.

The appeal is Mr. Fahie’s main legal path forward after a trial that ended in a sweeping guilty verdict and a prison sentence of 11 years and three months.

Now, the Eleventh Circuit will decide if the conviction stands or if the case that shook the Virgin Islands should be tossed out or head back to court.

Sting operation and arrest

Mr. Fahie was arrested in Miami on April 28, 2022, after an elaborate sting operation carried out by the US Drug Enforcement Administration.

As part of the sting, undercover operatives posed as members of Mexico’s Sinaloa Cartel, asking Mr. Fahie and his co-conspirators to help facilitate the “free passage” of cocaine through VI waters on the way to Puerto Rico, according to prosecutors.

During Mr. Fahie’s trial in February 2024, jurors heard clandestine recordings of a DEA confidential source — who Mr. Fahie knew as “Roberto Quintero” — explaining to Mr. Fahie that the cartel’s cocaine would be concealed as waterproof construction materials.

In exchange for turning a blind eye to the shipments, Mr. Fahie expected to receive an initial $500,000 in cash and a cut of the proceeds from future drug sales, prosecutors said during his trial.

On Feb. 8, 2024, a unanimous jury found Mr. Fahie guilty of all four counts against him: conspiracy to import five kilograms or more of cocaine; conspiracy to engage in money laundering; attempted money laundering; and foreign travel in aid of racketeering.

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Fahie appeal takes aim at informant, verdict and ‘undetectable’ coke

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