GOVERNMENT'S MEMORANDUM OPPOSING BAIL FOR FAHIE PAINTS A DARK, SORDID PICTURE OF THE FORMER BVI PREMIER

 

The US Attorney's Office filed a seventeen-page Motion to Stay Pending Review, and Motion for Revocation of Bond, in response to the defendant's Portion to dismiss it appeal of the order setting bond conditions. It details the former Premier's admitted decades of crime and corruption, and should put to rest any chances that the District Judge will approve a bond in any form. There are too many Red Flags.

Both Risk of Flight and Lack of Ties to there Community, the two factors which the Court must take in consideration during any deliberation over whether bond should be granted, are extensively covered in the filing, using the facts that appear in the arrest affidavit to demonstrate that there is a genuine chance that he will simply cut off the ankle monitor, and take a private aircraft or vessel, to leave the United States, and  avoid prosecution, still another factor that justifies Pretrial Confinement.

The motion points out that a computation of his guidelines sentence could be 360 months to Life Imprisonment; Life under the US Sentencing Reform Act is life without Parole, which has been abolished under Federal law, and it notes that any potential sentence of ten years or more raises a presumption adverse to the defendant, regarding bond. Risk of flight is just too great, given the potential sentence.

Finally, the motion points out that the so-called residence of the defendant's college daughters in Miami as a proper place for him to be placed under Home Confinement (House Arrest) is not quite accurate. His children are NOT in university in Miami; they attend college out of state, and are taking classes remotely from there, meaning that they will eventually be moved back to college, for in-person studies. Who will then supervise and be accountable for the defendant, we wonder ?

Obviously, bond is not appropriate for Andrew Fahie, and he had better accept that fact. Given his reputed cooperation with US law enforcement, to mitigate his anticipated long sentence, he has more important things to worry about, like his next 30 years.