Tuesday, August 20, 2024

A CLOSER LOOK AT FORMER BVI PREMIER ANDREW FAHIE'S CASE REVEALS MORE PARTICIPANTS THAN REPORTED BY MAJOR MEDIA; BVI NOW HAS THE ATTENTION OF THE UK FOREIGN SECRETARY


If you are a good compliance officer, you know that, while access to a Pre-Sentence Investigation Report (PSI) in Federal criminal cases is restricted and non-public, sometimes you can learn some important details when the prosecutor or defense counsel file objections to it, which are generally available to anyone reviewing the court file. The US Attorney's response to the PSI in former BVI Premier ANDREW FAHIE's case is an eye-opener about the level of corruption in the British Territory, which has local autonomy, and which has become a very public topic of concern for the United Kingdom's Foreign Secretary, DAVID LAMMY, if you follow UK politics.

The South Florida Asst. US Attorney who is handling the Fahie case pointed out that the ex-Premier should be determined by the Court to have a Sentence Enhancement as the Leader/Organizer of the criminal organization charged in the case, but there are only two other co-defendants. A closer look shows that Fahie recruited additional accomplices, that he had a degree of control and authority over them. and that he had what is known in the Sentencing Guidelines as Decision-Making Authority regarding them. There are other participants named in the reply, although we do not known whether they were charged or given immunity from prosecution for their cooperation.

Be aware that the fact that there were a larger group of players never appeared in major media's coverage of the case, because, frankly, most journalists have no legal research training, and did not know where to look to extract important additional information in minor court filings. The case was bigger than we thought, in the amount of criminal participants.

We do note that Foreign Secretary David Lammy, himself having Caribbean roots, has been repeatedly drawing attention to the situation in the British Virgin Islands, regarding rampant money laundering, opaque corporations, and systemic corruption, and unlike his predecessors, appears determined to actually do something about it. We will be watching to see what action he chooses to take take, and support him in his quest, without reservation. Clean up the BVI, Mr. Secretary.

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