Former Premier of the Virgin Islands Andrew Fahie along with Managing Director of the BVI Ports Authority Oleanvine Maynard and her son Kadeem Maynard will be required to forfeit all property gained in relation to their ongoing criminal case if convicted in the United States.
This is according to court documents obtained by 284News which revealed that the trio is jointly indicted on three charges, including conspiracy to import a controlled substance, conspiracy to engage in money laundering, and attempted money laundering.
The document said, “Upon conviction of a violation of Title 21, United States Code, Sections 841, 846, 952(a), and/or 963, as alleged in this Indictment, the defendants shall forfeit to the United States, any property constituting, or derived from, any proceeds obtained, directly or indirectly, as a result of such offense, and any property used, or intended to be used, in any manner or part, to commit, or to facilitate the commission of, such offense, pursuant to Title 21, United States Code, Section 853.”
It added, “Upon conviction of a violation or conspiracy to violate Title 18, United States Code, Section 1956, as alleged in this Indictment, the defendants shall forfeit to the United States, any property, real or personal, involved in such offense, and any property traceable to such property, pursuant to Title 18, United States Code, Section 982(a)(1).”
Substitute property to be seized if proceeds can’t be located
The document further said that if the property which is subject to forfeiture cannot be obtained, then the United States will be “entitled to the forfeiture of substitute property pursuant to Title 21, United States Code, Section 853(p).”
This will result if the property which cannot be located; has been transferred or sold to, or deposited with a third party; has been placed beyond the jurisdiction of the Florida court; has been substantially diminished in value; and if the property has been commingled with other property which cannot be divided without difficulty.
Maximum of up to life in prison
The documents also revealed that the trio is facing a maximum of life in prison if convicted on the charge of conspiracy to import a controlled substance and two maximum sentences of 20 years each if convicted for conspiracy to engage in money laundering, and attempted money laundering.
Motion filed to dismiss bond appeal
Meanwhile, Fahie’s Attorney Theresa Van Vliet has filed a motion to dismiss the prosecutors’ appeal on the previously granted corporate bond.
Judge Alicia Otazo-Reyes had granted Fahie a $500,000 corporate bond which was quickly appealed by prosecutors following the ruling.
Attorney Van Vliet filed the motion to dismiss the appeal on Tuesday May 10, arguing that the prosecutors were taking too long to locate a transcript that is needed for their appeal.
She said under the local court rules, such a transcript should have been obtained within a 48-hour window, stating that her client has now spent an additional five days in custody as a result of the prosecutors’ slow turnaround time.
“While we recognize that the failure to comply with this Court’s Rules does not fall at the feet of the Government, it is, or should be, of no moment. Mr. Fahie was entitled to have this appeal well along its way by now. Through no fault of his own, that is not the case and he continues to sit in detention in spite of a finding by a Magistrate Judge that there are conditions of release which will ensure his appearance,” Attorney Van Vliet stated.
She added, “Given that the 48-hour window closed almost four days past, Mr. Fahie respectfully requests that the Government’s NOA (notice of appeal) be dismissed or, alternatively, that the stay of bond be lifted or denied to the extent is sought to be renewed and that he be permitted to post the bond set by Magistrate Judge Otazo-Reyes on May 4, 2022.”
Fahie’s arraignment is set for Wednesday May 25.