After United States prosecutors moved to revoke former Premier Andrew Fahie’s $500,000 bond, a federal judge yesterday ruled that Mr. Fahie could be released from custody but doubled the amount of his surety to $1 million.
First, though, he must prove the bond money did not come from criminal activity.
In addition to the $500,000 corporate surety bond previously ordered by US courts, which includes 24/7 GPS monitoring and confinement to his daughters’ Miami apartment, the judge added a $500,000 personal surety bond to be signed by Mr. Fahie, his daughter, and a friend, according to the online docket in the case.
Additionally, the docket states, he must sign a worldwide extradition waiver.
If he accepts his bond offer, Mr. Fahie would be subject to 24/7 GPS and home confinement and would need to schedule a proceeding known as a Nebbia hearing, where he would be required to prove that the funds used to pay the bond have been sourced legally.
“The prevailing logic is that bond money should not come from the proceeds of drug trafficking,” states an explanation of Nebbia hearings on the website for Miami defence attorney Eric Matheny, adding, “You must provide a packet to the court that shows where the bond money is coming from.”
It is unclear if Mr. Fahie’s attorney, Theresa Van Vliet, has scheduled a Nebbia hearing, and neither she nor court officials responded to requests for comment.
US prosecutors have previously argued that Mr. Fahie would be a flight risk and danger to the community if released on bond, given his alleged criminal history and connections.
But Ms. Van Vliet has countered that the US’ argument rests solely on unproven, sometimes inconsistent, allegations, and that Mr. Fahie has strong ties to south Florida.