U.S. Can Confiscate Lehder’s Bahamian Assets, Jury Rules

Jurors in the trial of convicted Colombian cocaine smuggler Carlos Lehder decided Friday that the U.S. government can seize millions of dollars worth of Bahamian real estate and other property that prosecutors say Lehder used to bring tons of the drug into the United States.

The same jury had found Lehder, 38, guilty on all 11 drug-trafficking counts Thursday after seven days of deliberations.

Prosecutors say only two companies are legitimate among the six firms owned by Lehder on Norman’s Cay, the small island that they charge was the headquarters for his smuggling operation.

“The island is wrecked. It is trashed. But that is not to say it would not be of some future value,” U.S. Atty. Robert Merkle said.

Property Includes Homes

The issue of property forfeiture has to be considered separately under federal law. Lehder’s property on the island also includes an airstrip, a marina, three homes, a condominium and several planes.

According to Internal Revenue Service figures, Lehder earned an estimated $250 million in the cocaine business.

Prosecutors argued that the property must be seized to prevent others from taking over the operation. After 10 hours of deliberations the jury agreed Friday to all the forfeitures.

The question of how the government could take control of property in the Bahamas was not clear. Norman’s Cay falls under the jurisdiction of the Bahamanian government, but Merkle said the U.S. government would be able to seize the property. “It is not a Bahamanian island,” Merkle said. “It is Mr. Lehder’s personal property.”

Lehder faces up to life plus 150 years in prison and $350,000 in fines when he is sentenced on July 20.

Lawyers Disagree

Lehder’s attorney, Edward Shohat, told U.S. District Judge Howell W. Melton after the jury was dismissed Friday that under the U.S.-Colombia treaty in existence at the time of Lehder’s extradition, his client might face a maximum of only 30 years in prison. Merkle disagreed, and the judge asked both sides to submit briefs on the question.

Shohat said Lehder was taking his plight in stride and was looking forward to an appeal.

Lehder has been identified as being one of the leaders of the violent Medellin cartel.