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Steve Ferguson - The Florida Third District Court of Appeal has again upheld the US$131 million judgment against businessman Steve Ferguson, concluding a 19-year legal battle that accused him of orchestrating a multimillion-dollar fraud scheme tied to the construction of the Piarco International Airport.
In a ruling on November 5, Third District Court of Appeal judges Thomas Logue, Monica Gordo and Fleur Lobree affirmed a Miami-Dade County jury’s finding that Ferguson committed civil fraud, conspired to commit fraud, and violated Florida’s Civil Remedies for Criminal Practices Act and the Racketeer Influenced and Corrupt Organizations Act, or RICO. The ruling rejected Ferguson’s arguments that the Republic of Trinidad and Tobago had not proven a “domestic injury,” a key requirement under federal RICO law.
“We deny appellant’s motion for rehearing, rehearing en banc, and certification…
“Following 19 years of litigation, with six related interlocutory proceedings and a month-long trial, Steve Ferguson appeals from a final judgment rendered upon a jury verdict finding that he committed civil fraud, conspiracy to commit fraud, and violated Florida’s Civil Remedies for Criminal Practices Act, and Florida Statutes (portions of “Florida’s Civil RICO Act”). Upon our thorough review of the voluminous record evidence viewed in the light most favourable to the jury verdict, we affirm on all grounds,” the court’s opinion said.
Judge Lobree said evidence showed the fraud had significant connections to Florida, including bribes, bid manipulation, and money transfers through Miami-based companies and bank accounts. “A domestic injury occurred in Florida where, over multiple years, wrongful acts and plans were devised, initiated, and carried out,” the opinion stated. The judges referred to meetings, fake invoices, and destruction of evidence that took place in Miami in coming to their decision.
Judge Logue concurred, emphasising that Florida’s civil RICO statute does not explicitly require proof of domestic injury but that Ferguson’s conduct still met the test under federal standards.
“I believe the evidence before the jury, interpreted in the light most favourable to its verdict, contains sufficient competent, substantial evidence to support a finding that these three elements were established.”
The court detailed how Ferguson and his co-conspirators used Florida corporations to inflate bids by millions of dollars, funnelled kickbacks through shell accounts in the Bahamas, and purchased Miami properties for government officials involved in the conspiracy.
“Key evidence was located and destroyed in Florida. Some payments to advance the conspiracy occurred entirely in Florida, and funds to advance the conspiracy flowed into and out of Florida.
“The conspiracy involved United States citizens and United States firms. Finally, to pay for part of the project, TT obtained a loan in the form of a letter of credit from a bank in Miami…These circumstances establish that the injury at issue did not ‘rest entirely on injury suffered abroad.’”
The opinion added, “Florida is a world destination for finance, business, and construction. In interpreting Florida’s presumption against extraterritoriality, the sovereign state of Florida has a clear interest in preventing, punishing, and providing a remedy for those damaged in part in Florida and in part abroad, as occurred here, by this type of criminal enterprise operating out of Florida.
“Here, TT sufficiently established a domestic injury under Florida Civil RICO.”
In September, the appellate court also upheld the jury’s verdict but substituted that decision with the November 5 opinion while dismissing Ferguson’s motion for a rehearing.
The case began in 2004, when TT sued Ferguson and dozens of co-defendants for allegedly inflating construction contracts and concealing payments connected to the airport’s development. Most defendants settled or were dismissed before trial.
After a month-long jury trial in 2023, Ferguson and former minister Brian Kuei Tung and US businessman Raul Guitierrez Jr were found jointly liable for more than US$32 million in damages, later tripled under Florida’s RICO provisions and increased by prejudgment interest to US$131.3 million.
English (US) ·