US appeal court upholds US$131m Piarco airport judgment

The Florida Third District Court of Appeal has reaffirmed a $131 million judgment against businessman Steve Ferguson, marking the conclusion of a 19-year legal saga. Ferguson was accused of orchestrating a multimillion-dollar fraud scheme tied to the construction of Trinidad and Tobago’s Piarco International Airport. In a November 5 ruling, judges Thomas Logue, Monica Gordo, and Fleur Lobree upheld a Miami-Dade County jury’s verdict, which found Ferguson guilty of civil fraud, conspiracy to commit fraud, and violations of Florida’s Civil Remedies for Criminal Practices Act and the Racketeer Influenced and Corrupt Organizations Act (RICO). The court dismissed Ferguson’s argument that the Republic of Trinidad and Tobago failed to prove a ‘domestic injury,’ a critical requirement under federal RICO law. The judges highlighted evidence of bribes, bid manipulation, and money transfers through Miami-based companies and bank accounts, establishing Florida as a central hub for the fraudulent activities. The court also noted the use of Florida corporations to inflate bids, funnel kickbacks through Bahamian shell accounts, and purchase Miami properties for government officials involved in the conspiracy. The ruling emphasized Florida’s role as a global financial and business hub, underscoring the state’s interest in addressing criminal enterprises operating within its jurisdiction. The case, which began in 2004, saw most defendants settle or be dismissed before trial. In 2023, Ferguson and two co-defendants were found jointly liable for $32 million in damages, later tripled under Florida’s RICO provisions and increased to $131.3 million with prejudgment interest.