Akasha brothers to know fate on March 15 in drug trafficking case

The US federal judge presiding over the drug-trafficking case of Baktash and Ibrahim Akasha has rescheduled the brothers' sentencing date to March 15. Sentencing had earlier been set for February 1.

The postponement means the Akashas will have been held in New York detention centres for more than two years when they finally learn their fate.

As part of a deal made in October with US prosecutors, each is facing a prison term that could range from 10 years to life. The brothers agreed to plead guilty to seven criminal charges, including payment of bribes to unnamed Kenyan officials.

The terms of the agreement also indicate that the Akashas may each be fined up to $10 million and be required to forfeit all the money obtained through their confessed drug dealings.

Judge Victor Marrero acceded last week to a request by defence attorneys for postponement of sentencing on the grounds that they needed more time to develop information on potentially mitigating factors.

Baktash Akasha’s attorney George Goltzer told the court in a letter that his client "has an extensive family that includes multiple wives, children, nieces, nephews, cousins, aunts, uncles and his mother, for which he has provided support throughout his life."

Mr Goltzer further noted that because Baktash is a Kenya national, "additional efforts will be needed to obtain documents and information" germane to sentencing considerations.

Judge Marrero has the authority to impose whatever sentence he deems fit for each of the brothers. The terms agreed to in the October plea deal have an advisory status that the judge may well decide to accept.

US prosecutors said recently in a separate letter to Judge Marrero that they would not oppose the defendants' request for a postponement of sentencing. But the prosecutors added that they would probably oppose any move to further delay the sentencing.

As part of US court procedures, defendants who have pleaded guilty to or been convicted of federal offences are interviewed by a government probation officer to gather information concerning the individuals' family history, education background, history of substance abuse and financial status, as well as their physical, mental and emotional health.

Background information

Some of that information, in the case of the Akashas, is being acquired from family members and documents located in Kenya.

The probation department interviews with the Akasha brothers took place in mid-December. And US prosecutors noted recently that the probation department's report on its findings will not be completed until sometime in February.

Baktash and Ibrahim Akasha were arrested in Mombasa in 2014 alongside Gulam Hussein, a Pakistani national, and Vijaygiri Goswami, a citizen of India. The four were charged with drug-trafficking offenses as a result of a US Drug Enforcement Agency sting operation.

The four alleged leading members of the so-called Akasha Organisation were specifically accused of attempting to arrange the shipment of 99 kilogrammes of heroin into the United States.

The Akasha brothers and Hussein and Goswami fought US extradition requests while free on bail, but they were detained by Kenyan police in January 2017 and quickly handed over to US agents who then flew the four to New York.

Hussein and Goswami have pleaded not guilty to the charges against them. Neither has appeared in court for several months, however, and no dates have been set for their trials.

Goswami is believed to have agreed to co-operate with prosecutors.