Michele Geslin, 56, and Peter Goldsmith, 55, stewards of a May 2003
race, were indicted in June on charges of acting as unauthorized
''travel service providers'' by organizing a race for about 15 boats
with ports of call in Varadero and Havana's Marina Hemingway.
A spokesman for the U.S. attorney's office in Miami declined Friday
night to comment on the dismissal but said prosecutors will be
``exploring our options under the law.''
Government lawyers could try to indict Geslin and Goldsmith anew, or
take the judge's dismissal to the federal appeals court in Atlanta.
Trial had been set for Nov. 8 in Key West, and the two faced as much as
15 years in prison if convicted.
Prosecutors said the pair planned and executed races from Key West to
Cuba for several years, despite warnings to cease.
It was the first time the U.S. government had charged someone criminally
for allegedly acting as a Cuba travel service provider without
authorization from the U.S. Department of Treasury, which regulates the
42-year-old embargo against the island.
U.S. District Judge James Lawrence King ruled that the indictment was
insufficient to charge Goldsmith and Geslin as ``travel service providers.''
While the indictment alleged that race registration fees were used to
bankroll T-shirts, trophies and a party for participants, King ruled
that prosecutors failed to allege that the 'defendants' actions resulted
in money being spent in Cuba or that Cuba was in any way benefited
financially.''
Mario S. Cano, Goldsmith's attorney, said Friday night that Geslin and
Goldsmith were relieved.
''They were very pleased and thought it reinforced what they believed
all along -- that they had never engaged in any activity that violated
U.S. law,'' Cano said.
(C) Copyright 2004 The Miami Herald