Cuba travel charges dismissed

Federal charges against two Key West, FL, sailors for violating the Trading With the Enemy Act were dropped Nov. 1 by a federal judge.

U.S. District Court Judge James L. King ruled that the government's indictment was insufficient to charge Michele Geslin and Peter Goldsmith as "travel service" providers. The two had organized the Key West Sailing Club's Conch Republic Cup in May 2003. About 20 boats took part in the race and some stopped at marinas in Havana and other Cuban ports.

Participants paid an entry fee which prosecutors charged were illegal Cuban travel fees. It turns out the money was paid for tee-shirts, trophies and a party in Key West, which weakened the government's case.

In a four-page opinion, King wrote that "The statutory restrictions on trading with specified nations does not extend to barring coordinated travel by independent participants in a sailboat race."

The sailors' attorney Mario Cano had argued in October that no crime had occurred.

"It was a sailing race for sailors from different parts of the country and that's all it was meant to be," Cano said. Geslin and Goldsmith were relieved and felt vindicated, Cano said, particularly as they were facing 15 years in prison if convicted.

The pair was scheduled to go on trial Nov. 8 and their indictment in June was the first time criminal charges were filed against Americans related to sailing trips to Cuba.

In 2004, the Bush Administration stepped up enforcement of the 42-year old trade embargo with Cuba, which still allowed thousands of Americans to legally travel to Cuba each year under various programs.

Many of those exceptions to the travel ban have since been eliminated as part of the crackdown. Last February, the government went even further and said U.S. boats would be boarded and seized if officials believed the operators were thinking of traveling to Cuba.

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