Federal prosecutors don’t want a judge to free Fyre Festival scammer Billy McFarland from prison due to the coronavirus pandemic — and cited an exclusive Post interview in which he said he wasn’t scared of getting sick.
Earlier this month, McFarland’s lawyers asked Judge Naomi Buchwald for early release — just two weeks after telling a Post reporter on a prison call that he wasn’t worried about contracting COVID-19.
He added that elderly people who are at greatest medical risk should get priority.
“The reason for the defendant’s lack of concern about catching coronavirus is obvious: he is not among the inmates who are at the greatest medical risk of experiencing more dire complications from COVID-19,” wrote US Assistant Attorney Kristy Greenberg in a motion filed Tuesday.
McFarland is currently at FCI Elkton in Ohio, where he’s serving a six-year sentence for a $26 million fraud related to the disastrous 2017 Bahamian music festival.
The prosecutor questioned the 28-year-old’s claims of asthma, extreme allergies, breathing issues and an alleged heart attack while in prison. She argues that McFarland presented no documentation to support his medical ailments. There is no reference to any heart issues let alone a cardiac event in his prison medical records, Greenberg wrote in the filing.
During a prison intake interview, he mentioned no health issues and said he exercised regularly and is a practitioner of Brazilian Jiu-Jitsu, the filing says.
“The defendant, unlike many others who have moved for release in recent days and weeks, is young and has no documented medical conditions that render him particularly vulnerable to COVID-19,” Greenberg argued.
The prosecutor said McFarland’s prison disciplinary record also “weighs against his release.”
He was caught with a USB port hidden inside a pen for which he was placed in solitary for 40 days.
He later said it was a recording device he had smuggled into prison to help him “write a ‘self-reflection book’ faster to make restitution to the people he hurt,” according to the filing, which calls the claim “preposterous.”
Greenberg reminded the court that while McFarland was out on bail awaiting sentencing, he was busted for selling fraudulent VIP tickets to the Met Gala, Coachella and Burning Man, ripping off $150,000 from many of the same victims he targeted in the Fyre Festival scam.