ST. CROIX — The U.S. Virgin Islands Chess Federation Inc. recently filed a civil complaint in Superior Court against two of its members accused of illegally electing new officers and fraudulently gaining control of the federation’s Bank of St. Croix commercial checking account, which has since been restricted as a result.
Defendants Gail Widmer and Anne Kershaw allegedly perpetrated a scheme to oust the Chess Federation’s legitimate board during a fraudulent special meeting and election held December 27, 2023 to elect interim officers, according to the complaint filed July 23 in Superior Court, Division of St. Croix by attorney Ethan Peterson, of Westfall Law PLLC in Christiansted.
Kershaw is accused of preparing a document announcing the results of the election that appeared to be printed on the Chess Federation’s letterhead but listed Kershaw’s personal address instead of USVICF’s address. The document, titled “Minutes of U.S. Virgin Islands Special Meeting and Election,” named Kershaw as being elected interim secretary.
The document noted that the elected interim officers have directed that the Virgin Islands Olympic Committee and International Chess Federation be advised of the results of the election. It also noted Widmer shall service as the USVICF office manager, and that she shall be added as a signatory to the federation’s account at Bank of St. Croix.
Widmer is accused of presenting a copy of the document, or a similarly styled document to Bank of St. Croix on February 26 to fraudulently gain control of the federation’s account. The bank subsequently removed USVICF President Margaret Murphy’s access to the account along with USVICF Treasurer Anthony Mangiello’s access and added Widmer and Kershaw as signatories pursuant to the document prepared by Kershaw, the lawsuit claims.
Murphy sent a letter to the bank on February 27 requesting restatement of the previous signatories on the account, noting the alleged actions taken by defendants were illegal and did not follow the federation’s constitution. The bank responded with a letter to Murphy on March 1 stating the account had been restricted due to the bank’s inability to determine who has the authority to act on behalf of the federation. Despite the restricted access, the bank permitted a $50 check to be cashed on May 10 and a $35 check to be cashed on June 4, leaving an account balance of $7,552.76, according to a court document.
The account, however, continues to be restricted because of the defendants’ alleged actions, severely limiting the federation’s ability to organize and govern chess events in the territory because it is frozen out of the account, according to the lawsuit. Bank of St. Croix has made it clear that the restriction on the account will not be lifted until a court order declares who has the proper authority to act on behalf of the USVICF.
The Chess Federation seeks a declaratory judgment pursuant to the Virgin Islands Code, Title 5, which in Section 1261 gives the court the “power to declare rights, status, and other legal relations whether or not further relief is or could be claimed.” The federation seeks a declaratory judgment that the defendants’ alleged election scheme was fraudulent, that Widmer and Kershaw be removed as signatories on the account, and that Murphy and Mangiello are the proper signatories and should be added back to the account.
Additionally, the lawsuit accuses the defendants of conversion for allegedly interfering with the Chess Federation’s possession and ownership of the bank account, fraudulent misrepresentation for allegedly making misrepresentations to induce Bank of St. Croix to authorize access to the account, and intentional interference with contractual relations for allegedly interfering with the federation’s contractual relationship with the bank.
Murphy and the defendants declined to comment at this time.
