ST. CROIX — David Whitaker, founder and former owner of Mon Ethos Pro Support, has accepted a federal plea agreement after planting a dozen spy cameras in various Virgin Islands government offices, providing an agent of the Virgin Islands Police Department with at least $66,000 worth of bribes to obtain contracts, and attempting to defraud the Paycheck Protection Program, according to court documents.
Whitaker pleaded guilty to two counts of wire fraud and one count of bribery concerning programs receiving federal funds in connection to a criminal information the U.S. Attorney’s Office filed against him in District Court, Division of St. Thomas and St. John. Although Whitaker, his attorney, David Cattie, and prosecutors all signed the plea agreement on March 27, it was not filed as an electronic record of the District Court until Monday.
In conjunction with the submission of the plea agreement, Whitaker admitted his guilt as charged in all three counts in a document known as a factual basis for plea. Whitaker registered a company called Mon Ethos in January 2022 in the Virgin Islands. Whitaker registered a subsidiary of Mon Ethos called the Office of Data Discovery Forensic Analysis in June 2022. Mon Ethos announced last month that Curtis Jones, Mon Ethos chief technology officer, is the company’s new owner.
After the VIPD hired Whitaker beginning in or about June 2022 until in or about May 2023 to investigate allegations surrounding the placement of covert listening devices in VI government offices, a miniature spy camera was discovered in the office of the “commissioner of the Virgin Islands Department of Personnel,” according to the document. The Virgin Islands has a Division of Personnel that is run by a director.
Whitaker claimed to have discovered an additional 13 surveillance devices hidden in various VI government offices during the subsequent investigation into the discovery of the spy camera at the Division of Personnel that were allegedly planted by others, according to the factual basis. In truth and in fact, Whitaker planted 12 of the 13 additional devices discovered after the initial spy camera was discovered and then falsely represented to have found them in government offices. Despite being the individual who planted the dozen additional surveillance devices, Whitaker continued to claim that he found additional devices in VI government offices and billed the VIPD $130,195.10 for services related to the fraudulent investigation. After submitting invoices with the intent to defraud, Whitaker was charged with wire fraud as each of the payments were wired through New York into his bank account in Puerto Rico.
Then-Police Commissioner Ray Martinez held a press briefing August 5, 2022, the day before the 2022 primary election, to inform the community about an investigation that occurred the same day at the Office of Management and Budget. He said VIPD detectives, an agent of the VI Department of Justice, and a team of digital forensic agents from the FBI out of Puerto Rico went to OMB at the request of former OMB Director Jenifer O’Neal, who resigned amid a federal investigation in June upon request of Governor Albert Bryan Jr.
Martinez said O’Neal requested the law enforcement officers to look at OMB’s information technology operating systems for what she believed was a digital breach that may have occurred to ensure the government’s financials were protected.
“The reason that this was asked was simply because back in May of this year, VIPD uncovered a number of covert monitoring devices in several government agencies,” Martinez said, adding that the devices were still being investigated. “Some have been sent for digital analysis, and others will be turned over to some of our federal, additionally to our federal partners for continued investigations.”
Martinez said more than a dozen monitoring devices were found in May 2022.
WATCH: VIPD press briefing August 5, 2022
From November 2022 to September 2023, Whitaker paid bribes in the form of money and other things of value to a VIPD agent in exchange for payment of outstanding invoices as well as for additional contracts to be awarded to him with the VIPD, according to the court document. At the outset of the scheme, Whitaker agreed to not only make payments but provide financial assistance to a restaurant owned by the VIPD agent in exchange for the agent to use his position to make sure Whitaker’s outstanding invoices would be paid by approving and signing the final invoices and instructing others to sign off on the final invoices. Whitaker provided the VIPD agent with at least $66,000 worth of bribes, including the purchase of restaurant supplies and equipment, payment for trips to Boston from St. Thomas, and payment of cash. The expenses associated with the Boston trips included, but were not limited to, staying at the Encore Hotel, personal butler service throughout the stay, and tickets to local sporting events.
The plea agreement and factual basis for plea have been redacted, so the name of the VIPD agent who Whitaker bribed is not provided in the court documents.
Martinez, however, resigned June 18 upon request of the governor after being implicated in a federal investigation. Bryan nominated Martinez in July 2021 to serve as police commissioner.
READ MORE: “Police Commissioner Ray Martinez officially resigns; Government House discusses ‘miscommunication’”
Whitaker also pleaded guilty to wire fraud in connection to a scheme to defraud the Paycheck Protection Program, a federal program administered by the U.S. Small Business Administration to provide potentially forgivable loans to small businesses to help keep their workforces employed during the coronavirus pandemic, according to court documents. In February 2021, he submitted a Second Draw Borrower Application Form and accompanying documents on behalf of Mon Ethos to the SBA requesting $469,903 from the PPP. The application included false statements about prior wages and compensation and associated tax payments allegedly paid to the Internal Revenue Service. Whitaker caused at least one interstate wire communication to occur when he submitted the application from a computer in the Virgin Islands to the SBA through servers based in Oregon.
When contacted for comment by WTJX today, Whitaker deferred to his attorney, who said, “I’m not going to make any comments at this time.”
The two counts of wire fraud Whitaker pleaded guilty to carry a maximum sentence of 20 years in prison, while the bribery count carries a maximum sentence of 10 years in prison. All three counts include a fine of $250,000, or a fine of twice the pecuniary gain or loss, a $100 special assessment, a three-year term of supervised release, an order of restitution, and an obligation to pay any applicable interest or penalties on fines or restitution not timely made. A sentencing date has not yet been set.
