ST. CROIX — A federal judge has granted David Whitaker’s unopposed motion to continue sentencing in his bribery and wire fraud case by five months to June 10, 2026.
The delay will allow Whitaker’s sentencing to follow the scheduled sentencing on January 22, 2026 of former Sports, Parks and Recreation Commissioner Calvert White and government contractor, Benjamin Hendricks, who were convicted of accepting bribes from him. Both have since filed motions seeking a new trial, claiming Judge Mark Kearney improperly answered a jury question during trial.
Whitaker, who testified as a cooperating government witness in the trial, is also slated to testify for the prosecution in the upcoming trial of Former Police Commissioner Ray Martinez and former Management and Budget Director Jenifer O’Neal. Whitaker allegedly bribed both government officials, who were indicted on federal bribery and wire fraud charges.
In the unopposed motion, Whitaker’s attorney, David Cattie, stated that Whitaker desires to be sentenced following any potential sentence in both cases. He stated that the parties have agreed that a continuance of Whitaker’s sentencing is warranted under the circumstances so that the court will have all pertinent information before it at the time of his sentencing. Cattie noted that Whitaker also advised him that his ill father has been given a few months to live by his doctors, which would fall around the time of his previously scheduled sentencing that was set for January 21, 2026.
If there are convictions in the Martinez/O’Neal case, Cattie indicated in the motion that sentencing would not likely take place until March or April 2026.
On Wednesday, Kearney granted Whitaker’s motion to continue sentencing. He also ordered that the parties must file and serve sentencing memoranda that set forth any factual and legal authority upon which they will rely at sentencing between May 28, 2026 and June 4, 2026. Any other motions relating to sentencing guidelines or for preliminary order of forfeiture, if any, must also be filed within the same period.
Whitaker, founder and former owner of Mon Ethos Pro Support, also operated a subsidiary of MEPS called Office of Data Discovery Forensic Analysis. He accepted a plea agreement in March 2024 after planting a dozen spy cameras in various Virgin Islands government offices, bribing an agent of the Virgin Islands Police Department to obtain contracts, and attempting to defraud the Paycheck Protection Program, according to court documents.
READ MORE: David Whitaker accepts plea deal after planting spy cameras in VI gov’t offices, bribing VIPD agent
Whitaker pleaded guilty to two counts of wire fraud and one count of bribery concerning programs receiving federal funds in connection to formal documents the U.S. Attorney’s Office filed against him in District Court, Division of St. Thomas and St. John.
From June 2022 to May 2023, the VIPD hired Whitaker to investigate allegations of covert listening devices being placed in government offices. Following the discovery of a spy camera in one government office, Whitaker claimed to uncover additional surveillance devices hidden in various government offices — allegedly planted by others.
Whitaker, while testifying during the trial of White and Hendricks, said Martinez directed him to plant 12 out of 13 of the devices, which were never activated. Despite planting the devices himself, Whitaker testified that he billed the government more than $100,000 to remove them. Because the payments were wired through New York to his bank account in Puerto Rico, Whitaker was charged with wire fraud.
Martinez and O’Neal, who both resigned from their positions in June 2024, are charged together for allegedly accepting bribes from Whitaker, according to the indictment.
Martinez is accused of accepting at least $110,358 in bribes, including equipment and labor for his recently opened restaurant, Don Felito’s Cookshop, flights to Boston and rooms at a Boston hotel, private school tuition payments for his two sons, rent payments for his home, expensive meals, and tickets to sporting events. In exchange, Martinez allegedly directed VIPD officials to authorize and facilitate the payment of invoices for Whitaker’s companies and authorized the award of a sole-source contract for Whitaker to provide technical case support to the VIPD for criminal investigations that was paid for using American Rescue Plan Act funds.
O’Neal is accused of accepting at least $17,730 in bribes and directing Whitaker to pay the lease for her restaurant directly to the landlord to conceal the alleged scheme. In exchange, O’Neal allegedly authorized the payments of invoices for Whitaker’s companies and directed OMB officials to facilitate the payment of those invoices.
Separately, Whitaker pleaded guilty to wire fraud in a scheme to defraud the federal Paycheck Protection Program, a COVID-19 relief effort administered by the U.S. Small Business Administration. In February 2021, he submitted a fraudulent Second Draw Borrower Application on behalf of Mon Ethos, seeking $469,903. The application contained false information about wages, compensation, and tax payments. Whitaker caused at least one interstate wire transmission by submitting the application from the Virgin Islands via SBA servers located in Oregon.
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.
