ST. CROIX — Magistrate Judge Yolan Brow-Ross advised all 11 defendants accused of Medicaid fraud of their rights today in Superior Court before they all pleaded not guilty to multiple charges.
A Virgin Islands Department of Justice investigation led to the arrest on Wednesday of six employees of the VI Department of Human Services and five of their family members or associates.
The defendants, including suspended DHS employees who work in the Medical Assistance Program (MAP), or Medicaid, and Supplemental Nutrition Assistance Program (SNAP), allegedly misused government computer systems to alter or override eligibility safeguards, resulting in the unlawful disbursement of about $309,099.44 in Medicaid funds that the territory lost as a result, according to the DOJ.
The defendants include four MAP employees — Shantenysha Victor-Davis, Doenyka Lewis, Shanoya Hendrickson, and Kenera Sheneal Frederick — and two SNAP employees — Lisa Minelli Montanez and Clarissa Nuñez. The other five defendants are Carmen Saldana-Nuñez, mother of Nuñez; Karen Blyden, mother of Hendrickson; Sharon Henry, mother of Frederick; Akim Davis, husband of Victor-Davis and father of their child; and Shane Gaston, who has a child with Montanez.
All the defendants are charged with Medicaid fraud, accessing a computer for fraudulent purposes, and fraudulent claims against the government. If convicted, they are facing up to five years in prison for both Medicaid fraud and accessing a computer for fraudulent purposes, while the maximum penalty for fraudulent claims against the government is up to two years in prison.
Additionally, Nuñez, Victor-Davis, Lewis, Montanez, and Frederick were also charged with embezzlement, which carries a maximum penalty of up to 10 years in prison.
Since all the defendants were arrested pursuant to a warrant, Brow-Ross told them probable cause had already been found.
While advising the defendants of their rights, Brow-Ross told them they have the right to an attorney. They were all represented by the Office of the Territorial Public Defender during today’s arraignment only. The magistrate judge told them an attorney would be provided for them if they cannot afford to hire their own.
The Office of the Territorial Public Defender filed a motion to be relieved as counsel for all the defendants to avoid the appearance of impropriety or possible conflict of interest.
Brow-Ross also advised the defendants of their right to remain silent to prevent self-incrimination. She told them they do not have to give a statement. If they choose to give a statement, she told them anything they say can and likely will be used against them in court. She said they have a right to have an attorney present if they choose to give a statement. She told them they have the right to a speedy public jury trial, informing them that they are presumed innocent and the burden of proof lies with the prosecution. She told them they have the right to seek the court’s assistance to call witnesses during trial. She said they have the right to testify themselves, but it is not required. She told them they have the right to bail.
All the defendants posted bail Wednesday except Saldana-Nuñez and Gaston. Saldana-Nuñez was released from custody on Wednesday even though she did not post bail. Gaston remained detained, appearing in court in red attire courtesy of the Virgin Islands Bureau of Corrections. Bail for all the defendants was set at $5,500. All the defendants posted the full bail amount on Wednesday except Frederick, who posted 10%, or $550. Saldana-Nuñez was allowed to post 10% today, while Gaston was allowed to post $4,000 today.
The conditions of release are the same for all defendants, except for those who are related or have a child together. While the defendants are not permitted to have any contact with each other, those who are related are allowed to have limited lawful contact, meaning they can speak with each other about anything but their case. The defendants who have children together are allowed to have limited lawful contact solely for the purpose of childcare.
The other conditions of release for all defendants include weekly reporting to the Office of Probation, no travel without the court’s written permission, no posting about the case on social media, and no access to the DHS office in Frederiksted that houses the MAP and SNAP employees.
During their arraignments, all the defendants pleaded not guilty to all charges filed against them and requested speedy jury trials. Brow-Ross noted their pleas and granted their requests for speedy jury trials.
All the defendants are expected to be tried together as co-defendants. Their case has been assigned to Judge Ernest Morris Jr. A discovery conference for all defendants is scheduled for 9 a.m. on May 6.
