ST. CROIX — St. Thomas businessman Brett “Mac” McClafferty, who previously served prison time for multiple felony convictions in Ohio and now faces fraud charges in the Virgin Islands, confirmed while under oath during a Superior Court hearing today that he intends to run for a seat in the Legislature of the Virgin Islands — even though federal law governing the territory bars convicted felons from holding the office unless their civil rights have been restored.
On the popular Facebook group “What’s Going on St. Thomas,” McClafferty posted a video four days ago in which he holds a DJ microphone and a drink while standing among what appear to be young Latino men. In the video, he says: “I’m gonna tell you something right now. My name is Mac McClafferty. I’m running for Senate, and I’m gonna promise you one thing: I will be a senator for the people of Español — of people that are Spanish, whether it is the Dominican Republic, whether it is Puerto Rico, whether it is Venezuela.” The post is captioned: “I think people forget Italians are also Latin” and “¡Te cubro la espalda!,” which means “I’ve got your back” in English.
McClafferty previously served a combined prison sentence of more than three years for felony convictions across several northeast Ohio counties for crimes including theft, forgery, passing bad checks, cocaine possession, and identity theft.
The Revised Organic Act of 1954, which functions as the territory’s constitution, states that anyone convicted of a felony or a crime involving moral turpitude is not eligible to serve in the Legislature of the Virgin Islands unless pardoned.
Section 6(b) of the Revised Organic Act of 1954, codified in Title 48, Section 1572(b) of the U.S. Code, states: “No person shall be eligible to be a member of the legislature who is not a citizen of the United States, who has not attained the age of twenty-one years, who is not a qualified voter in the Virgin Islands, who has not been a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election, or who has been convicted of a felony or of a crime involving moral turpitude and has not received a pardon restoring his civil rights.”
Based on the law, it appears that McClafferty is ineligible to run for the VI Legislature without a pardon from Ohio’s governor.
Supervisor of Elections Caroline Fawkes said her office relies on local records when reviewing candidate eligibility. However, she said verifying convictions from outside the territory can be difficult.
“If we do not know, then some people may slip in under the radar,” Fawkes said, noting that the Elections System of the Virgin Islands only receives criminal records from Virgin Islands courts.
Fawkes said candidates must swear under oath on nomination petitions that the information they provide is truthful, meaning disclosure of past convictions largely depends on the candidate. She said Elections System officials could look into the matter if they became aware of a felony conviction.
Court records show McClafferty was indicted by a Geauga County, Ohio grand jury in 2015 on charges including engaging in a pattern of corrupt activity, forgery, and grand theft. He later pleaded guilty to passing bad checks, a fourth-degree felony, and was placed on probation.
After prosecutors alleged he violated probation, a Portage County Court of Common Pleas jury in 2018 found him guilty in an unrelated case of two counts of forgery and one count of theft, all fifth-degree felonies. The court imposed consecutive one-year prison sentences for the forgery convictions. When the Geauga County court later addressed his probation violation, he received an additional 18-month prison sentence to run concurrently.
Additionally, court records show McClafferty pleaded guilty in Summit County, Ohio to grand theft and possession of cocaine. The court ordered him to serve one year on the grand theft charge and seven months on the possession charge. The court ordered him to serve the sentences consecutive to each other and to sentences he had received in cases in three other counties.
Since moving to St. Thomas, McClafferty, a private equity investor, has been accused by more than a dozen plaintiffs in multiple local and federal lawsuits of operating a Ponzi scheme through his firm, Mac Private Equity, and its subsidiary, MPE Clearing & Holdings Inc. Plaintiffs allege McClafferty solicited investments by promising high returns but failed to repay investors, instead using funds from new investors to pay earlier ones.
READ MORE: McClafferty settles eviction complaint, hit with new lawsuit alleging he defrauded another investor
McClafferty was most recently arrested in the Virgin Islands last month based on a warrant accusing him of multiple financial crimes tied to alleged fraudulent banking transactions.
McClafferty, 37, was arrested on February 21 on charges including grand larceny and forgery tied to an alleged $888,500 scheme involving counterfeit checks and returned bank drafts, according to the Virgin Islands Police Department and the VI Department of Justice.
McClafferty has denied wrongdoing, filing a $10 million lawsuit against Banco Popular de Puerto Rico and asking Governor Albert Bryan Jr. to investigate what his attorney described as misconduct by bank officials and law enforcement.
According to the Virgin Islands Police Department, the Economic Crime Unit launched an investigation in June 2024 after Banco Popular de Puerto Rico reported suspicious activity.
Investigators said McClafferty deposited counterfeit or fraudulent checks drawn on entities in the British Virgin Islands and issued bank drafts from a Discover account that were later returned because of stop-payment requests or insufficient funds.
Police said at least 12 transactions totaling about $888,500 were identified, with funds allegedly withdrawn or transferred to third parties before the instruments were returned unpaid. Banco Popular reported confirmed losses exceeding $80,000.
Superior Court Magistrate Judge Julie Smith Todman issued an arrest warrant December 30, 2025. Officers executed the warrant at McClafferty’s residence in the St. Joseph and Rosendahl area of St. Thomas with assistance from the FBI and the U.S. Postal Service.
He was charged with grand larceny, passing or possession of forged bills, obtaining money by false pretenses, making and passing fictitious bills and notes, and drawing and delivering worthless checks.
During an advice-of-rights hearing, the court set bail at $150,000, allowing a $15,000 cash deposit option, according to the DOJ. McClafferty must surrender his passport and his Virgin Islands and Ohio driver’s licenses and cannot leave St. Thomas without court permission.
McClafferty posted bail and was released from custody on February 23. The prosecution subsequently submitted a motion asking the court to order McClafferty to explain why he should not face sanctions, contempt of court, or possible revocation of bail for making or directing a series of Facebook posts about the case despite a pretrial release order prohibiting such activity.
READ MORE: Prosecutors ask court to sanction Brett “Mac” McClafferty over alleged social media violations
McClafferty appeared in court today for a show-cause hearing over whether he violated the court order barring him from discussing his criminal case on social media.
Represented by attorney Nicole-Lynn King-Richardson, McClafferty denied making the posts prosecutors cited. Assistant Attorney General Brenda Scales called Detective Tiffany Tyson, the case agent, who testified that she compiled several Facebook posts tied to McClafferty and businesses connected to him.
During cross-examination, King-Richardson argued the posts referencing the case were made by Sunil Sharma, who McClafferty said manages social media for St. Thomas Social restaurant and The McClafferty Family Foundation. McClafferty and Sharma co-own Social Hospitality Group Inc., which holds the business license connected to St. Thomas Social and owns the restaurant.
Prosecutors attempted to show that the accounts were still tied to McClafferty. Tyson testified that the Department of Licensing and Consumer Affairs website lists him as the owner of St. Thomas Social and does not list Sharma. McClafferty, however, said Social Hospitality Group is listed as the owner on the restaurant’s business license.
DLCA’s website indicates a business license was issued on February 1 to Social Hospitality Group Inc. to operate a bar and restaurant under the trade name St. Thomas Social. The contact name on file is “Brett Geary.”
McClafferty testified he did not post about the case and said one post was made while he was still in jail. Asked by his attorney if he was running for Senate, he said yes. Todman ruled that McClafferty could not have made that initial post but said posts promoting his Senate campaign began appearing shortly after his arrest and before he said control of the foundation’s social media was transferred to Sharma.
The judge ordered that McClafferty and any businesses associated with him are prohibited from posting about the case or related evidence on social media. She said McClafferty may continue posting about his Senate campaign but warned he cannot use those platforms to discuss the criminal case.
McClafferty pleaded not guilty today to all charges and requested a speedy jury trial. The case was assigned to Judge Denise Francois, with a discovery conference set for May 7 and jury selection scheduled for November 3.
This article has been updated to reflect that McClafferty confirmed under oath during a Superior Court hearing today that he intends to run for a seat in the Virgin Islands Legislature, and to remove the date of March 2 regarding when Sharma began managing social media for St. Thomas Social and The McClafferty Family Foundation.
