DUDLEY, TOPPER

DUDLEY, TOPPER AND FEUERZEIG, UP 1000 Frederketerg 13.50e P.O. Box 756 7homee, US. VI 076060756 (344) 774-4422 IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN PEOPLE OF THE VIRGIN ISLANDS, v. JOHN P. DE JONGH, JR., Plaintiff, Defendant. Case No. ST-15-CR-309 Hon. Michael C. Dunston Presiding Judge :fl DEFENDANT'S MOTION TO DISMISS THE INFORMATION PURSUANT TO FED. R. CRIM. P. 12(b)(3)(B)(iv) Defendant, Gov. John P. de Jongh, Jr., respectfully moves this Honorable Court pursuant to Fed. R. Crim. P. 12(a)(3)(B)(iv) and Super. Ct. R. 7 for an order dismissing the Information dated September 2, 2015. (Exhibit A),I INTRODUCTION The fact that the People's entire case against Gov. de Jongh hinges on a matter of remedial English punctuation makes one thing perfectly clear: this case is not legitimately about the criminal law. Instead, it appears to be a politically-driven and poorly conceived vendetta initiated by the current Governor, whom Gov. de Jongh defeated handily in his last reelection campaign in 2010. This sham prosecution is a disgrace both upon the Virgin Islands Department of Justice and the Governor's Office. The current Administration accuses Gov. de Jongh of stealing approximately $490,000.00 from the public fisc and using the money to add value to his private home. Ironically, in the short time the current Governor has been in office he has apparently already I The instant motion is in addition to Gov. de Jongh's motion to dismiss the charges against him as time-barred, filed on September 3, 2015. The People filed no opposition to that motion, and it is far too late to do so now. EFTA01074706 People v. de Jongh Crim. No. ST- I5-CR-309 Defendant's Motion to Dismiss the Information Page 2 of 25 spent such an obscene amount of Virgin Islands taxpayer money on so-called "living expenses" — a $12,500.00 per month residential lease now superseded by the daily cost of a suite at the Virgin Islands' most expensive hotel, the Ritz-Carlton St. Thomas;2 $16,000.00 for limousine and car service on a recent trip to New York City;3 $18,000.00 for air travel in connection with said trip;4 $5,300.00 for sheets and bedclothes;5 and $65,000.00 per year for the Governor's "personal chef,"6 to name but a few — that it will quickly dwarf the amount at issue here, which consists of security costs for the entire eight years that Gov. de Jongh was in office — and even then, much of which Gov. de Jongh had long ago offered to repay.7 2 See Virgin Islands Daily News, Villa Mapp Controversy (June 24, 2015); see also http://viconsortium.cornffeaturedkovernor-mapp-is-living-out-of-a-suitcase-at-the-ritz-carlton- when-in-st-thomas-2/ DUDLEY, TOPPER AND FEUERZEIG, LLP loot) Frederllateg Gide PO. Bak 758 Si.Thcoust U.S. V100804-075B (340) 774-4422 3 See Virgin Islands Daily News, Mapo, Party Run Up $16,000 in Limo. Car Service Charges (September 22, 2015). 4 See Virgin Islands Daily News, Jvlapp Uses Government Card for Beer. Hotels. Tickets (September 21, 2015). See id.; see also Si. Croix Source, Many Flying High on Taxpayers' Dime (Sept. 10, 2015) (describing $87,000.00 in travel expenses linked to use of private jet service). 6 See Virgin Islands Daily News, Map) Has $65K-a-Year Chef on Taxpayer's Dime (July 6, 2015). 7 There has been no abatement in this apparent pattern of abuse. It was reported that the current Administration leased a St. Thomas condominium for the personal use of our new Lieutenant Governor — who already resides on St. Thomas — paid for with public funds and blessed by the present Governor, who reportedly signed the lease. In a remarkable bit of hubris, the current Governor acted over the advice of his own Chief Legal Counsel that doing so was illegal. Virgin Islands Daily News, Potter Told in March Public Funds Not For Condo (Oct. 28, 2015). And most recently, a lawsuit was filed against the Governor and others by his own Deputy Legal Counsel alleging she was wrongfully terminated after responding to a request for public records reflecting the Governor's inappropriate spending habits. Virgin Islands Daily News, Attorney Sues Mapp Over Spending Records Fallout (Oct. 30, 2015). To the undersigned's knowledge, neither the Governor nor Lieutenant Governor has yet been charged with any criminal conduct. EFTA01074707 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 3 of 25 Just writing these words is infuriating. Doing so in defense of spurious criminal charges leveled against a good man who devoted eight years of his life to high public service pushes tolerance well beyond its reasonable limit. For the reasons set forth below, the Information does not state a crime against Governor de Jongh. The charges must be dismissed. Punishment of the individuals behind this sham prosecution must await another day. FACTS As explained in Gov. de Jongh's September 3, 2015, motion to dismiss the Information as time-barred pursuant to V.I. Code Ann. tit. 5, § 3541(a)(2), Gov. de Jongh is charged with one count each of violating V.I. Code Ann. tit. 14, § 1662(1) and V.I. Code Ann. tit. 14, § 1663(1). The allegations are based on events that took place in 2007-2008, that transpired entirely in the public eye, and that were widely reported in the Virgin Islands Daily News and other local media outlets. DUDLEY, TOPPER AND FEUEFIZEICL LLP WOO Fredeeketei Gado P.O. hoc 766 &llama US. VI 006040756 O40)774-4422 Shortly before he took office, Governor de Jongh decided to reside at his St. Thomas home instead of Government House or Estate Catherineberg, neither of which had been the residence of the Governor of the Virgin Islands for many years. He did so in large part because the former was no longer configured as a house and the latter would require the expenditure of millions of dollars in security and other improvements before it could be habitable by the de Jongh family. Security improvements to the de Jongh residence, on the other hand, could be constructed at a fraction of that cost. In early January 2007, when Gov. de Jongh made his housing plans public, the V.I. Department of Public Works solicited an opinion from Acting Attorney General Elliot "Mac" EFTA01074708 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 4 of 25 Davis questioning whether it was appropriate to expend public money on construction at Gov. de Jongh's personal residence to maintain an appropriate level of security and protection for the Governor and his family. Davis concluded that it was.8 On January 30, 2007, Robert L. Moorehead, Acting Commissioner of the V.I. Department of Public Works, wrote a letter to Gov. de Jongh in his capacity as Board Chairman of the V.I. Public Finance Authority. (Exhibit C.) Moorehead specified six construction projects that required funding and the estimated cost of each, including the de Jongh security project and the construction of vaults at the Eastern Cemetery in Red Hook. Moorehead requested that Act No. 6427 be amended to permit spending on these projects. Notably, Act No. 6427 itself had reprogrammed funds originally pledged to the Savan Gut Project (which was not "road" construction) for use on the Nadir Bridge Flood Control Project, Mon Bijou Flood Control Project and Blue Lightning/HIDTA Project — none of which involved the building or repair of "roads." 2001 V.I. Session Laws, Act No. 6427, Section 22, at 148-149. Copied on the letter was then-Senator Carlton Dowe, among others. On March 21, 2007, Omnibus Bill No. 27-0039 was put to a vote in the Senate. The bill containing the proposed amendment to Act No. 6427, designated Section 17, was sponsored by Sen. Dowe. The text reads: DUDLEY, TOPPER AND FEUERZEIG, LIS Fredolketerg Gado P.O. Box 758 Sl.lhomes. US. VI 00004475e (340) 774.4422 SECTION 17. The sum of $1,305,000.00 is appropriated for the fiscal year ending September 30, 2007, from the General Fund to the Department of Public Works for engineering designs, construction, repairs or the resurfacing or roads. The sum remains available until expended. A copy of the January 2, 2007, opinion letter (the "Davis Opinion") is attached hereto as Exhibit B. EFTA01074709 People v. de Jongh Crim. No. ST-I5-CR-309 Defendant's Motion to Dismiss the Information Page 5 of 25 (Exhibit D (copy of Bill No. 27-0039 with "roll call" Senate voting record) (bold and italics added).) Most relevant for the Court's purpose here is the structure of the highlighted portion: — No comma is placed between the noun "repairs" and the conjunction "or." Although any Senator present could have asked for debate before voting on Act No. 6917, none did. Bill No. 27-0039 was passed unanimously by voice vote. (Id.) As enacted into law, Act No. 6917 mirrors the language of Bill No. 27-0039: The sum of $1,305,000 is appropriated in the fiscal year ending September 30, 2007, from the savings realized in SECTION 16 to the Department of Public Works for engineering designs, construction, repairs or the resurfacing of roads. The sum remains available until expended. DUDLEY. TOPPER AND FEUERZEIG, LLP 1000 FrOdedaberg e•0e P.D. Da 756 St Thames. U.S. VA. 00804-0750 (S40) 774-4422 2007 V.I. Session Laws Act No. 6917, at 17 (bold and italics added). Unsurprisingly, the statute mirrors the bill in its punctuation: again, no comma is placed between the noun "repairs" and the conjunction "or." On April 25, 2007, after Act No. 6427 was amended, Commissioner Designate Darryl A. Smalls wrote to Julito Francis, Director of the V.I. Public Finance Authority, requesting that Francis notify Commissioner Lynn Millin of the V.I. Department of Property and Procurement that Act No. 6917 funds were available for use on the six projects previously identified by Moorehead. (Exhibit E.) Finally, on April 30, 2007, Director Francis wrote to Commissioner Millin that funding for the six projects was available and the Department of Property and Procurement was required to forward contracts, vendor certifications and the like per established procedure. (Exhibit F.) Once these were approved, the Department of Public Works could submit vendor invoices for EFTA01074710 People v. de Jongh Crim. No. ST-I5-CR-309 Defendant's Motion to Dismiss the Information Page 6 of 25 payment along with all appropriate certifications. The inclusion of "construction" and "engineering designs" in Act No. 6917 permitted the V.I. Department of Public Works to draw upon the $1,305,000.00 to pay for a variety of public projects, including vaults at the Eastern Cemetery and drainage improvements both on St. Thomas and St. Croix. As reported by local media at least as far back as 2009, approximately $490,000.00 of Act No. 6917 funds were used to construct the security improvements at the de Jongh residence. See Virgin Islands Daily News, Governor Points to Legal Review that OK'd Security Improvements at Mafolie Home (July 7, 2009). Realizing that the nature of some of the improvements were permanent and would last beyond his term of office, Gov. de Jongh publicly announced that he would pay the Government of the Virgin Islands the value of whatever remained permanently affixed to his property — i.e., the relocated and widened driveway and the perimeter fencing. See St. Croix Source, Gov. de jongh Condemns 1O Report, Says Security Spending was Proper (February 16, 2010).9 Soon thereafter, then-Senator Adlah "Foncie" Donastorg, Jr., an especially strident political opponent of Gov. de Jongh, initiated Senate hearings purportedly to investigate what the media colorfully coined "Mafoliegate." At the October 20, 2009, hearing in the Legislature, the Senate heard testimony from Nicole Turner-Wilkinson, Chief Engineer for the V.I. Department of Public Works, which had DUDLEY, TOPPER AND FEUERZEIG, LIP IW0 Froderlotwitg pa Box 756 Thognits, 05664015/ (340) 774.4422 9 Gov. de Jongh had made this same announcement as far back as November 2009. See Virgin Islands Daily News, De Jongh Mends Fences (Nov. 7, 2009) ("I will also be instructing the attorney general to prepare a legal and binding agreement that sets forth my commitment to do the following: at the end of my term in office and the removal of whatever physical improvements and equipment are removed, an appraisal of the value of what remains shall be provided to me and my wife as the owners of the real property upon which the improvements were made." (quoting Gov. de Jongh)). EFTA01074711 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 7 of 25 DUDLEY, TOPPER AND FEUERZEP3, LLP IMO Fnalsclaterg G464 P.0. Bac 756 Si. Thanes, U.S. Vi. 02604-0756 (340) 774.4422 put the work up for competitive bidding.10 Ms. Turner-Wilkinson explained that of the three options for housing Gov. de Jongh and his family, only one was economical: installing security measures at the de Jongh residence. The first option, Government House, was not viable, as it had been reconfigured into offices and meeting spaces and had limited space. The second, the WICO mansion, Estate Catherineberg, had fallen into disrepair. The remedial and security work necessary to house the de Jongh family there would have exceeded $2,000,000.00 in public funds and taken between twelve (12) to fifteen (15) months to complete — during which period the de Jongh family would have insufficient security. Improving the de Jongh property with a guardhouse, perimeter fencing and an expanded driveway was expected to cost far less than the Catherineberg project and the First Family would be able to reside there through the construction process. Finally, Turner-Wilkinson testified that all aspects of the project had been the subject of a competitive bidding process. The hearings did not result in the censure of Gov. de Jongh, let alone a call for his arrest and prosecution. Donastorg then called upon the Office of the Inspector General ("OIG"), a branch of the U.S. Department of the Interior, to audit the facts behind "Mafoligate." What the public did not know at the time was that Hannibal M. Ware, OIG's Regional Manager, is Donastorg's cousin, and Ware was instrumental in the OIG's decision to take up the matter and "fast track" the audit. In January 2010, the OIG issued its report, titled Security Improvements at Governor of the Virgin Islands Private Residence (hereinafter "OIG Report")." First, the OIG Report acknowledged that "security is a necessity for any sitting 10 A copy of Ms. Turner-Wilkinson's testimony is attached hereto as Exhibit G. EFTA01074712 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 8 of 25 Governor." OIG Report (cover letter from Acting Inspector General Mary L. Kendall); see also id. at 5 ("We recognize that security is a necessity for any sitting Governor. In fact, past Virgin Islands governors have had some level of security at their private residences regardless of where they officially resided while in office."). Second, the OIG Report took note of the Davis Opinion (written not at the request of Gov. de Jongh but that of Othniel Vanterpool, Director of Operations at the Department of Public Works). Acting Attorney General Davis had opined that "the cost of security related improvements to the Governor's residence may be properly incurred by the Government." Davis Opinion at 1. Of course, the Davis Opinion predated all of the construction performed at the de Jongh residence. (See OIG Report at 2.) Under the heading "Public Funds Used Improperly," the OIG Report addressed what would become the critical issue in this case: whether the Virgin Islands Legislature had authorized the expenditure of public funds for the de Jongh security project. O1O Report at 2-3. The OIG Report correctly notes that the funds had been reprogrammed by Act No. 6917. Inexplicably, the OIG Report then misquotes the statute, part of an omnibus appropriations bill, as follows: In April 2007, the Legislature passed Act No. 6917, reprogramming the $1.3 million [originally appropriated for the Nadir Flood Control Project] for the specific purpose of engineering design, construction, repair, or resurfacing of roads. DUDLEY,TOPPER AND FEUERZEIG, LIP 1000 Fre0wIlestarg GS* Box 756 SI.Thoffir. U8. VI 030040756 (340) 7744422 OIG Report at 2 (bold and italics in original). On this, the most crucial issue in the case now before the Court, the OIG Report gets this rather simple sentence materially wrong, resulting in an erroneous interpretation of its meaning: ti A copy of the O1O Report is attached hereto as Exhibit H. EFTA01074713 People v. de Jongh Crim. No. ST-I5-CR-309 Defendant's Motion to Dismiss the Information Page 9 of 25 DUDLEY, TOPPER AND FEUERZEIO, LLP 1000 Freclerkiteg Gado P.O. Bac 758 8/Thane& U8. Vi. 000040758 040) 7744422 — that the $1,305,000.00 could be used only for roads, to the exclusion of any other type of construction project.I2 As explained below, the addition in the OIG Report of a comma after the noun "repair" and before the conjunction "or" is highly material to the charges against Gov. de Jongh — and most regrettably, simply flat-out wrong. As the Court can see, Act No. 6917 itself inserts no comma after "repairs" (the plural form used in Act No. 6917, erroneously quoted in the singular in the OIG Report). In the context of this case, the significance of the OIG Report's error cannot be overstated. The OIG Report goes on to discuss the alleged "legislative process" behind Act No. 6917 as relayed to the OIG by six unidentified "senators." (OIG Report at 2.) These anonymous senators reportedly claimed that "the funds [reprogrammed by Act No. 6917] were intended for the purpose of Virgin Islands road improvements[,]" particularly on St. Croix. Id. From its erroneous reading of Act No. 6917's text and the post hoc comments of the anonymous legislators, the OIG Report concludes: "Clearly, no part of the $1.3 million was to be used for security improvements at the Governor's private residence — or for any other purpose." Id. (bold and italics added). As demonstrated below, the highlighted text shows either the depth of the OIG's misunderstanding of Act No. 6917, or that the OIG Report was published illegitimately, as deliberately inaccurate propaganda. After reiterating that ensuring the safety of Gov. de Jongh and his family is a legitimate 12 The OIG Report also erroneously uses the singular for "design" and "repair" instead of Act EFTA01074714 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 10 of 25 DUDLEY, TOPPER AND FEUERZEIO, LLP woo Freclerlksbem Gale P.O. Bac 756 Si. Thomas. U.S. V.I. 06034•07ft (340) 7744422 public concern, the OIG Report ends by proclaiming "[t]he Executive Branch of Government ... cannot independently determine the purpose for which public funds are used. Only the Legislature has the authority to appropriate public funds to pay for security improvements for any governor." (OIG Report at 5.) The OIG Report does not recommend that criminal charges be brought against Gov. de Jongh, nor even that Gov. de Jongh personally pay the cost of the security to the Government — rather, that responsibility is attributed to the "Executive Branch." (Id.) In the four years that followed the issuance of the OIG Report, the parties connected to "Mafoliegate" remained silent, save then-gubernatorial candidate Kenneth Mapp. Mapp repeatedly referred to the "Mafoliegate" controversy during his 2010 campaign. The voters of the Virgin Islands were unimpressed. In November 2010, Gov. de Jongh defeated Mapp and was elected to a second four-year term. After the election Mapp reportedly told Gov. de Jongh that "the voters have spoken" and had clearly rejected "Mafoliegate" as a basis for denying Gov. de Jongh a second term, and that he considered the matter closed. In July 2014, the Senate passed a Resolution criticizing Gov. de Jongh for the security measures constructed at his residence and "urging and requesting" that he pay all of the original cost of the security improvements at his residence, including approximately $50,000.00 for electronic security equipment that the V.I.P.D. Department of Executive Safety would remove from the de Jongh property as soon as his second term expired. Committee on Rules and No. 6917's use of the plural form in both cases. EFTA01074715 People v. de Jongh Crim. No. ST- I5-CR-309 Defendant's Motion to Dismiss the Information Page II of 25 Judiciary Bill No. 30-0042 (July 21, 2014).13 The Resolution did not suggest that the Attorney General bring criminal charges against Gov. de Jongh. In November 2014, Mapp was elected Governor of the Virgin Islands over the Democratic Party nominee Donna Christensen. In April 2015, his governorship over, Gov. de Jongh drew a check in favor of the Government of the Virgin Islands in the amount of $202,831.60 to fulfill the pledge he had made. The check was delivered to Government House along with an analysis of how the number was arrived at, which included three separate appraisals by local real estate companies as to the then-present value the construction added to the de Jongh property. In May 21, 2015, then-Acting Attorney •General Terri Griffiths, Esq.14 called a press conference announcing that her office was investigating criminal charges against Gov. de Jongh based on the security improvements at the de Jongh residence and that the $202,831.60 check had been returned as "rejected." In late May 2015, Griffiths stepped down (or, according to some sources, was forced out) as Acting Attorney General. Gov. Mapp then nominated former Superior Court Judge James S. Carroll III to the position. Judge Carroll and Gov. de Jongh's counsel spoke by telephone concerning Griffiths' press conference. Counsel reminded Judge Carroll that Gov. de Jongh had always intended and DUDLEY. TOPPER AND FEUERZEICL LLP 1000 Paristerg Oatla P.O. Box 756 St Thema 1St V.1.00631-0756 (040) 774-4422 13 A copy of the Resolution is attached hereto as Exhibit I. 14 Griffiths took the post after Gov. Mapp's first choice, Soraya Diase-Coffelt, abruptly resigned in January 2015, The nomination of Griffiths resulted in what has been described as an "open revolt" by the VIDOJ staff. See http://viconsortium.comifeatured/virain-islands-doi-in-open- revolt-after-mapp-appoints-terri-griffiths-as-acting-attomev-general/ . EFTA01074716 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 12 of 25 publically stated his intention to pay the Government the present value of the structures that remained on his property after he was out of office. Counsel asked Judge Carroll to examine the case file and to consider recommending to Gov. Mapp that the check be accepted and the matter dropped. Judge Carroll assured counsel he would look into the matter. Counsel never heard back from Judge Carroll. Instead, in early August 2015, Gov. Mapp asked Carroll to step down. The timing strongly suggests that Mapp did so because Judge Carroll had concluded that "Mafoliegate" was not a criminal matter. Mapp then nominated Attorney Claude Walker for the position of Acting Attorney General. St. Croix Source, Attorney General: Another One Bites the Dust (August 1, 2015). It appears that in Walker, Gov. Mapp found the right person to do his bidding. On August 18, 2015, Gov. de Jongh was arrested for purportedly violating V.I. Code Ann. tit. 14, § 1662(1) and V.I. Code Ann. tit. 14, § 1663(1). ARGUMENT DUDLEY, TOPPER AND FEUERZEIG, LLP 1000 Frodedlabeg Gels Box 756 St Thome& U.S. MI. 00004-0766 (340) 774-4422 A. Rule 12 Standard Simply put, the alleged facts contained in the Information drawn up at the leisure of the Attorney General must set forth all of the elements of the offense charged or the Information must be dismissed. See Fed. R. Crim. P. 12(a)(3)(B)(iv); United States v. Enmons, 410 U.S. 396, 400 (1973) (upholding dismissal of indictment alleging Hobbs Act violation where the defendant's conduct alleged by the government was not "wrongful" as defined by the statute); United States v. Schmidt, 2004 U.S. Dist. LEXIS 24628, •5-6 (D.S.D. Nov. 2, 2004) ("To convict Defendant under § 3146(a)(1), the Government must prove that: 1. He had been released EFTA01074717 People v. de Jongh Crim. No. ST-I5-CR-309 Defendant's Motion to Dismiss the Information Page I3 of 25 on bail pending trial; 2. He was required to appear before a court; and 3. He knowingly failed to appear. Neither 18 U.S.C. § 3141, et. seq. nor the Federal Rules of Criminal Procedure, see Fed. R. Crim. P. 46, authorize the United States Marshal's Service to grant bail or release a criminal defendant on conditions pending trial. Defendant is therefore correct that the Marshal's Service is not a `court' under § 3146(a)(1). Inasmuch as the Marshal's Service is not a 'court', failure to appear before it, as ordered by this Court, does not violate § 3146(aX1)." (citations omitted)). If the allegations do not support each and every element of the crime charged, the Information must be dismissed. See United States v. Brownfield, 130 F. Supp. 2d 1177, 1184 (C.D. Cal. 2001) (indictment under to 18 U.S.C. § 876 and 1 U.S.C. § 1 for sending letter to FBI via U.S. Mail containing threat to another person dismissed as "the text and legislative history of both section 876 and section 1, relevant case law, and the longstanding principles of statutory interpretation support prosecution under section 876 only when the threatening communication is addressed to a person and not an agency of the federal government."). As explained below, the allegations against Gov. de Jongh do not constitute a crime. B. The Relevant Statutes In this case, there are three statutes that must be examined. Count One charges Gov. de Jongh with violating Section 1662(1) of Title 14 of the Virgin Islands Code, which reads in relevant part: DUDLEY, TOPPER AND FEUERZEIG, LIP 1000 Fredetikoterg Gab P.O.ar; rse ahem's. u.s.vi. 0080/4786 (MD) 774-4412 Whoever, being a public officer or person charged with the receipts, safekeeping, transfer or disbursement of public monies — (1) appropriates the same, or any portion thereof to his own use or the use of another, without authority of law; ... shall be fined not more than ten thousand ($10,000) dollars or imprisoned not more than ten (10) years, or both, and shall be disqualified from holding any public office. EFTA01074718 People v. de Jongh Crim. No. ST-I 5-CR-309 Defendant's Motion to Dismiss the Information Page 14 of 25 V.I. Code Ann. tit. 14, § 1662(1) (bold and italics added). Count Two charges Gov. de Jongh with violating Section 1663(1) of Title 14 of the Virgin Islands Code, which reads in relevant part: Whoever — (1) being an officer charged with the receipt, safekeeping, or disbursement of public money, neglects or fails to keep and pay over the same in the manner prescribed by law; ... shall be fined not more than ten thousand ($10,000) dollars or imprisoned not more than ten (10) years, or both, and shall be disqualified from holding any public office. V.I. Code Ann. tit. 14, § 1663(1) (bold and italics added). Both statutes were adopted in the original 1921 Virgin Islands Code and have changed very little over the years except for the punishments for violation, which have been increased by amendment.I5 The third statute, of course, is Act No. 6917, which specifically provides that $1,305,000.00 in public funds are available to be spent "for engineering designs, construction, repairs or the resurfacing of roads." C. The Rules of Statutory Construction It is axiomatic that a statute must be enforced as written, because its plain language is most relevant in determining legislative intent: DUDLEY, TOPPER AND FEUERDEIG, LIP loco Frociseition, Gado RO. floc 756 Si. Tian's. U.S V.L 00604-0758 (340) 774-4422 In interpreting a statute, we commence with the plain language of the statute. If the language is clear and unambiguous, there is no need to resort to any other rule or statutory construction. Dodd v. United States, 545 U.S. 353, 359, 125 S. Ct. 2478, 162 L. Ed. 2d 343 (2005) (holding that when the statute's language is plain, the sole function of the Court, at least where the disposition required by the text is not absurd, is to enforce it according to its terms.) Accord Gilbert v. People, 52 V.I. 350, 356 (V.I. 2009). See also In re Adoption of Sherman, 49 V.I. 452, 468 (V.I. 2008) ("In IS A copy of Chapter 9 of the 1921 Code is attached hereto as Exhibit J. EFTA01074719 People v. de Jongh Crim. No. ST-I5-CR-309 Defendant's Motion to Dismiss the Information Page 15 of 25 interpreting a statute, the court looks first to the statute's plain meaning and, if statutory language is facially unambiguous, its inquiry comes to an end") (internal quotation marks and citations omitted). The United States Court of Appeals for the Third Circuit has held consistently that legislative intent is presumably expressed through ordinary meaning of the words it chose to use, and if the statutory language is unambiguous, the plain meaning of words is ordinarily regarded as conclusive. DUDLEY, TOPPER AND FEUERZEIO, LLP '000 Rocinsterg Gado PO. Box 756 Thomas. US. MI. 00804-0766 040 774.4412 Shoy v. People, 55 V.I. 919, 926-927 (V.I. 2011). Accord James v. de Jongh, 52 V.I. 202, 208 (Super. Ct. 2009) ("Courts must presume that a legislature says in a statute what it means and means in a statute what it says there. Consequently, the first step in interpreting a statute is to determine whether the language at issue has a plain and unambiguous meaning with regard to the particular dispute in the case. When the words of a statute are unambiguous, then, this first canon is also the last: judicial inquiry is complete." (citations and internal quotations omitted). "The plain meaning of a statute will typically heed the commands of its punctuation." Pawn 1st LLC v. City of Phoenix, 294 P.3d 147, 149 (Ariz. Ct. App. 2013) (internal quotation omitted). Analyzing a statute for its plain meaning, then, requires an examination of its punctuation. See In re Lehman Bros. Mortgage-Backed Securities Litig., 650 F.3d 167, 176 (2d Cir. 2011) (to interpret the statute at issue, "we begin, as we must, with the statute's text, considering the ordinary meaning of Congress's chosen language as informed by its punctuation."). The grammatical rule known as the "doctrine of last antecedent" is the concept most germane to this Court's analysis. "Under that principle, qualifying words, phrases, and clauses are to be applied to the words or phrase immediately preceding, and are not to be construed as extending to and including others more remote." Elliot Coal Mining Co., Inc. v. Director, Office EFTA01074720 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 16 of 25 DUDLEY, TOPPER AND FEUERZEICL LLP 1000 Ft6961kiberg P.O. Box 756 64.11wma. U.S. V.L 000044)756 (940) 774-4422 of Workers Compensation Programs, 17 F.3d 616, 629 (3d Cir. 1994) (internal quotation omitted). "Under the normal rules of English punctuation for words in a series, it is the absence of a comma or other punctuation before the coordinate conjunction 'or' that would indicate it and its modifier, the limiting adjective clause, are to be treated separately rather than as part of the whole series. Conversely, the presence of a comma before the last clause in the statute suggests that the limiting clause applies to the entire series." Id. at 630 (citation and internal quotation omitted). Accord• State v. Kluessner, 389 N.W.2d 370, 371-372 (Iowa 1986) ("Ordinarily, qualifying words and phrases refer only to the immediately preceding antecedent. The absence of a comma following 'special verdict' also suggests that the phrase 'upon which a judgment of conviction is tendered' was intended to modify only 'special verdict' and was not intended to travel further forward in the sentence to modify 'plea of guilty' or 'verdict of guilty.' (citation omitted)); State v. Harm, 340 P.3d 1110, 1115 (Ariz. Ct. App. 2015) ("Here, the enhancer applies to 'any felony offense [committed] with the intent to promote, further or assist any criminal conduct by a criminal street gang.' A.R.S. § 13-714 (emphasis added). In contrast, the offense Harm was acquitted of penalizes commission of 'any felony offense, whether completed or preparatory for the benefit of, at the direction of or in association with any criminal street gang.' A.R.S. § 13-2321(B) (emphasis added). In the absence of a comma separating 'preparatory' from "for the benefit of,' we must read the singular, unitary provision, 'preparatory for the benefit of,' as a non-restrictive clause modifying 'any felony offense.'"); Pawn 1st LLC, 294 P.3d at 311-312 ("Among the rules of punctuation we consider is the 'last antecedent rule.' As applied in Arizona, the last antecedent rule requires that a qualifying phrase be applied to the word or phrase immediately preceding as long as there is no contrary intent indicated." (citation EFTA01074721 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 17 of 25 and internal quotation omitted). The Supreme Court of the Virgin Islands applied the doctrine of last antecedent in Fontaine v. People, 59 V.I. 1004 (V.1.2013). In Fontaine, the Office of the Territorial Defender ("OTD") moved the trial court for permission to withdraw from representation of an indigent defendant. The motion was denied. On appeal, OTD argued that it had the right to unilaterally withdraw under Virgin Islands Code Ann. tit. 5, § 3524 ("Section 3524"), which provides: "When representing an indigent client in a criminal proceeding before the Superior Court, the Public Defender shall counsel and defend such client at every stage of the proceedings against him, and at any appeals or other remedies before or after conviction that he considers to be in the interest of justice." Id. at 1009. Affirming the court below, our Supreme Court relied on the doctrine of last antecedent to interpret Section 3524: DUDLEY, TOPPER AND FEUERZEIG, LLP WOO Fr9191440,40 owe P.O. Bat 756 St. 77anas. U.S. V.I. 00604-0756 (340) 774.4422 Although not directly stating so, it appears that Onyejekwe believes that the language "that he considers to be in the interest of justice" modifies all language that precedes it. We disagree. When interpreting a statute, courts should consider the grammatical "rule of the last antecedent," under which `a limiting clause or phrase ... should ordinarily be read as modifying only the noun or phrase that it immediately follows." Barnhart v. Thomas, 540 U.S. 20, 26, 124 S. Ct. 376, 157 L. Ed. 2d 333 (2003). "The last antecedent is the last word, phrase, or clause that can be made an antecedent without impairing the meaning of the sentence." Waid v. State ex reL Dept of Transportation, 996 P.2d 18, 23 (Wyo. 2000) (quoting 2A Sutherland Statutory Construction § 47.33 at 270 (5th ed. 1992)) (internal quotation marks omitted); accord Newberry Station Homeowners Ass'n v. Board of Supervisors, 285 Va. 604, 740 S.E.2d 548, 554 (2013). Applying the rule of the last antecedent, the language in section 3524 Onyejekwe relies on — "that he considers to be in the interest of justice" — would only modify "other remedies before or after conviction," and not "appeals" or "every stage of the proceedings against him." EFTA01074722 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 18 of 25 Fontaine, 59 V.I. at 1009-1010. Applying the doctrine of last antecedent in the matter at bar must lead to a dismissal of the Information. In this case, the probable cause affidavit signed by V.I.P.D. Special Agent Kenneth Schulterbrandt Jr. dated August 17, 2015 (the "Schulterbrandt Affidavit" (Exhibit K)), was used to support the charges in the Information. The Schulterbrandt Affidavit was obviously (but without attribution) cribbed directly from the OIG Report.16 Schulterbrandt alleges that Gov. de Jongh acted "without authority of law" (required under V.I. Code Ann. tit. 14, § 1662(a)) and "neglect[ed] or failed] to keep and pay over the same in the manner prescribed by law" (required under V.I. Code Ann. tit. 14, § 1662(a)) solely because the $490,000.00 used for the de Jongh construction project was dedicated exclusively for "territorial road projects," and not construction projects like the de Jongh security construction. (Schulterbrandt Affidavit ¶ 7.) Schulterbrandt concludes that Gov. de Jongh "unlawfully diverted ... Act No. 6917 [funds] to serve his own personal interests." (Id. ¶ 13.) Maddeningly, Schulterbrandt concludes by making the exact same error made in the OIG Report, asserting that Gov. de Jongh "willfully, knowingly and intentionally misappropriated specifically earmarked public funds that belonged to the United States Virgin Islands Government and were to be used solely for the purpose of engineering design, O1./DLEY, TOPPER AND FEUERZEIG, LLP IOW Frederiksberg OS. PO. Box 756 St Thomas. US V1006140756 (340) 774.4472 16 Compare Exhibit K to Exhibit H, the OIG Report. That Schulterbrandt simply copied the OIG Report for his probable cause affidavit is obvious. It is also deeply disturbing that Schulterbrandt did not perform his own independent investigation. When the Court grants Gov. de Jongh's pending motion for a probable cause hearing, the Court can ask Schulterbrandt under oath why he gave such a rubber-stamp to a document the contents of which he plainly had no personal knowledge. EFTA01074723 People v. de Jongh Crim. No. ST-I5-CR-309 Defendant's Motion to Dismiss the Information Page 19 of 25 DUDLEY, TOPPER AND FEUERZEIO, LLP 1000 Fnic1/44100mg 0.050 12.0. Bat 756 St Tres. U.S. VI 00604-0756 (310) 774.4422 construction, repair, or resurfacing of roads in the United States Virgin Islands." (Id. ¶ 14 (bold and italics added).) Like the OIG Report he plagiarized for his affidavit, Schulterbrandt misspells "design" and "repair," both of which are in plural form in Act No. 6917. More importantly, Schulterbrandt inserts a comma between the noun "repair" and the conjunction "of' that does not appear in Act No. 6917. As the Attorney General would have it, then, Act No. 6917 must be read as authorizing expenditure only on (1) engineering designs of roads; (2) construction Qf roads. (3) repair of roads. or (4) resurfacing of roads. Nonsense. First if the Senate had intended to limit the expenditure of Act No. 6917 funds only on roads, the statute would simply have read: "The sum of $1,305,000 is appropriated in the fiscal year ending September 30, 2007, ... to the Department of Public Works for roads." The rest — engineering designs, construction and repairs — would be mere surplusage. The law abhors such a result. See DelRio-Mocci v. Connolly Properties, Inc., 672 F.3d 241, 249 (3d Cir. 2010) ("It is a well known canon of statutory construction that courts should construe statutory language to avoid interpretations that would render any phrase superfluous." (internal quotation omitted)). As explained in detail above, the de Jongh construction project was not the only non-road "construction" paid for with Act No. 6917 funds. Hundreds of thousands of dollars were spent on vaults at Eastern Cemetery and for drainage projects on St. Croix and St. Thomas. (See Exhibits C, E, F.) Act No. 6917 is plainly broad in scope and does not limit use of the $1,305,000.00 appropriated only for "roads." Second the Attorney General's recitation of Act No. 6917 (and that of Special Agent EFTA01074724 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 20 of 25 Schulterbrandt and the OIG) fails to account for the actual words and punctuation of Act No. 6917.17 Indeed, the Attorney General goes beyond mere error by omission and writes into Act No. 6917 punctuation and words that do not appear in the statute. At best this amounts to recklessness on the part of the Attorney General; at worst, it exposes this case as a frame-up job by Gov. de Jongh's detractors. In any event, there is no comma after "repair" and before "or" in Act No. 6917. Applying the doctrine of last antecedent, each noun — "engineering designs," "construction," "repairs," and "resurfacing" stand apart, and the qualifying phrases "of roads" solely modifies the last antecedent in the sentence — i.e., "resurfacing." See Garza v. Sun Life Assur. Co. of Canada, 2013 U.S. Dist. LEXIS 60469, '23-24 (S.D. Tex. April 29, 2013) ("The Court can discern no reason, grammatical or otherwise, why the last antecedent rule does not apply in the case before it; the presence of a single comma between `infirmity or disease of any kind' and `infection unless due to an accidental cut or wound' indicates that the modifying language applies only to Infection.'"); Md. Dep't of the Env't v. Underwood, 792 A.2d 1130, 1139 (Md. Ct. App. 2002) ("Section 9-276(a) imposes liability for reimbursement on the 'owner or operator of the site or any other person who caused the tires to be stored or disposed of at the site in violation of this subtitle.' Respondents' interpretation of this section would have the clause 'who caused the tires to be stored or disposed of at the site in violation of this subtitle' modify all three categories of potential responsible parties described in the statute, i.e. the 'owner,' the 'operator,' DUDLEY, TOPPER AND FEUERZEIG, LLP 1000 FrodyloW49 ask pa Bac TM &Aleut V.1.00604-0756 (340) 7744422 17 Almost amusingly, Schulterbrandt swears that the V.I. Department of Public Works relied upon the January 2010 OIG Report when it told the V.I. Public Finance Authority in April 2007 that Act No. 6917 funds could be used for the de Jongh construction project. (Schulterbrandt Affidavit 117.) Clearly, the Schulterbrandt Affidavit was drafted and executed in a most slapdash fashion. EFTA01074725 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 21 of 25 DUDLEY, TOPPER AND FEUERZEIO, LLP 1000 Freckgloberg Gale P.O. Box 756 &Mows. US. V.1.006040756 (340) 774-4422 and `any other person.' That interpretation, however, ignores the clear meaning of the structure and relationship of the words as they appear in the statute and does not acknowledge the generally recognized rule of statutory construction that a qualifying clause ordinarily is confined to the immediately preceding words or phrase - particularly in the absence of a comma before the qualifying phrase. In consideration of that principle, we are unable to adopt Respondents' interpretation." (citations omitted)); Doe v. Michigan Dep't of Corrections, 236 Mich. App. 801, 811, 601 N.W.2d 696 (Mich. Ct. App. 1999) (White, J., concurring) ("The absence of a comma after 'private agency' in both the PWDCRA's and CRA's definitions of 'public service' supports that the phrase 'established to provide service to the public' modifies only 'a tax exempt private agency.' Qualifying words and phrases in a statute refer solely to the last antecedent in which no contrary intention appears. In this instance, the modifying clause ('established to provide service to the public') is confined to the last antecedent ('a tax exempt private agency'). Nothing in the subject matter or dominant purpose of the statute requires a different interpretation."). In sum, if there actually were a comma inserted into Act No. 6917 between the noun "repair" and the conjunction "or," the statute might be interpreted in a way that favors the Attorney General. It does not. And it is not the place of the Attorney General to rewrite Act No. 6917 to suit his fancy — or to advance someone's political or personal agenda. The plain language of Act No. 6917 confirms that the funds at issue were available to spend on the construction at the de Jongh residence. Therefore, Gov. de Jongh did not act "without authority of law." Governor de Jongh's actions were completely within "the manner prescribed by law." The Information does not state an offense. The charges under V.I. Code Ann. tit. 14, §§ 1662(a) and 1663(a) must be dismissed. EFTA01074726 People v. de Jongh Crim. No. ST-I5CR-309 Defendant's Motion to Dismiss the Information Page 22 of 25 DUDLEY, TOPPER AND FEUERZEIG, LLP 1003 Frecledubet5 Gede P.O. Box 756 St. WIGS US. VI 006050756 (340) 774-4422 Finally, Gov. de Jongh expects the Attorney General to offer in opposition statements by some or all of the six anonymous senators referred to in the OIG Report who (we assume) will attest to a contrary reading of Act No. 6917. The Court must not fall for the prosecution's tainted bait. "The general rule is that, in determining legislative intent, the views of individual drafters are not considered as grounds upon which to construe a statute." C-Y Devel. Co. v. City of Redlands, 187 Cal. Rptr. 370, 374 (Cal. Ct. App. 1982). When a statute is vague, courts sometimes turn to its legislative history to aid in its interpretation, but not, as here, when the statute at issue is plain and unambiguous. See People v. Lake, 59 V.I. 178, 184 (Super. Ct. 2013) ("A court may "presume that the legislature expresses its legislative intent through the ordinary meaning of the words it chooses to use, and if the statutory language is clear, it is not necessary to look for congressional intent from legislative history."); accord C-Y Devel. Co., 187 Cal. Rptr. at 374 ("An exception has sometimes been made where the drafters' views were clearly and prominently communicated to the legislators at the time the measure was being considered for enactment, on the theory that there was reason to believe that the other legislators were influenced in their view of the bill by the drafters' communicated views, but the exception has been largely confined to a setting in the Legislature where a limited number of legislators may clearly be expected to be so influenced. The exception is also clearly confined to views expressed while the measure was being considered, and does not concern expressions of individual motivation made after the fact." (italics added)). Act No. 6917 was not debated in the Senate. It was passed by voice vote as one section of a multiple-provision omnibus spending bill containing a plethora of amendments, each EFTA01074727 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 23 of 25 DUDLEY, TOPPER AND FEUERZEIO, LLP 1003 Frederksberg Gado P.0.B04 758 Si. Thomas. U.S. VL 038040793 (340) 774-4422 sponsored by particular senators. Act No. 6917 was sponsored by Sen. Dowe, who was copied on correspondence between the Department of Public Works, Department of Property and Procurement, and the V.I. Public Finance Authority, all of which contained references to the de Jongh security project. (See Exhibits C, E, F.) Apart from this correspondence, there is no legislative history of record. If the Attorney General proffers the statements of current and former senators who voted on Act No. 6917 concerning their understanding of it, the Court must reject the proffer out of hand as they are entitled to no weight. See Barber v. Thomas, 560 U.S. 474, 486 (2010) ("And whatever interpretive force one attaches to legislative history, the Court normally gives little weight to statements, such as those of the individual legislators, made after the bill in question has become law." (italics in original)); Gustafson v. Alloyd Co., Inc., 513 U.S. 561, 579 (1995) ("Material not available to the lawmakers is not considered, in the normal course, to be legislative history. After-the-fact statements by proponents of a broad interpretation are not a reliable indicator of what Congress intended when it passed the law, assuming extratextual sources are to any extent reliable for this purpose."); Veasey v. Abbott, 796 F.3d 487, 502 (5th Cir. 2015) ("Moreover, the district court appeared to place inappropriate reliance upon the type of postenactment testimony which courts routinely disregard as unreliable."). The Court need not become embroiled in an unseemly debate over the credibility of senators who did not even bother to place their supposed understanding of Act No. 6917 in the legislative record. Such public servants as these have no business swearing to a purported secret "understanding" of a statute they did not bother to question before casting their votes in favor of — or in assisting the Attorney General in his quest for an illegal conviction. EFTA01074728 People v. de Jongh Crim. No. ST-15-CR-309 Defendant's Motion to Dismiss the Information Page 24 of 25 Fortunately, the language of Act No. 6917 is unambiguous. It includes "construction" as one of the permitted uses of its reprogrammed funds. Since the de Jongh security project involved construction, Gov. de Jongh, the Department of Public Works, the Department of Property and Procurement and the V.I. Public Financing Authority all acted with the appropriate legal authority. There is no reason to perpetuate the Attorney General's charade any longer. The Information must be dismissed. WHEREFORE, the Information dated September 2, 2015, must be dismissed. Respectfully submitted, Dated: November 3, 2015 DUDLEY, TOPPER AND FEUERZEIG, LIP 1003 Frodoluteg GeN P.O. Dm 758 SL Thris. UAL VI 008040756 (340) 7744422 DUDLE OPP and F ERZEIG, LLP Mich C. Qu (V.I. No. 1101) Law House, 1000 Frederiksberg Gade P.O. Box 756 St. Thomas, VI 00804 Telephone: (340) 774-4422 Facsimile: (340) 715-4400 Email: [email protected] Counsel for Defendant John P. de Jongh, Jr. EFTA01074729 People v. de Jongh Crim. No. ST-I5-CR-309 Defendant's Motion to Dismiss the Information Page 25 of 25 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 3d day of November, 2015, a true and exact copy of the foregoing was sent via First Class U.S. Mail to: AAG Quincy McRae Chief, Criminal Division AAG Daniel Huston Department of Justice 48B-50C Kronprindsens Gade GERS Bldg., 2nd Floor St. Thomas, VI 00802 Attorneys for the People of the V.I. With a copy via e-mail to: [email protected] [email protected] DUDLEY, TOPPER AND FEUERZE10, LLP 1000 Froderke0440 Gide PA). Box 756 a We, Ult V100604-07% (340)774-4422 EFTA01074730 EXHIBIT A EFTA01074731 3407763494 RECEIVED 09/02/2815 03:07PM 3407154400 OUECEY FEIJERZ 03:C0:26 p.m. 09-02-2015 2 /8 IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AM) ST. JOHN PEOPLE OF THE VIRGIN ISLANDS, ) ) CRIMINAL NO. ST-IS-CR-309 Plaintiff; ) CRIMINAL NO. ST-IS-CR-310 ) CHARGES: vs. —)- 2 Counts 14-V.I.C. §§ 1662(1 ),-11(a) ) 2 Counts 14 V.I.C. §§ 1663(1), 11(a) ) JOHN P. de JONGH, JR., and ) JULITO FRANCIS, ) ) Defendants. ) ) INFORMATION The People Of The Virgin Islands Charges That: COUNT ONE On or about April 2007 through January 2009, JOHN P. de JONGH, JR., while aided and abetted by Julito Francis, being a public officer or person charged with the receipt, safekeeping, transfer or disbursement of public monies, appropriated the same, or any portion thereof to his own use or the use of another, without authority of law, to wit: in his capacity as Governor of the Virgin Islands he initiated the process of the conversion of public funds to private use by the execution of contracts to convert Four Hundred Ninety Thousand Dollars and Twenty-Five Cents ($490,000.25) of governmental highway funds to the funding of improvements to his private residence, in violation of VJ. CODE ANN. tit. 14 § 1662(1); V.I. CODE ANN. tit. 14 § 11(a). [EMBEZZLEMENT OF PUBLIC ACCOUNTS] EFTA01074732 3407763494 RECEIVED 09/02/2015 03: 07PM 3407154400 DUDLEY TOPPER FELERZ 03:08:34 p.m. 09-02-2015 3 /8 people v. JOHN?. de IONG11. JR. & JULITO FRANCIS CRIMINAL Nos. ST-I 5-CR-309 & ST-15-CR-310 Information Page 2 COUNT TWO On or about April 2007 through January 2009, JOHN P. de JONGII, JR, while aided and abetted by Julito Francis, being a public officer or person charged with the receipt, safekeeping,-transfer-or disbursement of public moniesurieglected or failed to keep and pay over- - -- the same in the manner proscribed by law, to wit: in his capacity as Governor of the Virgin Islands he participated in the conversion of public funds to private use by the execution of contracts to convert Four Hundred Ninety Thousand Dollars and Twenty-Five Cents ($490,000.25) of governmental highway fluids to the funding of improvements to his private residence without legislative authorization, in violation of V.I. CODE ANN. fit. 14 § 1663(1); V.I. CODE ANN. tit. 14 § 11(a). [EMBEZZLEMENT OF PUBLIC ACCOUNTS] COUNT THREE On or about April 2007 through January 2009, JULITO FRANCIS, while aided and abetted by John P. de Jongh, Jr., being a public officer or person charged with the receipt, safekeeping, transfer or disbursement of public monies, appropriated the same, or any portion thereof to his own use or the use of another, without authority of law, to wit: in his capacity as Director of the Public Finance Authority of the Virgin Islands he participated in the conversion of public funds to private use by authorizing Four Hundred Ninety Thousand Dollars and Twenty-Five Cents ($490,000.25) of governmental highway funds to be used for improvements to Governor John P. De Jongh, Jr.'s private residence, in violation of V.L CODE ANN. tit. 14 § 1662(1); V.I. CODE ANN. tit. 14 § 11(a). [EMBEZZLEMENT OF PUBLIC ACCOUNTS] EFTA01074733 RECEIVED 09/02/2015 03:07PM 3407154400 DUDLEY TCPPER FEUERZ 340)763494 03:08:44 p.m. 09-02-2015 4 /8 People v. JOHN P. de JONG!? JR. & !MIT() FRANCIS CRIMINAL Nos. ST-I5-CR-309 & ST-15-CR-310 Information Page 3 COUNT FOUR On or about April 2007 through January 2009, JULITO FRANCIS, while aided and abetted by John P. de Jongh, Jr., being a public officer or person charged with the receipts, safekeeping, transfer or disbursement.of public monies, neglected or failed-to keep and pay over the same in the manner proscribed by law, to wit: in his capacity as Director of the Public Finance Authority of the Virgin Islands he participated in the conversion of public funds to private use by authorizing Four Hundred Ninety Thousand Dollars and Twenty-Five Cents ($490,000.25) of governmental highway funds to be used for improvements to Governor John P. De Jongh, Jr.'s private residence without legislative authorization, in violation of V.I. CODE ANN. tit. 14 § 1663(1); V.I. CODE ANN. tit. 14 § 11(a). [EMBEZZLEMENT OF PUBLIC ACCOUNTS] Respectfully submitted, CLAUDE EARL WALKER, ESQUIRE Acting Attorney General of the U.S. Virgin Islands DATED: Septvnber 2.2015 BY:, 9,04)4l ceaA.#4 DANIEL HUSTON, ESQUIRE Assistant Attorney General V.I. Department of Justice EFTA01074734 EXHIBIT B EFTA01074735 6-0 t/ DEPARTMENT OF JUSTICE OFFICE OF THE ATTORNEY GENERAL 34-38 Kmaptiadteas Cade CERS Complex, 2" Floor St. Tbomas,Y.L 00802 (340) 774-5668 Fax: (340) 7763494 Monday, January 22, 2007 VIA FACSIMILE AND HAND DELIVERY Honorable Robert Moorehead Acting Commissioner Department of Public Works 8244 Sub Base St. Thomas, Virgin Islands 00802 116040 Estate Castle Coaldey Chrbdaaeted St. Croix, V.1.00820 (340)773-0295 Fax: (340) 773-1425 Re: Security related Improvements to Governor's Private Residence A.G.O. File No. SOL-07-0154 Dear Acting Commissioner Moorehead: Iv 1/40 Mr. Othniel Vanterpool, Director of Operations at the Department of Public Works, recently advised this Office that Governor de Jongh intends, during his term of Office, to reside at his private residence rather than the Governor's official residence on Denmark Hill. He also advised that, as a result of the Governor's decision, security related improvements will have to be made at the Governor's private residence. Mr. Vanterpool requested advice on whether the cost of such improvements may be properly incurred by the Government. It is our opinion that the cost of security related improVements to the Governor's residence may be properly incurred by the Government. An expenditure of public funds is permissible, even if a private individual derives a special benefit, as long as a public purpose is served and that public purpose is the primary reason for the expenditure. See, e.g., State ex rel. Corbin v. Superior Court, 767 P.2d 30 (Ariz. 1988); Duckworth v. Kansas City, 758 P.2d 201 (Kansas 1988). Also, it is well established that there is a public interest in providing security for the Governor and protecting his person. See Times Mirror Co. v. Superior Court, 813 P.2d 240, 253 (Cal. 1991); City of San lose v. Superior Court, 88 Cal.Rptr.2d 552, 560 (Cal. 1999) (recognizing public interest in protecting Governor's physical security). IIMONMUNDWIS GADIL COMMIX1* FLOOR. St 190NAS VIRGIN MANN KM MO CAME COAKLEY. tittICH CENTER SLOG. OTRISMCNITIA ft CROIX us. VIRGIN ISLANDS NIX EFTA01074736 Honorable Robert Moorehead January 22, 2007 Page 2 of 2 Thus, pursuant to the applicable authorities, public funds may properly be expended to pay the cost of improvements at the Governor's private residence for the purpose of protecting the Governor. Securing the protection of the Governor is recognized as a valid public purpose and would be the primary purpose in.making security improvements to his private residence. Since the improvements to the Governor's private residence would serve a public purpose, it is a permissible expenditure of private funds, even if the Governor may derive a special benefit, such as appreciation of the value of his private residence. ez, Corbin, supra, 767 P.2d at 33 (loan or expenditure of arbitrage earnings on proceeds of industrial development bonds may be constitutionally permissible, even if some private individual or organization thereby derives special benefit, as long as public purpose is thereby served); Nichols v. South Carolina Research Authority, 351 S.E.2d 155 (S.C. 1986) (because a private individual makes a profit as a result of legislation does not change the public purpose into a private purpose). Should you have any questions or require additional information, please contact me or Acting Solicitor General Paul Paquin at 774-5666. Sincerely, ektth r• cicAN0 Elliott M. Davis Acting Attorney General cc: Honorable John P. de Jongh Governor, US. Virgin Islands Othneil Vanterpool Deputy Commissioner of Operations Department of Public Works P:\Sollcitor . CeADATA\LIMIPS\Moorentad.CorSenitily.dac EFTA01074737 EXHIBIT C EFTA01074738 cSc GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNITED STATES iSIrr; OFFICE OF THE COMMISSIONER January 30, 2007 amtkommam... PUBLIC WORKS DEPARTMENT 8244 Si./8 BASE ST. THOMAS, V.I. 00802-580S Honorable John P. deJough Jr. Governor of the Virgin Islands Chairman of Board, Public Finance Authority Office of the Governor, 21-22 Kongens Gade St. Thomas, VI 00802 RE: Funding Request Dear Honorable Governor delongh: TEL; (340) 7754844. Ext. 2071200 (3401774-1301 FAX: (340) 774.5889 The Department of Public Works is respectfully requesting your support and approval to de-obligate funds in the amount of $1,305,000.00 from the 1992 Construction Bonds, reserved for the Nadir Bridge Project, as amended by Act 6427. With Senate approval, the funds will aid in the financing of the projects listed below. Constriction of Security Booth & Road bnprovaneats at Governor's Residence Eastern Cemetery— Construction of Vaults Goat WU Paving and Drainage Improvements Route 82—Drainage Improvements Planing & Design Contract for Leonardo Troonast Drive Drainage Improvement of Plot ID at Estate Princess (Estbnaecf Cat) SIT 8275,000.00 STT 5350,800.00 SIX $334,545.00 SIX 8135,000.80 STT $200,000.00 SIX 5121,269.50 Tots! $1,415,814.50 The Nadir Bridge Project is part three of a three-phase project. Phase one has been completed; however phase two has not yet began. It is approximated that it will be at EFTA01074739 Honorable Governor delongh Funding Request Page 2 of 2 minimum, three years before phase three can begin; therefore allowing significant time to obligate other monies for that project. The above-identified needs have been communicated to the Acting Director of the Public Finance Authority. Upon your approval, I am hereby requesting that you forward this request to the 271h Legislature requesting that Act 6427 be amended Thank you for your assistance and should you need any additional information pertaining to this request, do no hesitate to contact us. Sincerely, Robert Acting Commissioner RUNDMCNirDB/ANfdc delay Nielsen, Deputy Commissioner of Engineering Wystan Benjamin, Highway Program Manager Dayna Clendinen, Deputy Commissioner of Administration Cherrie W Cole. Acting Director Public Finance Authority Carbon Dorm, Senator 27. Legislature EFTA01074740 EXHIBIT D EFTA01074741 -. r • Bill No: TWENTY-SEVENTH LEGISLATURE OF THE VIRGIN ISLANDS Territory of the Virgin Islands REGULAFJSPECIAL SESSION 2007 ROLL CALL 00 Date: -31.9 flog Act. a 11-end's:Le (frie_ Vit6rn ±-6lark-I5 Ceded, +rift t .5eSpn P4 relaitinc -lo (Ple. eveic- L096frile_. I ehaiXer Pu-eto,(rcicrio Um. unceorrn Conninf Areta4-m me 01N Jae. 0{-4ht (We Pub 54; 44 1c 3 emed-ton iiilethry 40 me. virgrrr £6landa COnrwil %kr), ,)-(4- e- 3 6e &lion go“e-i AttetkLy 10 (111 Agt t4,,e 9 an eGISLATIYE HISTORY tvtl I, is 4 O,1 5tu f (La appvpria,frans aid CV ov-4{C RaP° (a) Introduced and sent to Committee on Date (b) Reported from Committee and sent to Rules on (c) Reported from Committee on Rules (d) Recalled front Committee by Special Order (e) Adopted on (0 Rejected on Reel tgaktnenE d MEMBERS YEA NAY ABSENT NOT VOTING DAVIS, Liston A. '''WE, Carlton FIGUEROA- SERVILLE, Juan HILL, Louis Patrick q JAMES, Neville 5 . JN. BAPTISTE, Norman 6 MALONE, Shawn-Michael NELSON, Terrence I g OTTLEY, Basil C3 RICIIARDS, Usic It RUSSELL, Ronald, E. 1 0 WEBER, James III I ( WESSELHOFT, Carmen M. / 2 "‘ WHITE, Celestine A. Sr. 13 .F.1.IAMS, Alvin L.. EFTA01074742 FLOOR BILL NO. 027-t00429 Twenty-Seventh Legislature of the Virgin Islands of the United States -t-tgye4v;,^ MARCH 21, 2007 An Act amending the Virgin Islands Code, titlel section 14 relating to the Code Revisor, title 1 chapter 17 relating to the Uniform Law Commission, title 2 relating to the Office of the Code Revisor, title 3 section 408 relating to the Virgin Islands Heritage Commission; title 3 section 706(c) relating to the reemployment of retirees and making several appropriations and for other purposes PROPOSED BY: Senators Liston A. Davis, Carlton "Ital" Dowe, Juan Eigueroa-Serville, Louis Patrick Hill, Neville A. James, Norman Jn Baptistc, Shawn-Michael Malone, Terrence "Positive" Nelson, Basil Ottley, Jr. Usie R. Richards, Ronald E. Russell, James A. Weber III, Celestino A. White, Sr., Carmen M. Wesselhoft and Alvin L. Williams 1 2 3 SECTION 1. Title 1 Virgin Islands Code section 14, subsection (b) is amended 4 by striking "and after the first occurrence of "Virgin Islands", by inserting after the 5 second occurrence of "Virgin Islands" "and the Code Revisor" and after "member" b 6 striking "of' and inserting a comma (,), and after "Governor" by inserting "the Code lie it enacted by the Legislature of the Virgin Islands: 7 Revisor". 8 ,teerei 9 10 EFTA01074743 1 2 3 4 5 6 7 8 9 10 11 12 )13 14 15 16 17 18 19 20 21 22 23 24 25 6 instances: (a) Section 301, subsection (a) is amended by striking the introductory, sentence and inserting in its place a new sentence to read as follows: "There is established in the Legislature of the Virgin Islands for budgetary reasons only, the Virgin Islands Commission on T Jniform State Laws. The Commission consists of five members appointed or designated as follows:"; (b) by redesignating the second sentence in paragraph (3) as the first sentence.* in paragraph (b); and by adding paragraphs (4) and (5) to read as follows: "(4) The Chief Justice of the Supreme Court or the Chief Justice's Designee; (5) The Code Revisor or the Code Revisor's designee" (c) Subsection (b) is amended by adding a sentence at the end of that subsection to read: "The Commission shall also submit an annual budget as provided in title 2 Virgin Islands Code chapter 2. (b) Section 303 is amended by adding subsection (c) to read as follows: "(c) There is appropriated each fiscal year sufficient funds to pay the Territory's membership dues to the National Conference of Commissioners of Uniform State Laws and to pay the costs for each Conimission member to attend the annual meeting of the National Conference as required by subsection (a)." SECTION 3. Title .2 Virgin Islands Code chapter 10a section 302 (h) is amended in the following instances: "(a) by striking the language in paragraph (5) and adding new language to read SECTION 2. Title 1 Virgin Islands Code chapter 17 is amended in the following: —;tif."fst • ; xx ;.1 EFTA01074744 1 2 3 4 5 6 7 8 9 10 11 12 )13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 "Determine within the limits of appropriations, the quantities of slip laws and volumes to be printed and published"; and "(6) Fix the prices at which the pamphlets and volumes provided for in this sections may be sold, but the pamphlets and Volumes must be distributed free of charge to the three branches of the Government. (7) Deposit the proceeds from the sales under paragraph (6) into an operating account to be used for publication costs associated with the preparation and publication of SECTION 4. Title 3 Virgin Islands Code chapter 22 sections 408; subsection (e) is amended by striking "Office of the Governor" and inserting "Department of Planning and Natural Resources" and by striking "six of whom shall be, by striking "Of the six appointed members", by striking the third and fourth sentences and by adding two new language to read as follows. "Four members shall reside on St. Croix. Four members shall reside on St. Thomas, and one member on St 4 ohm." SECTION 5. Title I irgin Islands Code, chapter 27, section 705 as amended by Act No. 6905 Will No. 26-0351) section 5, is amended in the following instances: (1) Subsection (d) is amended to read as follows: "(d) Any member who has completed thirty years of credited service may retire on a full service retirement annuity notwithstanding his age, without reduction of annuity. Additionally, any member who is age fifty (50) years with ten (10) but less than thirty (30) years of service may retire on a service annuity which shall be reduced by .325 of EFTA01074745 1 2 3 4 5 6 7 8 9 10 11 12 )13 14 15 16 17 18 19 20 21 22 23 24 )25 4 one percent for each month, or fraction thereof, that the member's age is less than sixty (60) years. A policeman, eligible employee with the Virgin Islands Water and Power, Authority, eligible employee working with chlorine, sewage or carcinogens, firefighter, including a firefighter employed by the Virgin Islands Port Authority, marshal of the. Superior Court and Supreme Court, probation officer of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals or corrections officer who has completed twenty (20) years or more of credited service as a policeman, eligible employee with the Virgin Islands Water and Power Authority, eligible employee working with chlorine, sewage or carcinogens;: fireman, including a fireman employed by the Virgin Islands Port Authority, marshal and probation officer of the Superior Court, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of health or the Virgin !Stands Hospitals, or corrections officer, or combination thereof, may retire notwithstanding his age without reduction of annuity." • service; or Any member whose withdrawal from service occurs: prior to age sixty (60) years and after at least ten (10) years of credited , (2) in the case of a policeman, eligible "employee vvrth the 'Virgin Iilands Water and Power Authority, eligible employee working with chlorine, sewage or,, • EFTA01074746 5 1 2 3 4 5 6 7 8 9 10 11 12 )13 14 15 16 17 18 19 20 21 22 23 24 ;25 26 carcinogens, fireman, including a fireman employed by the Virgin Islands Port Authority, marshal of the Superior Court, internal affairs agents, to include but not limited to the Director and Assistant Director and agents of the Internal Affairs Bureau of the Virgin Islands Police Department, peace officer as defined in Title 5, section 3561, Virgin Islands Code, emergency medical technician, a radiology or x-ray technician employed by the Department of Health or the Virgin Islands Hospitals, or corrections officer, prior to age fifty-five (55) years and after at least ten (10) years of credited service but not as much as twenty (20) years of credited service, and who has not received a refund of accumulated contributions, shall be entitled to receive a deferred service retirement annuity payable upon attainment of age sixty (60) or fifty-five (55) years, as the case may be.: and (2) Section 754 (e) (Conditions for service retirement) (as amended by Act 6905, Section 5 and designated as §806) is amended to read: "NotWithstanding his age, a police officer, firefighter, including a firefighter employed by the Virgin Islands Port Authority, marshal of the Supreme Court or the Superior Court, or corrections officer who has completed twenty years or more of credited service may retire on a full retirement annuity." SECTION 6. Act No. 6905, Section 5, item 13 is amended by striking the following amendatory language: "striking the word 'Twenty' and inserting the word `Twenty-Five wherever it appears"'. SECTION 7. Title 3 Virgin IslandS Code section 706 subsection (c) is amended in the first sentence after "75 days" by inserting "each year". EFTA01074747 6 ii 1 2 3 4 5 6 7 8 9 10 11 12 ,13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 8. Title 19 Virgin Islands Code chapter 53 section 1433 is amended by striking the second sentence and inserting a new sentence in its place to read as follows: "The Department of Health may not require a person who holds a valid annual health permit for a mobile food service to obtain additional health permits for operating an itinerant restaurant at Minable locations -dining tarniVal, festivals.and other public events, if the person notifies the Department in writing at least five business days before the event of the dates and the location of the sites at which he intends to operate". SECTION 9. Title 24 Virgin Islands Code chapter 17 section 451 (b), as added by Act No. 6857 (Bill No. 26-0225) is re-designated as title 5 Virgin Islands Code chapter 67 section 815. SECIION 110. Title 33 Virgin Islands Code section' 3028, subsection (c) is amended by striking "Chairman of the Commission" and inserting "Certifying Officer of the Legislature" and by striking "Commission pursuant to Title 1, chapter 17, VIC" and inserting Office of the Code Revisor provided in 2 V.I.C. §302". SECTION 11. Act No. 6864 (Bill No. 26-0313), is amended at the end of Section 26, by inserting the following sentence: "Ile sum remains available until expended." SECTION 12. Act No. 6864 (Bill No. 26-0313) Section 13 is amended at the end of subsection (c) by inserting the following sentence at the end thereof "the sum remains available until expended." SECTION 13. Act No. 6839 is amended at the end of Section 57 by adding a sentence to read as follows: "The sums appropriated remain available until expended EFTA01074748 1 2 3 expended." 7 SECTION 14. Act No. 6820 (Bill No. 26-0196) is amended at the end of SECTION 8 by adding a sentence to read as follows: "The sums remain available until 4 SECTION 15. Act No. 6771 is amended by adding Section 2 to read as follows:: 5 "SI iCTION 2. The sum appropriated in section 1 remains available until expended." 6 SECTION 16. Act No. 6427 Section 22 is amended by striking "S1,305,000". 7 8 9 10 11 12 113 14 15 16 17 18 19 20 21 22 23 24 ;25 26 SECTION 17. The sum of $1,305,000 is appropriated in the fiscal year ending September 30, 2007, from the General Fund to the Department of Public Works for engineering designs, construction, repairs or the resurfacing of roads. The sum remains available until expended. SECTION 18. The sum of $280,000 is appropriated for the fiscal year ending September 30, 2007, from the General Fund to the Department of Human Services for The Village Partners in Recovery, $200,000 of which must be used for prior years' obligations. The sum remains available until expended. SECTION 19. The sum of $50,000 is appropriated for the fiscal year ending September 30, 2007, from the General Fund to the Department of Ilousing, Parks and Recreation for Pre- Carnival and Carnival 2007 horse races. The sum remains available until expended. SECTION 20. The sum of $300,000 appropriated for the fiscal year ending September 30, 2007, from the General Fund divided equally between the St. Croix Christinas Festival Committee and the V.I. Carnival Committee to conduct their respective events. The sum appropriated remains available until expended. EFTA01074749 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 24 )25 26 S SECTION 21. The Sum of $100,000 is appropriated in the fiscal year ending September 30, 2007, from the General Fund to the Department of Education to defray the cost of repairing the Bertha Boshulte School for accreditation. The sum remains available until expended. .Aft%!::tr iCr SECTION 22. The Sum of $40,060 is appropriated for the fiscal year eliding. September 30, 2007, from the General Fund to the Department of Education fora sound system at Eudora Kean High School to meet the criteria for accreditation. The sum remains available until expended. SECTION 21 The sum of $250,000 is appropriated in the fiscal year ending September 30, 2007, from the General Fund to the Department of Housing, Parks and Recreation to demolish, abate for asbestos and reconstruct the building at No. 13-1 Nordsdivej. The sum remains available until expended. The sum remains available until expended. SECTION 24. The sum of $200,000 is appropriated in the fiscal year ending September 30, 2007, from the General Fund to the Board of Elections to cover the cost of the 2006 run-off election. The sum remains available until expended, SECTION 25. The sum of $150,000 is appropriated in the fiscal year ending September 30, 2007, from the General Fund to the Virgin Islands State Nurses Association to host the 50111 Anniversary Conference of the Caribbean Nurses Organization. The sum remains available until expended. SECTION 26. (a) The sum of $1,990,000 is appropriated in the fiscal year ending September 30, 2007, from the St. Croix Capital Improvement Fund to the ; EFTA01074750 1 2 3 5 6 7 8 9 10 11 12 )13 14 15 16 17 18 19 20 21 22 23 24 25 26 Department of Public Works W pave and make road repairs forthe following roads.on SL y Croix: (1) Little Ea Grange $325,000 (2) Mount Pleasant $200,000 (3) Route 80-North Shore Baron Bluff-La Valle $310,000 (4) Route 58-Creque Dam Road to Annaly $330,000 (5) Two Williams (2) Roads $350,000 (6) Route 76-Jolly Hill-Grove Place $275,000 (7) Estate Mountain Road $200,000 (b) The sum appropriated in subsection (a) remains available until expended. SECTION 27. The sum of $250,000 is appropriated from the General Fund in the fiscal year ending September 30, 2007, to the Department of Public Works to pave the Ponderosa Road located in Estate Wintberg. The sum remains available until expended." SECTION 28. The sum of S8,000 is appropriated in the fiscal year ending September 30, 2007, from the General Fund to the Department of Tourism to provide a grant to Miss Clcantha Samuel to represent the Virgin Islands in the Miss Black America Pageant. The sum remains available until expended. SECTION 29. The sum of $50,000 is appropriated in the fiscal year ending September 30, 2007, to the Department of Health to purchase dress uniforms for Emergency Medical Services (EMS) personnel for such events as Emergency Medical Services Month and other appropriate events and occasions. EFTA01074751 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 30. The sum of $75,000 is appropriated in the fiscal year ending , ;01.. • • t--• •"7 September 30, 2007, for the British Virgin Islands/ Virgin Islands Friendship week. The 10 2 3 sum remains available until expended. - -7. 4 SECTION 31. The sum 'of $175,000 is appropriated in the fiscal year ending 5 September 30, 2007, from the General Fund to the Department of Housing, Parks and Recreation to install energy-efficient lighting at the Alvin Mae Bean Ballpark. SECTION 32. (a) There is appropriated from the General Fund in the fiscal year ending September 30, 2007, the sum of $176,000 to the Department of Education for the Lew Muckle Elementary School to fund the following projects: 1. $150,000 to provide and install air conditioners in the cafeteria and library; 2. $25,000 to repair the basketball court; and 3. $1,000 to purchase sports equipment. (b) The sum appropriated in subsection (a) remains aVailable until expended." SECTION 33. The sum of $400,000 is appropriated in the fiscal year ending September 30, 2007, from the General Fund to the Department of Public Works to pave the St. Croix Drag Racing Strip in Estate Anguilla, on St. Croix. The funds remain available until expended. SECTION 34. The stun of $75,000 is appropriated for the fiscal year ending September 30, 2007, from the General Fund of the Virgin Islands to the Positive Vibes Soccer Club Corporation, for the annual tournament and competitions between February and November 2007 and must be disbursed as follows: (I) Governor's Soccer Cup S10,000; EFTA01074752 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (2) Summer Soccer Tournament $10,000; (3) Thanksgiving Soccer Tournament $10,000; (4) Black 'lead Soccer Tournament $15,000;. and (5) CONCACAF Caribbean Soccer Tournament $30,000. (b) The sum appropriated in subsection (a) remains available until expended." SECTION 35. The sum of $110,000 appropriated •tor the fiscal year ending September 30, 2006, from the General Fund to the Virgin Islands Housing Authority divided equally between the districts of St. Croix and St. Thomas/St. John for the Youth Build Program to conduct youth academie and educational activities for public housing residents remains available until expended. SECTION 36. •Act No. 6864 is amended at the end of section 23 by adding the following sentence: "The sum remains available until expended." SECTION37. Scction 5 of this Act takes effect retroactively to October 1, 2005. BR-07.0621/March 16, 2007/YIX EFTA01074753 EXHIBIT E EFTA01074754 GOVERNMENT OF THE VIRGIN ISLANDS OF THE UNfTED STATES PUBLIC WORKS DEPARTMENT 6002 Estate Anna's Hope Christiansted, St. Croix, V.I. 00820-4428 OFFICE OF 7t tE COMMISSIONER April 25, ?007 Mr. Julio A. Francis. • '; Director of Financeend Administiation Virgin Islands Public Firtance.Authority #24 Honduras, Frenchtown 2nd Floor Charlotte Amalie, St Thomas 00802 • Td: (340) 773-1769 Fax: (340) 773-0670 RE: Reprogramming of $1,305,000 Previously Embarked for the "Nadir Bridge Flood Control Project (Act No. 6917) Dear Mr. Francis: Act No. 6917, Section 17 reprogrammed 51,305,000 for the use by the Department of Public Works for engineering designs, construction, repairs and resurfacing of roads. I am .hereby 'requesting that you forward a letter to Commissioner LypriMillin, Department of Property & ProcUrement, informing her that the funds in the amount of $1,305,000 can be used from the "Nadir Bridge Flood Control Project? .According to Act 6917; the reprogrammed funds are to be used for - . . • Leonardo.Trotman Drive-Project STT • Security Booth & Road Improvements at the Governor's Residence - STT • Cemetery Construction & Improvements • Route 82 Drainage Improvements - SD( • Planning & Design Contract for Leonardo Trotman Drive - SIT • Drainage Irriprovement of Plot #3 at Estate Princess - STX If you have any questions, please let ErlEY know at your earliest convenience. Sincerely, rryl A. S Commissioner esignate. DAS/AN/RI ma Cc Honorable Carlton Dowe — Senator Robert Moorehead — Assistant Commissioner • Aloy Nielsen Deputy Commissioner of Engineering Davila Clendinen Deptity Cornthissi0ner of Administration Francisco Nadal— District Engineer/Project Manager , . z.d CSILELL0b£ pools! Le0ee ou in 'non 9711:1 I in ne At] EFTA01074755 EXHIBIT F EFTA01074756 V. I . P . F .A VIRGIN ISLANDS PUBLIC FINANCE AUTHORITY April 30, 2007 The Honorable Lynn Millin Commissioner Department of Property & Procurement Sub Base St. Thomas, VI 00802 Re: Reprogramming of $1,305,000 Previously Embarked for the "Nadir Bridge Flood Control Project (Act No. 6917) Dear Commissioner Millin: Be advised that the Public Finance Authority (PFA) is currently holding $1,305,000 pursuant to Act No. 6917, Section 17 which reprogrammed said funds for use by the Department of Public Works for engineering designs, construction, repairs and resurfacing of roads. According to Act No. 6917, the reprogrammed funds are to be used for: • Leonardo Trotman Drive Project — STT • Security Booth & Road Improvements at the Governor's Residence — STT • Cemetery Construction & Improvements • Route 82 — Drainage Improvements — STX • Planning & Design Contract for Leonardo Trotman Drive — STT • Drainage Improvement of Plot #3 at Estate Princess - STX Before the disbursements of these funds can occur, the Department of Property & Procurement must forward to the PFA, contract documents, certifications of the vendors selected, unit cost and teams of payments of the services to be performed. In addition, copies of the "Notices to Proceeds" issued to each vendor to start work must also be submitted. Once these documents and certifications are received, the Department of Public Works (DPW) may submit vendor invoices for payments. These invoices must be accompanied with an appropriate certification of the DPW that the work has been performed and accepted and that payment is authorized. Invoices should be submitted to the Public Finance Authority at No. 24 . Box 430, Emancipation Garden Station, Chadotte Amalie, St. Moms, US. Wen blonds 00804-0430 Tel: 340-714-1635 Fax: 340-714-1636 EFTA01074757 Page -2- Commissioner Lynn M ill in April 30, 2007 Honduras, 2od Floor, Frenckitown, St. Thomas, 00802. The PFA will only acknowledge, accept and pay invoices with certifications above the signature of the Commissioner of the Department of Public Works. If you need-additional information of have any questions, please contact me. Sincerely, As— lito A. Francis 'rector Finance and Administration cc: The Honorable Darryl A. Smalls, Commissioner, Dept. Public Works The Honorable Carlton Dowe, Senator, 27th Legislature of the VI Robert Moorehead, Assistant Commissioner, DPW Atoy Nielsen, Deputy Commissioner of Engineering Dayna Clendinen, Deputy Commissioner of Administration Francisco Nadal, District Engineer / Project Manager EFTA01074758 EXHIBIT G EFTA01074759 V9PittragE on OPOLIWEAtA eattnetS 10-261/4-0 :t +. tigte 0111 Anist latOtta aen. 4* Maw as,* 4* the tzt.a4 bocnissa tact notice& that th, AMOK dL ORTinitin ACWOR ONO!: a SWAM "Mini0faii Met: Aprii VAL, Apra ii t loin, corset? Yes. You arnspo tut. *zit( 4osarosf. OSInet1 at* tknnoyor, ,e4nto Inv on, Apvil MA ADO-. so,. bbs triaiiing wont cut heat* the deny bad lilt aglaict ronegnire :that, SEt? ta. tatlyintl: YeS, senator. SIMATOU jAng$:f Pbod thibtf. ArgAlthrs****; *Arm VIAPAmmvP, C 6212414t* NB. TURNER-HILKINSON: That's tort-oat, sit. stem:rot "sots:. Wood eventing. The microphoa gtogitt. iia*e for the tatOttl , and proceed. MS. yuntank-ututillnolT; Good evening, GOO4 evening Senator Noville A. 7r-enr.s, Chairman of the Committee on. F.j.WMg.A4 Services, Infrastructure and Consumer AY£airs,. meabors 'of the Committee, otacits senators PsreisOatz. at41401 atlitikapt aact viewing *natestet, a* kiticela Vurnot-Ntillanconti Case Zoo-ismer o£ the Mnfiartiontit Atoysiis yotig.o., -*ancuito to be retiflosit o£ the .C.111OTnia, Y am liar°, to Otiatent teatigibtiy on. behalf ot the DittattsSiall 'Of PithUtirliftlinsAfAValat 4.4 construction of R. piA- d. trome and decuc*r teneing, as tell as "tla""Le'ottlirreetWd .deittilThr OEM= It ItUtICXS, CSR LEGISLATIVE, itfRIARTnt 6111 4100247 EFTA01074760 cONOUTSEPW ONANCIWSIMPATAS,,, 040440 tO OviregeezelAt EhediargAn Weeds& 0Oln P, Da10416 XeceqpiOLIWAIWAW,ArA* 1(41,41140. cle;$41*& (00104 Otstakt rW Jidedatet.ratton.. fingtottyr *fated, the *vestment -et Sao Wozku tilkoVigh klircgrinuntiankl a ptecuronnenh prof *s facilitatedifitlaikWittMigt O£ Propertyeed-Preperement.., scented the seksices -ot-VigtWi6ohanical Otour-rfafg0 tabik cons trueti‘eck :titta Guard • HOnab and tha Secarthr taming. Similarly,,{: thee,* a task ordeeitiitentract apprevadt*Ostati 41a pepasirfittnepetetrend PrOcuramest, the service* 00 Setieteada AxpTuat Corporetitosteree: seemed for the thie,A4400t 04itewaY. iSsesearb.ethEive.uee administrati6A, the Wiftateett 0f.Pnblid Works collaborated withacnrity. 7personeel—fc?r.the .Gdvettor of the Virgin Tela4da to dd#004141 ggtroggaillS 041044.0cAksoos. that needed toy lo. incorpokitfild. into tht dielOn £'or: the :delfelopraent o£ plans ath. spocificattena for securing the Governor and tinf.Ltagdii ce4 the torriiorx.. Various options worn revtewad.t4 140.1:14* teadclilaWAgitt44124024 Reuse, EntherinebgiVe iag4 bevereoz**Tersonat pror0beii. ght cost, timely trrigiVition, as thot410itiess of 011ahltatiftritas a detempwiprggeter• in ce404*.0Aptefian. The option etWegernrummt Rouse was ruled 01;€.4oert4 the .40i.t044**AXibia-sPAce that o0Sid.t* OUWYSttlad into 1141A0 quat d. atua as.01= 2117-104=mr tiRSIRES m. FRANCIS. CSR - IMMATIve REPORTER GVI -0.00288 EFTA01074761 CON10110444$ 000.014.4tortag - 10.42P•ma - con? Li for edninietkAnwe end meetin', epeteet a new Itticallass. that could house these displaced functions woulLtlaitehe4:tfthef0 been identified: 2544.ktfenellYi as Peg-telly her illectra cestounication, infraettooture. wonla, 'have to toe sloRlicsaked•at thil new leeettiet. r)*I.getslest of the existing plans and' specifications fink Mate Catharinenerg, it was revealed that the pkojeot would have had to. consiat Of the. construction o£ an asphalt and concrete ,pairam.driVews.Y, new Guard denser wrought iron:gate. with .automatie opener,. landscaping, :historic style. street .litattingi- and 'concrete stairs' with site development mnd,ntaities? and the teliabilitatiOn,X04 conversion-Mt this; historic .cartiage 'hretse into a, offiCe buni4pt.. the theta plans were: detailed and extensive, tlimprimary focus did net address all. -0g the security eemagenw4 as well as they did not address. critical items. thati,*(04,444awaitind to renovate the living quarters to provide inn environment that. wot4d permanently :house the Governor and the:ft:Sit thili Would include accca$044.‘Sela *fiS, minor'.;41;t0it rants4XPlies who• has visited this historical Site, it • 1.5 atik, smaatels tRat this structure bears the resemblance of esnmenerwith ats historical furniture and artifacts. The 4044tigwo eir*ivonqg.4,fi the Sainting plans and specifications —716r-trut amatnietled dt.WrathiainotetneacEr P:r$4 tlfE" ORRIttEk .TI*XdOtT, i9 tectswl'age %I PORTER. GVI -0G0289 EFTA01074762 COWITTEP. OW I oan MintOS: 3,1)404 . it additional security and. renovation requirement* kiproegedecl two Vce pgc60.4 duration was. estimated at 12 to sia :months. Xt is, IV:portant to note there wore additional STOIPV9 *kb. grOwsislow. if in fact-thd crscimien was made to Mrystatt stiutflukto alto a permanent. gave of residence width. Artaudagr but 44. *tit limited to furnishingn+ for bot)n in itenao•era extesinr, housekeeping service:. OA& UtiatiAt to include eled:trieity, water, security and. c%bez annual •maintenance costa which wore estimated. At $1;69/60.P pep ygitsc ap,t $600,000 over it finer year period. The other option for renidenttl:tX'talk first kiWigthei4 CO:grant &Ace of residence: se ;tato Itazolio this tenpriseenixtetjuested and received an °Pinion fret, the Department of gime,440 indicated that the Department can expend. funds to "score the, personal resiiientee of the Governor. Tbia bignion states, turid .T snots, ^An expenditure of;pti$its Ilk :petals sible , even if" a private individual derives, a 4ifsgow, iwpriofit, as long.a e.ttn5lic purpose is. xesv~dt and khaittntolie purpose is the Steary reason for the: 620044$0* (3 : •• 4440se OA is 14.014, i4SPablis110 klatt Chore a. .public Snterest in providiniteeCurity for ticilfle eklierrnos an4 lipitecting his person." AsicOh4, the. Deeetheeet of public. WOrateeoemeheock .the 401reXep§oet of plans and specifications tar the aonsbaUAtabo auikt4 HiSI*0) (44mvxi1;11 TOW:WO 4 114 DLEMIIIIWWW"a n trurtifrfeWir t' s"" atala£d hr. FAANCiaf tart - taGI0LATirit ROPORXAR ,:010 400200 EFTA01074763 comma vet mfINANCISO sativuos-- wap-40 LV A9 An Ib for the construction of the Guard gaud& wait advertised in April, 200.7 aed:the 04Coessfel 104:4; no wig% Mechanical Group, EEC at a bid price. of 482,141.00. Winia construction coats totaled $1 377..70 1 A03. aT POPAgb* *Or *c task (Mitot its tarried to Wattaroada Avliatict ge.44EGValiti amianat of $256419' X0t tht geatt44144:07i 0 the drinvar, mad. vvatiag area. licitteroads was .selected via /the taidc °fatal/rte. Terfora, this work. Dna to their 'ninailabil_tty led siv vast liftlitfindiance with concrete road construction. A task order coattact is e:e*0keetait**tg*Re4 'kr Oa bepartmorit :tot :tha procurement, at tembitam seXigUine ter keit:away rrAtiiMa Caiii*S.tuction aigoAtot The voaa..taiving companies located, in oacb..dietrict ate iltattat&Wid wit% -the. '0overneont Of the *gin: IS,Itancin These? .0knittiitatli etai:#4tion ot unit price coats via the Department or Property and Proaent. Thin; .ethshiles the Depart" flit tit engineer projects at a; predet.eacood: cost, unlike that 'of an. RFP or IFS. ;Subsequently, an '4'F -ow cocustmegion :otr security, Peace was advertdeedAd Ken eg Magi iikt4E tit* successful bidder was once *span etallicibanical Group, lip at a bid Pride- o£ 596;629. C I CCO tOk4414 3;2,2 O48,74. comparatively, the Initial- estimated coat for, retovarntir thrithannerxitrk 0tattktaFt. glowcya,. tsif -',eGISte:van Rom= GVII -000291 EFTA01074764 rallirneWQ6 rOMAPS4, S$RitICg: 1.0420,09 Pr tit. at01 *air Assaanted, security improvement ct4kilibtOt444'04iSit Vie lang0VVii MASA was loss than 4350400. the siaragettatea ge)., the =rent. sematteht tifjegetWilitallagat PAM Se, 2 tsitogtossx co* zia:tim4t4a sOtioaa iYt +oultliave cote * "ratans* tiothertztebazg residemsr. ‘?-449vA'; .• • r aitiet. *# )>X01O14P sgaPos 4e4tr a to thfx toolang liatileitlehcaili4V*IitOcthlei? atotOtalOPWA Mit 110 rtnectOtra itisrorieelly, the Depertivasit .of Thelma WerIca ban, ISO* the reeipieSt of, funds that. !tort. vepoiktigspo4 Moto IiireflOatoroiects. ie 1998, Act No. 6226 providod the tepartteent the• awn of $2.305 million fox ttigt Sayan yet cpeeseee,, 7Cl2001, Act No. 5427 reprogrammed the same sum of 82-.305.4iMien to :tho Nazar Gut Prci4Oti tthi*OkitiAti.t.44 aaritimn. Mon Bijou. Flood Mitigation :L*00a. fang Crois4:41A *Mil ASO:44%e o£ $eoo, 000 And the VI :Di; Ssi the 409140 tog 5208,000. In fiscal. year. 2007* lest Bar, 69.171 reprostanatid 'the sty o£ $1. 305 •aitniSlA ftikt the lfstali# 43440 Rrqj4:0 ge.itto pow:meat of Public, IT9z•Jc6 Lot •cenginserian tresisse*: conatzscxhion, repairs co (the repurfaaing Mak* Ago .4tenj we/,me identified, tar ikunding utilitS g the Waal W.:Mb*. Wig. iivk;4140.vidoicior of st, 0:40.4* 40400 tettal0littbe p.. 00 is ti Ate P.SAMO,AS o4 *0,4 21' Ad• P513. the island rail St'. 'Magmas, the •Easiteke egligititet stout asseeteega ; Anus:, Waco sots .th,o• 'Mar enure "War lit$03nitienah Wertriss*as Sot,-*Npa*Sennsielp -for iclettritire" •-•^'^—s. ItIMICKt S, ERJfl1Ct$, CSfl - •REPQWATR, On -000292 EFTA01074765 etettrOCAN. £,INAtiCat sEfwicts - 1:p-20-99— PT iv tierrivassents. os *wax sir PA* 'D n ofx4049 talr ft. "1314 • 1t 40' I • 7gpr . %he 'opportunity to, buttbvit-titee :attesbrunbion of Via .CliardtbAbite titie4bibt .V0i.OLAgt ,102:41;',02# WING Pdlesaver0 14w prPrinte 7;,•* the 'savant= /a) the, In :facade, rob* v. x(40609)1, 0'0. 74 'fact. I WOW WO vs *ilia *14 tge4..t), no repairs, ranotationa•Or improvamouta were taioplabod Astilibing public' Alba, ilkt• bbe priyate OsidePbe tire Governer- I remain availalida tor, any questions you may: :hava‘ SilipAIMAitidest thiutopmAiii. *Mole turiserrtiltieson,:40ftWit2 MS, TdROER4g4#40#00f Correct'. mattp/mH0ANts! X hope you al:mit saying that h4CAttla, you spent tor hundred plus thousand at the Dovarnor'aprivata re0440nco4 and that it'woU1d have cost 02 lotgi;ext.to renovate Oseebery, that, all right bee.ziattalittah government Naftli riaNitaido*/ Sfralre not saying that are Ski? tilt tYgglige Oitii 10 -)402 Alt? *kw attatt-tdratin4sottt *taxon repeat that alainc! VAI NOW MU= iTAIIZSV 10148M44,50 roux toottAppr tow 4taxisivxf 4mtv ws dv renoveragas 6t Cliblicrinitherst Lb wad fiava cost pleation . Ittentdat-limarnmawr INDANC-Nrit r "Or DESIREE M. FRANCIS, CSR. LEGIStAftlite IiENOliAtEN ZVI -000293 EFTA01074766 fl 9.ci: triMtle:TAP Pa ritEt •-• 111-20-.69 fl .$$V 22 ottaithz .SIDIM0ROCEISis 4.1*1/227,. isit A'Ok the :1.1FM4"Nap US, MABBAWIRIACPM.q01. Say that .again? SiOkOW :OASES: Art Ran: saying .that it' a- eke.* Ain* liev 'ea aftePle tot th* cagin yalakida ja, 1.;i:nt- VOffielisc! S9 4443.4;1.!tenrivaie taihaxi.peberg and you didirbat tOO. any you dian‘t do at the. QOvOtis 'k privatei Irepidettee: Beeeese e i!:111 - . trying to figure• out i£ yew 4eXit hots. iiitbedE Erlitiag the, kitchen: or selling the yard. Because. *hats how-all you .promoting it. hero. 114O14B-ifrrolcPisakT: it .was just provided, as a potato*, wr as a soomparison. *S OAKES: Net bocauso you had soma emphasis, you said,. alit. me niake it. clear." Ten said that. 'So,: be careful. OM. ydut atenation, your 'phopetion and your pitch. And I got that figs. "lean on ,Don't believe t create- that one. That's a•carople. Bute oh, 'God min. comparatively the initial estimated cost for renovating the catherineberg residence 0.ameond $2 million, 'while the estimated security 1:41Provemant construction cost to the Governor's 'property was leaf than $350,00o.. EUILVi:e giving t..kte public the impression Oak.** saved rodOy 13y spending ;regPrtaY at a private residence. find: to la you're% sot to be care411 ViAt that , BeeE'Ve.:X'al..not about to lee 'Eta rank and nip •gli, 'boot up tie rim my tog ----- amertawarsintkOnneGOr 1.-d*W2CaTIPPletrirtlilgetrahrin 4r — FBAIWT.4.o, 44.94.0ft.TV14 WOO* ow-00204 EFTA01074767 /Mg ON 'MUM= :SMVXMS 31-0-0.9 tr XV WA Sid9lXt ioai 10.00.re go tat Obtenig' lie. *coast; 'can WM° do; salt It tats= ad. gets* a LittIO bit Miatagc '141Algs;100049" ate to ski, itkitge Oraighb. ICOZNIZX Vs; sorry, say *IOW SAW SENATOR 4/404 *Ott.ixo a little isms thagist.:. Can yen metitik litittfattt :100040ai.gou.!.t4 tiOkitisi 0000046 Clik*Slou. Thee as & ca rrespoodsoice Akos Rorke to Mt, 1:1410iig gIeli3/414.*; with it rolats#: to the rice* fl t floe. Ton' ro that correspondonco? MS. TITRUER-WILKINSON: tai l Sidaktaz, SENATOR JAMES: Was it instOrad4Isaida outatilla at the foncn? M.S. TURNE125-WILEINSItl. St was ISO-ailed outside or' .Egio line. It vas actually 44 ricparatith. When. the plans ifl Waited tho --. yes. SENATOR JAMES; Vka DiVattigikitl.440441itiO4 44W t44* Veyer000. Because Mg. Exilzmdo ,said iit yobs• toted be:Jootsla 4Sn s auce out side at the Fiala iinp, .3-te r*ta,4 ngistme tirdi ukkor atsoolato4 Wiettt- thp project. .Departusint tail C.o.Insintat :10:nictitate/ay .us mono,!. And .ye\l'ke tent:Arial 44ppnAgoompwt4onsimr, correct? *hatis Vhat'sou're sattno lb. itAltk-VaIXIIISOIT: etlefila Serief-OL CSPULTOR i7S1 °My, at Sat( back on Mi,Sitectusantationf. loft knew. Zito 4019to gape. all ye i. credit r* • • Csinna 2.9*. i4 1i3;04'.1Stir010 -4 44.6Wittstrius yatt Dc$xg$S Y1, tRANCX14 qPfi. -MinSt**atnit,tv Gilt -000295 EFTA01074768 EXHIBIT H EFTA01074769 EFTA01074770 United States Department of the Interior OFFICE OF INSPECTOR GENERAL Washington, DC 20240 JAN 1 9 2010 The.Honorable John P, delongh, Jr. Governor of the Virgin Islands No. 21 Kongens Gade St. Thomas, VI 00802 Re: final Inspection Report Security Improvements at the GovernortsPrivate Residence (Report No. VIS-VIS-0004-2009) Dear Governor deJongh: This letter transmits the results of the subject inspection. The report addresses only whether public funds were properly expended for security improvements that were begun in June 2007 at your private residence. We do not address security entitlement per se and recognize that security is a. necessity for any sitting Governor. In the past, sitting Virgin Islands governors have had some level of security at their private residences — wherever located. We found that the funds used for the purpose of providing security at your private residence were set aside for road repairs in the Virgin Islands by the Legislative Branch of Government. In using those funds, the Executive Branch of Government improperly diverted roughly half-a-million dollars of specifically earmarked public funds and usurped the authority of the Legislative Branch of Government. Under Virgin Islands law, only the Legislature is authorized to determine how public fiords should be spent. We provide four recommendations that, if implemented, should resolve the current situation and prevent improper use of finds in the future. Please provide a response to this report by February 16, 2010 to our Caribbean Field Office, Ron deLugo Federal Building — Room 207, St. Thomas, VI 00802. Your response should identify plans to address the recommendations cited in this report. If you have any questions concerning this report, you may contact me at (202) 208-5745 or Mr. Hannibal M. Ware, Assistant Regional Manager, at (340)774-8300. Acting Inspector General EFTA01074771 cc: Louis Hill, President, Virgin Islands Legislature Nikolao Pula, Acting Deputy Assistant Secretary for Insular Affairs EFTA01074772 During the summer of 2009, we received requests to review the funding of security improvements begun in 2007 at the Virgin Islands Governor's private residence. A Virgin Islands senator and United States enforcement agencies had made a number of allegations that public funds, including federal finds, were improperly used to make the improvements. In response to these requests, we performed an inspection of the use of public funds to pay for the improvements at issue. The Revised Organic Act of 1954 established Government House on St. Thomas, Virgin Islands, as the official residence of governors. Government House is currently used for offices, however, and is not suitable for residential living. In the past, governors have resided at Estate Catherineberg, a residence provided by the West Indian Company, although no requirement exists that governors do so. John P. deJongh, Jr., was elected Governor of the Virgin Islands in November 2006. Upon taking office in January 2007, Governor deJongh decided to continue living at his private residence. As a result of the Governor's decision, the Department of Public Works (Public Works) asked the Virgin Islands Attorney General's Office (A-GO) to provide a legal opinion on whether public funds could be used for security-related improvements at the Governor's private residence. In response, the AGO rendered a legal opinion that the Government could incur the cost and that public funds could be used for the improvements. In April 2007, Public Works informed the Virgin Islands Public Finance Authority that $1.3 million, which the Legislature of the Virgin Islands intended for territorial road projects, could also be used for other projects. Those other projects included the security-related improvements at the Governor's residence. The Public Finance Authority then notified the Department of Property and Procurement (Property and Procurement) that funds were available and that the procurement process could begin (see Appendix 2). The United States Virgin Islands democratic system distributes power among three branches of government, the Executive, Legislative, and Judicial Branches. This separation of power results in a system of checks and balances designed to ensure accountability and transparency and to minimize the potential for abuse of power. We found that the Executive Branch ignored the rules of checks and balances when it circumvented the Legislative Branch by using a legal opinion to justify spending almost half- a-million dollars of legislatively obligated public funds for security improvements at the 1 EFTA01074773 Governor's private residence (Appendix 3). Moreover, these funds were spent without the benefit of a formal security vulnerability assessment to determine the level of security the Governor would require or the most cost effective way of providing that security. Legal Opinion Excluded Legislative Authority In response to the Public Works request regarding use of public funds, the AGO prepared a legal opinion based on five cases. The Acting Attorney General concludes in that opinion that "an expenditure of public funds is permissible, even if a private individual derived a special benefit, as long as a public purpose is served and that public purpose is the primary reason for the expenditure." Armed with this legal opinion, the Executive Branch initiated the process for funding and completing the security improvements at the Governor's private residence. When we reviewed the five cited cases, we found a common thread in three of the five to be the fact that expenditure of public funds must be legislated. In fact, one of the cited cases concludes, "What is for the public good or what are public purposes for which appropriations may be made are questions which the legislature must in the first instance decide." According to Virgin Islands law, the authority to use public funds for any purpose, including improving security at the Governor's private residence, could only be obtained through legislation, not by a legal opinion from the AGO. Nevertheless, the AGO opinion remains silent regarding the requirements for legislative approval of public funds expenditures and for determination of whether public purpose is the primary reason for any given expenditure. Public Funds Used Improperly In 1998, the Virgin Islands Government received surplus bond funds from the Public Finance Authority that the Legislature had earmarked for public projects. In August 2001, the Virgin Islands Legislature approved Act No. 6427, appropriating $1.3 million of those funds for the Nadir Bridge Flood Control Project in St. Thomas. In April 2007, the Legislature passed Act No. 6917, reprogramming the $1.3 million for the specific purpose of engineering design, construction, repair, or resurfacing of roads. The intention of the Legislature regarding Act No. 6917 was apparent during the legislative process, as it is now. During discussion, six senators mentioned that the funds were intended for the purpose of Virgin Islands road improvements. One senator specifically stated, "We have in this bill an appropriation of... one point three million dollars ... to address road repairs in the territory, but more specifically on the island of St. Croix." Another senator noted that roads were in "terrible condition" on St. Croix. Clearly, no part of the $1.3 million was to be used for security improvements at the Governor's private residence — or for any other purpose. 2 EFTA01074774 Despite the Legislature's intent, the former acting Commissioner of Public Works incorrectly notified the Public Finance Authority by letter dated April 25, 2007, that the reprogrammed funds could be used for other than road projects, to include security booth and road improvements at the Governor's residence (see Figure 1). Referencing the letter from Public Works, the Public Finance Authority notified Property and Procurement that all procurement documents needed to be in place and forwarded to the Public Finance Authority before disbursement of the funds could occur. This notice triggered expenditure of funds for the security improvements at the Governor's private residence. JEci s A ri,Rov ORKS Amu!, 2007 LETER o Trotman Dr. - • y Booth & Road Improvements Governor's Residence metery Construction & rovernents nage Improvements irnng Design for Leonardo loran Dc. state Princes Drainage After receiving the "go-ahead" from the Public Finance Authority, Property and Procurement awarded roughly $490,000 in contracts related to security improvements at the Governor's private residence (See Table 1). These contracts were issued to erect a permanent, concrete, stone faced, security guard house; construct a new driveway and parking; and install aluminum security fencing. Surveillance equipment was also installed as part of the improvements. According to Virgin Islands law, no officer or employee of the Government can enter into a valid contract before an appropriation is made for that specific purpose. Since the appropriated funds should never have been used to finance security improvements at the Governor's private residence, all contracts and agreements issued for that purpose are invalid. The Virgin Islands Code contains definitive penalties for Government officers or employees who violate the law. It specifically prohibits the spending of funds for reasons other than intended in a legislative appropriation and specifies penalties for violation, including fines and imprisonment. 3 EFTA01074775 Table 1. TOTAL COST OF SECURITY IMPROVEMENTS Project Contractor Contract Cost Change Total Costs Orders Security Fencing WMK Mechanical $98,829.00 $23,339.75 $122,168.75 ;‘,HI,1111/ Grou r i I Luon! Driveway& Betteroads Asphalt $156,160.00 $156,160.00 Parkin Co :Intr. Total $490,000.25 `$25,271.70 has been obligated for additional wort• done on the security fence that will bring the total cost to $490,000.25. A funding source has not yet been identified By expending the funds for security improvements, the Executive Branch improperly depleted funds earmarked for much needed road repairs in the Virgin Islands. Further, the Executive Branch's actions usurped the Legislature's authority to determine how to spend public funds. Security Vulnerability Not Documented Personal security best practices require the conduct of a vulnerability assessment to determine necessary security requirements. Such an assessment should have been the first step in establishing the Governor's personal security program and should have: > been tailored to the needs of the Governor based on factors such as workplace, residence, family, and domestic travel/and or international travel requirements; ­ evaluated existing or perceived threat conditions and existing physical security measures and procedures; and ­ provided logical recommendations, if needed, for cost effective security improvements. None of these requirements was met. The Executive Branch expended public funds on permanent physical improvements at the Governor's private residence without obtaining a security vulnerability assessment. The only semblance of an assessment consisted of undated, handwritten notes prepared by the Governor's Director of Security. These notes described the physical layout of the property only and did not address security vulnerabilities. While the Governor is entitled to some level 4 EFTA01074776 of security, the expenditure of half-a-million dollars in public funds on permanent security improvements cannot be justifiable without a proper assessment of security vulnerabilities. Conclusion Whether the current Governor is entitled to security at his private residence is not germane to our inspection. We recognize that security is a neeecsity for any sitting Governor. In fact, past Virgin Islands governors have had some level of security at their private residences regardless of where they officially resided while in office. The Executive Branch of Government, however, cannot independently determine the purpose for which public funds are used. Only the Legislature has the authority to appropriate public funds to pay for security improvements for any governor. Therefore, all public funds diverted from Act No. 6917 for the purpose of providing security at the Governor's private residence were improperly expended. Further, any determination of the level of security necessary to protect a governor should be preceded by a formal vulnerability assessment. Recommendations We recommend that the Executive Branch of the Virgin Islands: 1. Determine whether Government House, as designated by the Revised Organic Act of 1954, can be made suitable to serve the residential needs of the Governor of the Virgin Islands. If so, secure the funds necessary to convert Government House from office to residential use. If not, pursue legislation that would identify alternative accommodations. 2. Adhere to existing laws regarding the use of public funds, which can only be used for purposes authorized by the Legislative Branch. 3. Ensure that funds redirected to the Department of Public Works by Act No. 6917 and improperly expended for security improvements at the Governor's private residence be returned and used as intended. 4. Ensure that an appropriate security vulnerability assessment is made in the event that any appropriation for security improvements at a governor's private residence is considered. 5 EFTA01074777 Appendix 1 CTIO COPE AND ETTIODOI,OGN The objective of our inspection was to determine solely whether public funds were properly expended for the security enhancements made at the Governor's private residence. We performed our work from August to November 2009 in accordance with the "Quality Standards for Inspections" issued by the President's Council on Integrity and Efficiency. To accomplish our objective, we reviewed records and interviewed officials of the Departments of Justice, Public Works, and Property and Procurement and of the Public Finance Authority, the West Indian Company, and Government House. We also interviewed the Virgin Islands Governor and the former Senate President. In addition, we performed site visits of Government House, Estate Catherineberg, and the Governor's private residence, where we viewed the security improvements at issue. 6 EFTA01074778 Appendix 2 Governor de)ongh Elected I tr. 4fi %, 1 it? t. PO It • 4, t c-. ••• Ot viViwn1i14::5 •••\ Proposal From Alert 01 For Surveillance Equipment Received Legal Opinion from Acting Attorney General to Public Works Acting Commissioner Act No. 6917 Approved by V.I. Legi;Iat are Letter from Public Works to Public Finance Authority Stating that Funds From Act 6917 Could Be Used For Security Improvements Initiation of Alert 1 Surveilance Installation • at and Noti e to Proceed Issued to WMK Mechanical For Construction of Guard House 7 Contract and Notice to Proceed Issued to WMK Mechanical For Construction of Security Fencing July 200 Srpkvablv211(1$ Task Order Signed With Betteroads Asphalt To Begin Construction of Driveway and Parking Jameatt.1 Security Improvements Completed EFTA01074779 Appendix 3 ,,,,ft.c,) K•f., SLR QUESTIONED COSTS Cowmen FUNDED BY Acr No.6917 FOR SECURITY IMPROVEMENTS AT GOVERNOR'S PRIVATE RESIDENCE $490,000 8 EFTA01074780 Report Fraud, Waste, Abuse And Mismanagement Fraud, waste, and abuse in government concerns everyone: Office of Inspector General staff, Departmental employees, and the general public. We actively solicit allegations of any inefficient and wasteful practices, fraud, and abuse related to Departmental or Insular area Trograma and operations. You can report allegations to us in several ways. By Mail: By Phone: By Fax; By !plow!: U.S. Department of the Interior Office of Inspector General Mail Stop 4428 MB 1849 C Street, NW Washington, D.C. 20246 24-flour Toll Free 8004a Washington Metro Area 703-40kap .74,34onsiozs www.cloMig.g01 tto!ksodor.oa EFTA01074781 EXHIBIT I EFTA01074782 romfierarmoNIMA 4,10-470MOURY "gut Na :304I40 , Thirtiffith Legikrattire otilleVIrght Mali& JulY-ZvZ014 A Resolution tirgin0itgedidetttlegting Govetnot•Jblur 'P dolfonirs Jrit to, 'return lbo:non:ka improperly used by aftnittiStratiOn ta upgrigto hkpitnäktesideittro and an iron fenee 1)12.0POSED BY: Senators Terrence "Positiye"Nelson, Kenneth ti..4fIteng and Shawn-Michael Malone 1 WBEREAS, dia Bevise4 Organic Act of 1954 gggignillit10~3~ 4»ffiedf. á ät4411Pti011 “:9fficilat keSidene0 in. Mo, Otrgenfitierit «Milt ,St. Ttinotas &kilt& lits, n montbegaid, 4'. WILBREAS, Gavemor John P. deTonshi 7rs,. gim h1411111,gö Mi:MtItOO ▪ duttna incurnbenoyAltgOby 4~4* lgpx&g she MactIlts lkb ketest • Ptilaalo Actaif 1954 $e02.4 gig! • VIIMEAs, the, tkgithiture:Passed Ac:134% 4427 a_PPC0PeMiti» •.$1:$05.0.00 i • gëeriort ihr+Iglir 154gall,MPlti Prigra00 thoni tigtnitwwoz rtnot.upetideä ;§ Intended purposo; and ~UA *gat* tseibloitemtiMoinit tigiziapos" gitimptraltddri. Act '642,7 a 1 mesditimittiblg,iliduttsxgedekpatreemtafee-59rhamendikosittay.moy;sectionolkand, EFTA01074783 2 2' 1 lif•Pidpittited the itutexpendcd $i,305fill0: to the Department, IfohRoi Works for gggineering, desigps, bnnntruction, repaik or the resurfaeing:ofroaduand WHEREAS, :Governor Thigt P, deign& Ik Tit ithlt rat bow. ta•dillze the, 4. rO111.200 Aapvcialed ia aesia Alf a cogattibigtivato re tdenc Fitt Heirs ttimilitted Intro Nog; mid. WHEREAS, after POPP outcry qe.Ydrugor. Iohn tes Moak TIn'PNlr .that be I :relied on an opinion, .ofd tSiltnt Islands Solicitor tncmI Inlet DavIs Worn Udliztn the ll rova,s;And AS, bated Oft a dbintdaint filed. by annentber •of thele Legishrnme NvAith tho -10. United States :Ddiaattinent Interior ,Office of the rnspeciot General .40.111C Virg'(.' Watts 11 Attorney iGencraPs office an investigation Lwas. ihitiated ^f0 stgernike ttY vxoptiely: ter the 12 expenditure; and 37 WHEREAS, a report was generated by :the hliiiked Stated Dethaitivient.ofInteriorOffice 14 of the hispectOrGetietainfter.arronsight. investigation by fettete) officials, wiliiMitletffidnedi that portions of the ST1305;000 wereilgAgtextruspd for security upgrade to the primate tdahlence of Ili! Governor John P..deJongh, .1r; 40 17 WHEREAS; the repoit,,delernditeskti)at1lie testa xesidendtjarthd atiltenantiethe. Virgin 34,1Pcis was. OtWetallfeet HouSedn St. efitornas and the bottles sbotilithavesbeen usectfpppgrade 19' iffileitti :Siderite of tha governor if it was not Aulitikba tttlitittillit dillar their flail nth Atbititliittkthe of residence. of the Governor; and' 21 NYLIAIWO, an or, about November .6; 2000 GoVettaah 'knit P. &Jonah, J.n,:hylis:ovm actinitelott, orecettetpuY bittapertionatkeggtistt:tiritttbftirileitditiatoffiociand SA* :0110:. of tare: recorimientattimo -:rifitto the, United States tkontingin .24 .Inteat trillmordiettittpator: Gehetithwasme!return4 q PlOards from Avtafilltampoly 2$ u d he the Gbildilitinteeurity improvementszantt EFTA01074784 3 VagAt, Only the Legigatottanttib authority to appropriate gOominentinoniesifor pilbilt ptofro' and the .1.ngislatitfe beget appropriated nor otherwise approved 'the use of 3 government funds for upgrede to Gsn..tn,,mor John P. Mongb:, If* pillS4 matatttgni 4 nonnertenci WIIEREAS; title 33 'Wngin Islands End; chapter 113,E section 3101 proyIderthat uNo ff officer oremployeesaftheVirginiNfands shall make oraulliorizeiturexpenditurefrorat oricreate 1 or authorize an obligation under any appropriation or fund in excess of the amount ;available S therein;: nix :Oa' '901* ng '11Welve the government in an Taxiniet vr 9 ohIrgelitm tor gm: pornent ofulOit.by for any purpose? in. Ads/ante of aPpropriatiOU Made ibr 10 StIclitpUtpd%Unfedsistelt nbrittact or obligation isauthorizedby laviPprict 11 WHEREAS there was no advance appropriation for any .contra& or obligation mtlictei*411Y14W. fcranY upgrade to OP WY* itr$1.110Pap> `:.QQVC1Dor John P. 00010, Irce :0 PrivaleleSIO/KelAncl. 14 Wt.-SF:Ea, titre 33 Virgin Islands Code, chapter 11'3, Section .3111/631danS that. '!Extept as titheterist provided hylkeir?: sums appropriatetlihrthe:veribus branches:o£expendihtre in the public *Mee shall be applied solely 'to The obJentS for which: they are made; ente for no 11 others; aaftli VilierttetSi the Ittotitot taken front Ant:6917 and used Ita upglittle the plitatetteditience 10 Of Onliettier tleIbligh,Jtk!cannot befeconoilawithillisprovirionset aecflonSTI2/oftide 20 33 rif:thli 137411 Mena Code as those funds were appropriaft4 the legldekurfp the, bepalthfentof'Enblid Woiks for engineering,. &sign?, .9911,51134.9.0ipRaJPAI the tesS1131;t0f 2.. MrldgNEWr tbetnfere, 23 ittlit frtblied-billte legislature ofthe 'Farenlitant• 24 SECTION'S It:. is the consensus of thategislatute oldie Virginishurts thatilteeporilen 4140/8111(011/117,10 *go Act 6917 soSit/h.17 liONIttattlintritrtipgradeS te din pritafe Wide/Ice EFTA01074785 • 4 1. orlosernotlo* e; awaits It, tutor oilithstott bytko tOrslalubiliathoittbittfieinorites 2 Weitie4encectillesedly.. 1 SECTIONt Thetegislanire orth*Vitin rSiattilielliterantliflteOpie A ision4tM14140negt19.11P glgt tr..r$J4 got gig liturotito 7c S ktiet414„li, rOJ tOtiftt tittl • 4141.0n4400.00safgrehttatthettat310-44igalitlitiorti.Atteetatthatf to gplithilelab PlYatleitatteiircesifidenthe:thotado seityAnuary4,19/15, SECTIVDia.. Copies crAthivresdhaton Shallbe ibrwardeekto the Gpwrpotottlieykkgbi • Vandstal Govr<MMOMPAChEt, Thoninlittralloatifth Aopla scot to the United States st Ilkpotint ur Aldo .01 the tittiffd States Attorney, Geitefg, the United States itioutmerit OfttittlitnnaSO.Otthe Inspector General and the Attorney Gcnerat ofte via f2 BILL SUMMARY This Resolution petitions and request Oa return of monies used by Governor "John P. 14 kto*, Jr. to upgrade his private reiidence with copies sent td the President of the United atate4 each member of Congress, the United States Department be interior Office of the 16 inspector General and the United States Department of Justice VI :gee of the United States 17 Stoney General. I8 19 20 .BRI3-0643/JunC.26, 2014/AA 21 22 23. 24 25 26 27 28: 29 5Q EFTA01074786 EXHIBIT J EFTA01074787 •••, CHAPTER NINE. OF CRIMES AGAINST THE REVENUE. Section 1.—Any public officer and every person charged with the receipts, ckeeping, transfer or disbursement of public moneys, who either: (1) Without authority of law, appropriates the same, or any portion greof to his own use or to the use of another; or (2) Fails to keep the same in his possession until disbursed or paid out authority of law; or, (3) Loans the same, or any portion thereof; or makes a profit out of, or es the same for any purpose not authorized by law; or, (4) Unlawfully deposits the same, or any portion thereof, in any bank, with any banker or other person; or, (5) Changes or converts any portion thereof from coin into currency, from currency into coin or other currency, without authority of law; or, (6) Knowingly keeps any false account, or makes any false entry or Imre In any account of or relating to the same; or, (7) Frandulenty alters, falsifies, conceals, destroys or obliteratea'any tie- nt, or documents relating thereto; or, (8) Willfully refuses or omits to pay over, on demand, any public moneys his hands, upon the presentafian of a draft, order or warrant drawn upon di moneys by competent authority; or, (9) Willfully omits to transfer the same, when such transfer is required law; or , (10) Willfully omits or refuses to pay over to any officer or person orized by law to receive the same, any money received by him under any imposed by law so to pay over the same; is punishable by imprisonment in the penitentiary for not exceeding five or by fine not exceeding two thousand dollars, or by both, and is dis- ed from further holding any public office. Section 2.—Every officer charged with the receipt, safekeeping, or dis- ent of public money, who neglects or fails to keep and pay over the same manner prescribed by law, is guilty of a felony. tion 3.—The phrase "public moneys", as used in the preceding sections, es all bonds and evidences of indebtedness, and all moneys belonging to overnment or Municipality. tion 4.—Any clerk, sheriff, or other officer who receives any fine or ure and refuses or neglects to pay over the same according to law, is of a felony. • Lion 5.—Any person, agent or officer of any institution, corporation or y, who shall give or return a false or fraudulent list, schedule l or,state- required by any Law; or who shall willfully fail or refuse to take and be to any of the oaths, affidavits or affirmations required by law; is f a misdemeanor, and upon conviction thereof shall be punished by a exceeding five hundred dollars, or by imprisonment not exceeding one by both. Palle none:. Annolntating funds: Paths to keep In Ponosslois. Loaning or oat Profit. IInlogrally . clopoolifne. co Ch u ntin anging Og.r Ennio( fob* account. Altering accounts or dominate. to pa olinlitg er fangs. or omiltiag t y ov Oitting to tramnnor foals • Rifuing to pay PtoPor orator. Ponintsont. Often falling to keep and pay our tangs. Public moneys &tad. Anal of Moor to pay err au, etc. • Fraudulent lists. ate. . EFTA01074788 EXHIBIT K EFTA01074789 TERRITORY OF THE UNITED STATES VIRGIN ISLANDS) DIVISION OF ST. THOMAS AND ST. JOHN SS: Sit/5- WE -?c3 AFFIDAVIT I, Kenneth Schulterbrandt Jr., first being duly sworn, depose and state: 1. That Affiant is a Special Agent with the United States Virgin Islands Department of Justice, White Collar Crime Division. I have more than 20 years of experience conducting and/or participating in White Collar Crime Investigations. 2. The facts and information contained in this affidavit are based upon my own personal knowledge of the investigation and observations of other witnesses involved in the investigation. All observations referenced below, not personally made by Affiant, were related to him by the persons who made such observations. 3. The following affidavit is submitted in support of an arrest warrant charging JOHN P. de JONGH, JR. of 23-8 Estate Mafolie, St. Thomas, V.I. in violation of Title 14 V.I.C. Section 1662(1), "Embezzlement or falsification of public accounts" and Title 14 V.I.C. §1663(1), "Neglecting to Pay Over Public Monies." 4. In November 2006, John P. de Jongh, Jr. (Governor de Jongh] was elected Governor of the United States Virgin Islands. 5. The Director of Executive Security advised Governor de Jongh that his private residence located at No. 23-8 Estate Mafolie, St. Thomas, V.I. did not have sufficient security and surveillance infrastructure to provide an appropriate level of security for himself and his family. 6. As a result of Governor's decision, the Department of Public Works (Public Works) asked the Virgin Islands Attorney General's Office to provide a legal opinion on whether public funds could be used for security-related improvements at Governor de Jongh's private residence. In response, the Attorney General's Office rendered a legal opinion that the Government could incur the cost and that public funds could be used for the improvements. 7. Based upon the U.S. Department of the Interior Inspector General's report, Public Works informed the Virgin Islands Public Finance Authority, in April 2007, that $1.3 million, which the V.I. Legislature intended for territorial road projects, could also be used for other projects. Those other projects included the security-related improvements at Governor de Jongh's residence. EFTA01074790 Page 2 Affidavit: John P. de Jongh, Jr. & Julito Francis 8. The Public Finance Authority, through Julito Francis, then notified the Department of Property and Procurement (Property and Procurement) by correspondence dated April 16, 2008, that funds were available and that the procurement process could begin. 9. After receiving the authorization to proceed from the Public Finance Authority, Property and Procurement awarded approximately Four Hundred and Ninety Thousand Dollars and Twenty-five cents ($490,000.25) in contracts related to security improvements at Governor de Jongh's private residence. These contracts were issued to erect a permanent, concrete, stone faced, security guard house; construct a new driveway and parking; and install aluminum security fencing as well as surveillance equipment. These funds were spent without the benefit of a formal security vulnerability assessment to determine the level of security the governor would require or the most cost-effective way of providing that security. The only semblance of an assessment consisted of undated, handwritten notes prepared by Governor de Jongh's Director of Executive Security. The notes described the physical layout of the property only and did not address security vulnerabilities. 10. Virgin Islands law states that no officer or employee of the Government can enter into a valid contract before an appropriation is made for that specific purpose. The appropriated funds should never have been used to finance security improvements at Governor de Jongh's private residence, therefore all contracts and agreements entered into by the Government and signed by the Chief Executive, Governor de Jongh, for that purpose were unlawful. 11. The United States Virgin Islands democratic system distributes power among three branches of government; the Executive, Legislative, and Judicial Branches. This separation of powers results in a system of checks and balances and minimizes the potential for the abuse of power. 12. The Executive Branch and its Chief Executive, Governor de Jongh ignored the rules of checks and balances and circumvented the Legislative Branch by using a legal opinion to justify spending approximately $490,000.25 of legislatively obligated public funds for security improvements at Governor de Jongh's private residence. EFTA01074791 Page 3 Affidavit: John P. de Jongh, Jr. do Julito Francis 13. That JOHN P. de JONGH, JR. in his official capacity as Chief Executive of the United States Virgin Islands, knowingly, willfully, and intentionally misappropriated Government funds for use on his own private residence by entering into contracts and agreements on behalf of the Government using funds that were not approved by the Legislature for those specific purposes, but which were unlawfully diverted from Act No. 6917 to serve his own personal interests. 14. That based on the aforementioned, Affiant believes JOHN P. de JONGH, JR., in his official capacity as Governor of the United States Virgin Islands willfully, knowingly, and intentionally misappropriated specifically earmarked public funds that belonged to the United States Virgin Islands Government and were to be used solely for the purpose of engineering design, construction, repair, or resurfacing of roads in the United States Virgin Islands. Governor de Jongh as Chief Executive, the highest ranked public officer in the Government had the ultimate responsibility to ensure that public funds were safeguarded and to ensure that no portion of those funds were misappropriated to his own personal use or the use of another. 15. Further, based on the aforementioned, Affiant believes JULITO FRANICS, in his capacity as the Director of the Public Finance Authority of the Virgin Islands willfully, knowingly, and intentionally caused the misappropriation of specifically earmarked public funds that belonged to the United States Virgin Islands Government and were to be used solely for the purpose of engineering design, construction, repair, or resurfacing of roads in the United States Virgin Islands to be converted to a use unauthorized by law. 16. JULITO FRANCIS being the Director had the duty to ensure that public funds were safeguarded and to ensure that no portion of those funds were misappropriated to use unauthorized by law. 17. Further, that upon the expiration of his term in office as Governor of the United States Virgin Islands, JOHN P. de JONGH, JR. willfully, knowingly and intentionally kept the approximately $490,000.25, he misappropriated for his own personal use. Affiant believes that JOHN P. de JONGH should be charged in violation of Title 14 V.I.C. Section 1662(1) "Embezzlement or Falsification of Public Accounts, " Title 14 V.I.C. Section 1663(1), "Neglecting to Pay Over Public Monies" and "Principals" Title 14 V.I.C. Section 11 (a). 18. Further, Affiant believes that JULITO FRANCIS should be charged in violation of Title 14 V.I.C. Section 1662(1) "Embezzlement or Falsification of Public EFTA01074792 Page 4 Affidavit: John P. de Jongh, Jr. & Junto Francis Accounts," Title 14 V.T.C. Section 1663(1), "Neglecting to Pay Over Public Monies," and as Principals, Title 14 V.I.C. Section 11(a). Affiant further sayeth not. A )dr th Schulterbrandt Jr. SUBSCRIBED to and SWORN Before me this / 170/ day of August 2015. Mazietrteteof the uperior Court What A CERTIFIED TRUE COPY DATE S 1/4 7// ESTRELLA H. GEORGE ACTING CLERK OF THE COURT BY C4 -221-1k- COURT CLERK II EFTA01074793