May 16, 2007 — Two men who pleaded guilty to defrauding the territory, federal government and one unidentified corporation of about $1.1 million were sentenced on Wednesday to repay the money — and serve up to 36 months in jail.
Presiding V.I. District Court Judge Curtis Gomez also sentenced defendants Earl E. Brewley and Esmond J. Modeste to three years supervised release after their incarceration is complete. Brewley will serve 21 months in jail while Modeste will serve 36 months, according to Gomez.
Brewley and Modeste will split the $1.1 million restitution cost with former DPNR official Hollis Griffin, sentenced earlier this month to four years in prison for his role in the elaborate bribery and kickback scheme. It stemmed from the creation of Elite Technical Services, a fictitious company used to seek out and award at least seven illegal government contracts valued at about $1.4 million.
Although little or no actual work was performed on the contracts — which were awarded by DPNR, the Department of Property and Procurement and the V.I. Fire Service — payments totaling more than $1.1 million were made to Elite and other companies purportedly formed by Griffin, Brewley and Modeste.
Charges against the three men ranged from conspiracy to commit bribery, fraud and structuring, a federal offense similar to money laundering. They pleaded guilty to the crimes in July 2006. (See "Ex-DPNR Official Sentenced to Four Years for Defrauding V.I. Government.")
On Wednesday, Brewley's attorney, Clive Rivers, argued that his client had "minimal involvement" in the scheme and has fully cooperated with federal investigators since charges were brought against him in June 2006.
"He came forward from the beginning and has worked with the government," Rivers said, asking Gomez to "be lenient" and reduce Brewley's sentence from the prosecution's recommended 24 months of jail time.
In support of the defense's statements, Pastor Alger Warner testified that Brewley, upon hearing of the charges, came to him and expressed remorse for his involvement in the company. "He has made a commitment over the past 18 months, has been faithfully participating in church and serves as one of our basketball coaches," Warner said. "He has dedicated his life to Christ." He added, "Please consider what he's done, and how he is working to put his life back on track."
Representing the federal government, attorney John Pearson acknowledged that Brewley's continued cooperation had enabled the prosecution to build a case against several other individuals involved in the scheme. The government will charge some of them within the next 60 to 90 days, he said. However, the government's sentencing recommendation still called for a 24-month period of incarceration, Pearson said, since Brewley was, in part, responsible for "cheating the U.S. government and the local government" out of some $1.1 million.
Brewley was involved in the negotiation of some of the illegal contracts, and was responsible for signing off on various subcontracts and company checks, Pearson added.
Shedding tears while standing before the court, Brewley told Gomez he had made a "great mistake," and had, as a result of his involvement with Elite, "brought shame" upon his wife, children and the rest of the community.
"It's not easy to come in front of the court today," Brewley said, adding that he had suffered through "many, many sleepless nights" since being charged last year.
"I can never undo what I have done, but if you give me the opportunity, I think I can make a difference in the lives of the young men that I now coach, and I continue to ask forgiveness from the community and the rest of the public."
Modeste issued similar statements, apologizing to the "court, and people of the Virgin Islands for my participation" in the company. His attorney, Arturo Watlington Jr., added that Modeste — a small-business owner based in Georgia — "unknowingly and unwillingly" took part in the scheme after meeting Griffin.
"I don't think my client would have been involved with the whole thing if he knew he would be up here today," Watlington explained, saying that since an investigation of the company was launched Modeste has also continued to cooperate with the federal government.
Additionally, Modeste is not a naturalized U.S. citizen but rather a resident of Grenada, Watlington said. He is currently in a strained financial position, Watlington said, having "nothing to show" for his participation in the scheme.
"He got caught in a web that appeared to be lucrative," Watlington said. "But the threat of an indictment kept him pretty much uncomfortable and pretty much unemployable."
While Watlington said his client "understands there is a price to pay," he also requested that the court take into account Modeste's age — he will soon turn 60 — when sentencing him to serve jail time.
Gomez, who sentenced Modeste to 36 months, said that Modeste will serve out his time at a prison facility "that is appropriate for this type of crime and the age of the defendant." He continued, "Other than that, the court will make no other recommendations."
Both Modeste and Brewley will begin to serve their sentences Dec. 3, giving them more time to aid in the federal government's ongoing investigation of the company.
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