Former police chief Ray Martinez faces grand jury today in federal investigation

The Consortium has learned that former police chief Ray Martinez will face a federal grand jury today in the Sixth District Court in St. Thomas. This will be a momentous moment for the former head of law enforcement.

Mr. Martinez and former Office of Management & Budget Director Jenifer O’Neal recently resigned from their high-level government posts after the Consortium reported on the federal government’s investigation into the two. Calvert White, the commissioner of the Virginia Department of Sports, Parks and Recreation, is also under investigation by the Federal Bureau of Investigation.

All three are expected to appear before a grand jury, although the consortium could not independently verify whether Ms. O’Neal and Mr. White’s appearances would take place today. However, all three are expected to appear before the grand jury later this month.

Mr. Martinez was the only one of the three to receive a demand letter and a summons. Ms. O’Neal and Mr. White were served with subpoenas requiring them to produce documents and appear in court as part of the federal investigation. All three individuals’ cell phones were also seized. Investigators typically need a search warrant to seize a phone, which requires proving a reasonable suspicion that the phone contains evidence of a crime. The search warrant must also be approved by a judge.

Although Ms. O’Neal and Mr. White were not served with target letters, that does not mean they are safe from prosecution. For example, if the seized devices and documents presented contain incriminating evidence, the likelihood of charges increases. In addition, if testimony before a grand jury reveals illegal activities, it could lead to charges.

Nonetheless, of the three, Mr. Martinez is currently facing the most serious consequences because he was the only one to receive a target letter. Receiving a target letter from the FBI and a grand jury subpoena indicates that you are under serious investigation. A target letter from the FBI usually means the recipient is considered a prime suspect in a federal investigation. According to the U.S. Department of Justice, a target is someone against whom the prosecutor has strong evidence linking him to the commission of a crime and who, in the prosecutor’s opinion, is a probable defendant.

Prosecutors often use grand juries to bolster their cases, gather additional evidence, and obtain indictments. Recipients of a target letter are those whose investigations are well advanced and have a high likelihood of indictment. In fact, the grand jury process is often a formality to corroborate the prosecutor’s case. According to the Bureau of Justice Statistics, grand juries indict in over 99 percent of the cases presented to them.

The matter is related to a St. Thomas-based company called Mon Ethos (MEPS VI), which was awarded a no-bid contract by the VI Police Department. After receiving the contract from the VIPD, signed by the police chief, the company’s owner, David Whitaker, provided Mr. Martinez with money to complete work on a restaurant project he had been working on for quite some time, according to people with intimate knowledge of the matter. The VIPD contract included the installation of cameras for the police department, Governor Albert Bryan said during a press conference last Monday. “We have had excellent results in terms of our crime,” Mr. Bryan said. “The police chief attributes many of our arrests and the progress we have made in crime to Mon Ethos.” The contract also included a variety of other services, including surveillance operations in government departments and agencies that had allegedly been infiltrated and secretly installed listening devices. This matter has baffled the public, and the VIPD has failed to provide a comprehensive update.

The commissioner confirmed in a conversation with the consortium on Saturday, June 15, that he had indeed received a target letter from the FBI. He declined further comment.

Ms. O’Neal was served with the subpoena and her mobile device was seized two weeks ago in Orlando, Florida.

Mr White was summoned to his office. His mobile device was also seized and the Commissioner was forced to produce documents related to a $1.8 million contract for cameras in DSPR-owned facilities that was awarded to Mon Ethos.

Although no contract was reached between DSPR and Mon Ethos, the company was awarded the contract, and federal officials are investigating possible interactions between Mr. White and the company’s directors, according to sources. Federal officials have asked Mr. White to provide all documents related to the bidding process to assist their investigation while they comb through data stored on his phone.

Asked for comment, Mr White said he had withdrawn from the bidding process and therefore did not know how Mon Ethos won.

“I recused myself from the bidding process because I knew that Anthony Thomas was part of the company and that Anthony Thomas and I worked together. I was not involved in the bid packages, the evaluation, the valuations, the selection – none of that. I was not involved in any of that and there is a document to prove that,” White said.