ST. THOMAS, V.I. - Former government employee, Calford Charleswell,
who confessed to participating in a scheme to defraud the government through a
property auction, will be spending one year behind bars.
a brief statement following the sentencing, Attorney General Claude Earl Walker
said, “Charleswell’s conduct was a disgraceful violation of the people’s
trust. I thank the Inspector General,
Steven Van Beverhoudt, and his team of agents and auditors for their
partnership with the Attorney General’s office.
Together, we will continue to target public corruption in the Virgin
Islands and hold government officials accountable who have been found to have
misused the people’s precious resources.”
of Anna’s Retreat pleaded guilty to a single charge of conspiracy based on a
plea agreement he entered into with prosecutors and in return, the other 13
charges he faced were dismissed with prejudice.
Monday morning, Charleswell stood before V.I. Superior Court Judge Michael
Dunston for his sentencing.
made a mistake,” Charleswell told the court when given an opportunity to speak
on his own behalf. “I’m sorry for
letting the Lieutenant Governor’s office and my family down.”
accordance with the plea agreement, Judge Dunston punished Charleswell to three
years’ incarceration with all but one year suspended with credit for the one
day he served in jail when he was arrested, while chiding him for using his
office to further the fraudulent scheme.
held a position with the government and it was through this position that this
crime was committed,” Judge Dunston said.
“The conspiracy may have had its origin elsewhere, but… he was the
supervisor of the auction, which permitted the transfer of this property.”
has also been sentenced to two years of supervised probation, he was ordered to
complete 100 hours of community service and pay $675 in fees and court costs
within the first year of his probation.
was permitted to report to the Bureau of Corrections on Monday, July 31, to
begin serving his sentence.
Sylvester Warner, 43, of Est. Peter, another
one of the conspirators in the scheme, also appeared before Judge Dunston on
Monday morning to be sentenced. Based on
a plea deal in which he also pleaded guilty to one count of conspiracy, Judge
Dunston sentenced Warner to supervised probation for a period of one year and
ordered him to pay $575 in fees and court costs within the first six months of
his probationary period.
A third co-conspirator, Paul Sabers,
66, pleaded guilty Monday morning to one count of compounding a crime and was
sentenced to a suspended jail term of 90 days, supervised probation for one
year and 100 hours of community service.
On March 31, Edward McKenzie, a
fourth man who was involved in the plot, pleaded guilty to one count of
compounding a crime and was sentenced to a suspended jail term of 90 days,
supervised probation for one year and 100 hours of community service.
The four men were arrested on Nov.
19, 2015, following an investigation by Nicholas Peru, special
investigator in the office of the Inspector General, into a property auction
scheme, which occurred during an Aug. 30, 2012 property bid conducted by the
office of the lieutenant governor.
According to the affidavit filed by
Peru, Charleswell worked as Chief Enforcement Officer in the lieutenant
governor’s office and as part of his duties, he was responsible for collecting
property taxes in the St. Thomas-St. John district, preparing payment plans,
property tax liens and property listings for auction, as well as conducting
public property auctions.
30, 2012, Charleswell oversaw a public auction in the St. Thomas-St. John
district. One of the properties being auctioned was 97 Est. Frydenhoj, on which
the opening bid was placed at $6,442.28. The first bidder tendered $75,000, a
second person proffered $42,000 and the third bid was $10,100; however, the
bidder tracking sheet prepared by Charleswell showed that there were only two
bidders on the property, according to Peru.
unwritten policy developed by officials in 2012 required that the three highest
bidders be recorded in the event that the highest bidder failed to meet the ten
percent deposit amount, but the day after the auction, the winning bidder did
not make the required deposit and the second highest bidder should have been
contacted, Peru wrote.
On Sept. 4, 2012, a deposit of $2,000
was paid on a bid that was not noted on the record and on Oct. 11, 2012, a man
paid the balance of $8,000 on the Est. Frydenhoj property and the office of the
lieutenant governor transferred the property to that man for $10,000. Then, on
Sept. 25, 2013, the man transferred the same property to another man, according
A woman whose name appeared on the
bidder tracking sheet told Peru that she accompanied Warner to the auction and
he completed the registration form using her name, but used his address. She
said Warner bid on the Frydenhoj property and told her that he was bidding for
a friend. On the day of the auction, Warner bid on three other properties, but
although he was the highest bidder, he failed to pay deposits or take any of
the properties, according to Peru.
The investigation revealed that
certain procedural changes made by officials at the office of the lieutenant
governor allowed individuals to fraudulently manipulate the bidding process in
a scheme in which the highest bidder purposefully makes a substantially
inflated high bid, then fails to post the ten percent deposit so that the
property would go to another bidder or individual for a substantially low
price, Peru wrote.
This manipulation prevented potential
bidders from making fair and legitimate bids on properties offered at public
auctions and potentially reduced the likelihood of the property owner recouping
any excess proceeds from the sale after taxes and fees are paid, according to
The case was prosecuted by Assistant
Attorney General John Tolud.