Aug. 26, 2004 – After listening to closing arguments Thursday and deliberating for slightly over two hours, a District Court jury found Deputy Health Commissioner Lucien A. Moolenaar II guilty of falsely obtaining $102,497.89 from the V.I. government, converting federal funds for personal use, and lying to government officials.
Moolenaar, a dentist who served for a time as acting Health commissioner, was accused of having kept 63 erroneous paychecks between 1995 and 2000 and with having converted $40,673.35 in federal funds for personal use.
"The evidence proves without a reasonable doubt that Dr. Moolenaar knew the money was coming in; he kept it and spent it for his own personal use," prosecuting attorney Nicholas Marsh said in his closing arguments.
Marsh said that the sheer value of the money, the pay stubs and the bankruptcy records filled by Moolenaar reflecting the additional income were proof that Moolenaar was aware of the overpayments. Marsh added that any "reasonable" persons would have noticed an increase in their pay and would look at their pay stubs.
Moolenaar testified on Wednesday that he had not been aware of the overpayments until he was notified by government authorities. He further stated that he did not handle his own finances, but left that to his wife. (See "Moolenaar, Wife Say She Handled His Finances".)
In his closing arguments, defense attorney Arturo Watlington Jr. told the jury, "We believe if you look at the facts, you will find that no crime occurred."
Watlington said that even with three sources of income — as deputy commissioner, landlord and dentist in private practice — Moolenaar had to seek bankruptcy protection from 1994 to 1997 because of poor money management. So it was not "unusual" that he would tell his wife to handle his finances, Watlington said.
Watlington also told the jury that it was not "unusual" for a man who would lose a $1,626.85 check for almost two years not to look at his checks and his pay stubs.
The overpayments to Moolenaar came about after Moolenaar in 1995 came upon two uncashed paychecks issued in 1992, each for $1,626.85. Since the checks were too old to be cashed, the Finance Department issued new ones to take their place. But from then on, it kept issuing similar checks every other pay period.
A sentencing date has not been set for Moolenaar. He remains free on a previously posted $10,000 unsecured bond with restrictions on his travel.
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