Aug. 14, 2008 — Choking back tears, former commissioner Dean C. Plaskett stood at the podium in District Court Thursday, spoke about his accomplishments at the helm of the Department of Planning and Natural Resources and told the judge how his three children and elderly parents rely on him for medical and financial assistance.
He apologized for the "shame" he had brought upon his family, and said his involvement in an elaborate fraud and kickback scheme meant to defraud the government of $1.4 million showed "a lack of appreciation" for his prominent position in government. Plaskett said he was destitute, but that he had been given a chance over the past few months to reevaluate his "character" and reconcile his life.
His pleas for mercy did not fall upon deaf ears: Presiding District Court Judge Curtis Gomez said the former DPNR commissioner had "done a number of good deeds" in the community. But public corruption is a serious offense, the judge added, and Plaskett's actions — namely helping to award government contracts to a sham company called Elite Technical Services and taking a cut of the profits — had put a blight on his record, Gomez said as he sentenced Plaskett to nine years in prison and three years supervised release.
In February, a 12-member jury found Plaskett and former Property and Procurement Commissioner Marc Biggs guilty of one count each of federal program bribery for awarding a $650,000 Coastal Zone Management contract to Elite in January 2003. Biggs was sentenced Thursday to seven years in prison, followed by three years supervised release.
Plaskett was also found guilty on two counts of obstruction of justice for trying to cover up the fact that no work had been done on a Hovensa permit-review contract awarded to Elite in late 1999. (See "Plaskett and Biggs Guilty, But Marchena Walks.")
Prosecutors recommended Thursday that Plaskett serve 14 years in prison for the crimes, a sentence that falls within the federal sentencing guidelines of 151 months to 188 months. Gomez said he was "not convinced" that either number was appropriate.
Gomez also bypassed the prosecution's recommendation of 10 years for Biggs. He did, however, agree with the prosecution's argument that both defendants should pay back the profits they made on all seven government contracts outlined in a 2007 indictment — amounting to nearly $1.1 million for Plaskett and $960,482 for Biggs. Both figures would be "offset" by any restitution payments received from other co-defendants in the case, Gomez said.
Biggs' attorney, Treston Moore, along with Plaskett defense attorney Gordon Rhea, argued that their clients should only have to pay money judgments based on the Hovensa and CZM contract awards, for which they were convicted. Both attorneys said their clients would appeal the sentences.
"The evidence against Mr. Biggs is not overwhelming, irrefutable or undeniable," Moore said. "And we have challenges to each piece of evidence — starting with whether my client even agreed to participate in this whole scheme."
Gomez denied motions requesting that Plaskett and Biggs be released on bail or bond pending the outcome of the appeals. He said the two have a week to get their affairs in order before they begin serving their sentences.
Biggs also has to pay a special assessment of $100, while Plaskett has to pay a $300 assessment.
Pleas for Mercy
Emotions ran high in the courtroom Thursday, as both Biggs and Plaskett — along with two of their family members — appealed to the court for mercy. Plaskett's brother Miles agreed that his brother should be punished for his actions, but still had his kids and parents to take care of.
"I'm begging your honor, on behalf of my family, to show some compassion," Miles Plaskett said. "I understand that Dean has to be held responsible for his actions — he has dishonored his family, he has dishonored his community, he has dishonored the high office he had, his profession and particularly himself. But he has to live with that every day, and I'm asking you to consider that he has more to offer this community, and to pass a sentence that is fair and just."
While at the podium, Biggs also cried as he made his statement before the court. The former Property and Procurement commissioner maintained his innocence, saying that he had only gotten into public service to "make things better" for the territory's residents.
"My being here today is my fault," Biggs said. "It's my fault because of a weakness that I possess that I have been told about by the people who are closest to me. And that weakness is placing trust in others, being nice and giving of myself — that's why I'm here today. I tried, I honestly tried to make things better, but in trying to improve the contracting process, people got upset. I became a target for many, and heard several vicious rumors about myself."
Biggs said he was "appalled" that the jury's verdict on the bribery charge appeared to be based on the testimony of an "admitted 30-year drug addict" — namely Hollis Griffin, another former DPNR official who started Elite with the help of co-conspirators Brent Blyden, Atlanta businessman Esmond J. Modeste and former V.I. Fire Services employee Earl E. Brewley.
Griffin, Modeste, Brewley and Blyden have pleaded guilty to taking part in the scheme and — with the exception of Blyden — have already been sentenced. Throughout the course of the indictment and subsequent trial, each of the co-conspirators, along with two other witnesses, laid out overwhelmingly detailed evidence about Biggs' and Plaskett's roles in the Elite Technical Services sham, prosecutors said Thursday.
Much is expected of officials responsible for protecting the public's trust, they said.
"Instead of doing that, the defendants for years traded their high-ranking government positions of trust for power and greed," said prosecuting U.S. Attorney Armando Bonilla. "They have forever placed a stain on the Turnbull administration and the V.I. government. We have to send a message to all future government employees that this kind of corruption will not be tolerated … and we have to send a message to businesses in the community that government contracts are not just simply given to the highest bidder."
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