Judge Carol Thomas-Jacobs granted the V.I. Justice Department’s motion for a temporary restraining order against Mon Ethos Pro Support on Thursday over the objection of company founder David Whitaker.
The Justice Department filed a complaint against Whitaker on July 2 in V.I. Superior Court along with the motion for a temporary restraining order and preliminary and permanent injunction, alleging his company breached its contract for cybersecurity services with the V.I. Police Department and was threatening to delete data critical to ongoing investigations and court cases.
According to the verified complaint, Mon Ethos demanded payment of $479,795 on June 15 for previous work “and threatened that data would be ‘lost’ if payment was not immediately remitted.” It was around the same time that the FBI announced that Police Commissioner Ray Martinez and Office of Management and Budget Director Jenifer O’Neal were the targets of a federal investigation regarding the government’s contract with Mon Ethos. Within days, both officials had resigned.
Additionally, the lawsuit alleges that Mon Ethos is refusing to return equipment it was loaned under its contract with the VIPD, which is due to expire on Sept. 30, including a GrayKey — an item that lets police hack into mobile devices and retrieve encrypted information.
According to the complaint, the property also includes iPads, Facebook portals, iPhones, Max West Nitro tablets, Qlink Wireless tablets, laptops, Motorola cellphones, and Android Moto G phones with cases.
Whitaker filed a motion to dismiss the lawsuit on Monday and an objection to the motion for the restraining order, or TRO, on Tuesday. He has denied wrongdoing and said in his response to the complaint that he has not violated his contract because any equipment loaned to him for his work with the VIPD for investigative support services, data discovery and forensic analysis doesn’t have to be returned until the contract expires on Sept. 30. There’s also no allegation that Mon Ethos has failed to perform the work, he said.
Public spending records reveal that the V.I. government has paid $3.31 million to Mon Ethos since August 2022, including $1.7 million from the Office of Management and Budget and $1.5 million from the V.I. Police Department.
Notice of Thomas-Jacobs’ order granting the TRO was filed on the Superior Court docket on Thursday afternoon but not the actual order.
