Anthony Chambers, the defense attorney for former Chief Operating Officer Amos Carty, said in an interview that he was disappointed prosecutors waited less than two hours after the mistrial was declared before announcing their intentions to retry the defendants.
“A lot of time and expense has been invested by all parties in this case,” Chambers said, adding that the total cost of investigating and prosecuting the case may have been more than what was alleged to have been misappropriated.
Chambers said the exact dollar amount of the alleged fraud was difficult to pin down. An affidavit filed by the lead investigator on the case in 2008 said Miller conspired with Carty and former Chief Financial Officer Peter Najawicz to illegally transfer about $2.2 million into Miller’s bank accounts during his CEO tenure from 2002 to 2007. All three were alleged to have secretly received some of the money.
Along with Miller, 38, Carty, 45, and Najawicz, 44, prosecutors also charged hospital board Chairwoman June Adams, 82. However, the Daily News reported, charges against Adams were dropped during the trial and she subsequently testified as a prosecution witness.
Miller was a high-profile healthcare executive, appearing on the Modern Healthcare Up & Comers list for young executives in 2002, and on the magazine’s Top 25 Minority Executives in Healthcare lists in 2006 and 2008.
Chambers said the defendants never disputed that the former CEO, COO and CFO had received payments above what was reported on Notice of Personnel Action reports, which are used by the Virgin Islands government to track public salaries. But defense attorneys said exceeding NOPA figures is common and the board knew about it.
“It’s clear that payment above NOPA is something that occurs in order to recruit and retain high-level executives,” Chambers said. “Every board member has acknowledged that they were aware” of the payments.