SUMMERSVILLE, W.Va. — Former Richwood Mayor Bob Henry Baber pleaded guilty Monday to a prosecutor’s information to obtaining money by false pretenses, a felony.
The prosecutor’s information said Baber defrauded the city in the amount of $2,443. The investigation was conducted by state police and the state Auditor’s Office.
“Baber ordered the city clerk to cut him a check for money he wasn’t entitled to,” Special Prosecutor Steve Connolly of the state Auditor’s fraud office said. It happened while Baber was mayor in 2017.
Prosecutors dropped several other charges against Baber as part of the agreement. Some of those charges had to do with alleged illegal purchases made by Baber’s state-issued purchasing card.
Baber’s scheduled to be sentenced on Oct. 12 at 1:30 p.m. He faces 1-10 years in prison.
The Auditor’s Office and state police began an investigation into Richwood in connection with allegations of how federal flood recovery money was used following the June 2016 flood. The investigations show that from 2016 to 2018 a portion of $3.1 million in recovery money was diverted to personal use.
State police charged Baber, former Richwood recorder and former mayor Chris Drennen, former city clerk Abby McClung and former police chief Lloyd Cogar in March 2019 in connection with the investigation.
“There’s $1.3 million roughly that never made it to the intended purpose. It was diverted to friends and family and everybody under the sun,” Connolly said Monday.
So far only Baber has been the only one convicted. Connolly said charges against the other three are on hold. He said all three are cooperating and the charges could be dropped.
“There’s a possibility that if there’s full cooperation plus restitution. That’s part of the agreement,” Connolly said.
Connolly said the investigation is not over and there may be charges filed against people who haven’t yet been named in connection with the flood funds investigation.
Prosecutors are recommending no jail time in the Baber case but are seeking restitution and five years probation. Connolly said the restitution will include what the state has spent on the investigation. He said that’s exceeded $100,000.
Baber apologized during Monday’s hearing.
“I have profoundly disappointed the people of Richwood, Nicholas County, the State of West Virginia, my family, and my friends. I regret my actions from the bottom of my heart. I have had years to ponder my mistakes. It has been painful to reflect on the selfishness that compelled me to seek recompense that was not due me. But however painful it has been to me, pales in comparison to the pain it has caused and to the damage ultimately done to both Richwood’s reputation as a town and to its recovery from the flood,” Baber said. “It was a terrible lapse of judgment to press for payment for volunteer flood recovery work performed before I was sworn in as Mayor. I clearly and unequivocally recognize it was illegal, wrong, and unethical. I pressured Clerk Abby McClung to write the check in the amount of $2,443.64.”
State Auditor J.B. McCuskey thanked law enforcement for investigating the case.
“The plea today from Bob Henry Baber serves as a reminder that the State will not give up on pursuing fraud when we find it,” McCuskey said.
Connolly said it’s time for Richwood to move forward.
“Richwood needs to start recovering and the people need to start recovering and part of that is through accountability,” he said.
Connolly said he is disappointed that it has taken more than two years to gain a prosecution. He said the U.S. Attorney’s Office for southern West Virginia had the case for months before deciding not to prosecute.
“It languished for two and a half years and then subsequently earlier this year it was returned back to the state to prosecute and that’s when we really began to dig in and try to get these things resolved,” Connolly said.