IN THE MAGISTRATE COURT 01? Nicholas COUNTY, WEST VIRGINIA State of West Virginia Case No. 000 55 V. Misdemeanor/EFelony Robert Henry Baber XX Defendant (Full Name) Social Security Number Date of Birth Address 7 Driver's License Identification Number City, State Zip Code Phone Number(s) CRIMINAL COMPLAINT Mag. Ct. Criminal Procedure Rule 3, 4; 18 S. 921 (33) I, the undersigned complainant, upon my oath Dig tale gun following 18 true and correct to the best of my knowledge and belief. On or about June, County. West Virginia, in violation of West Virginia Code (cite speci?c section, subsection, and/0r subdivision, if applicable) 1. Fraudulent or Unauthorized use of a Purchasing Card 6-9-2c the defendant did (state statutory language of the o??ense) 2. Embezzlement 61-3-20 *Sce Attached Statutes I further state that this complaint is based upon the following facts: *See Attached Narrative Continued on an attached sheet? El No (If this complaint involves misdemeanor assault/battery, [West Virginia Code 61 or misdemeanor domestic assault/ battery, West Virginia Code 61 -2?28 check all that apply.) The defendant is/was the victim's spouse. El is/was living with the victim as a spouse. parent, or guardian. is/was a parent or guardian of the victim. is a person who is like a spouse, parent., or guardian of the victim. I: has a Ch?d in common With the victim. has none of the above connections to the victim. Complainant (who appears before Magistrate): On this complaint, sworn or affirmed before me and signed B. L, in my presence on this date by the complainant, the item(s) Complainant Name (Full Name) checked below apply: 105 Pinecrest Drive Finding Issuance Address Beckley WV 25801 [3 yo probable cause found 561110115 issued City, State Zip C?d? Probable cause found Warrant issued (304) 256?6982 . . .. Phone Number(s) arrest Lieutenant - West Virginia State Police Of?ce or Title, if any 03- 29- 2019 Lai- 3" 3/?49/7 Date Complainant Signature Date Magishzue Signature Criminal Complaint (previously MCRCOMP) Page 1 Revision Date: 06/2012; Approved: 06/06/2012; Docket Code(s): MFF CF Case No. 00055 IN THE MAGISTRATE COURT OF Nicholas COUNTY, WEST VIRGINIA CRIMINAL COMPLAINT (CONTINUATION PAGE) To Wit: Between July 1, 2016 and July 20, 2018, Robert Henry Baber served as the duly elected Mayor for the city of Richwood, Nicholas County, WV, until being removed from office. During that time, Mr. Baber was issued a Local Government Purchase Card, after reviewing/signing a West Virginia Local Government Purchasing Cardholder Agreement. A forensic audit revealed that he utilized his issued purchasing card for 86 transactions totaling $6,245.17 in that time, many of which were not pro-approved or authorized by City Council. Of those 86 transactions, there were 24 transactions for which no receipt or invoice was provided to substantiate the claim, and at least 33 of which appear to have been personal in nature. Even more disturbing, is that Mr. Baber admitted to giving his purchasing card to other people to use on at least 19 separate occasions. These actions are contrary to the provisions of the West Local Government Purchasing Cardholder Agreement and West Virginia Code 6-9-2C. On April 27, 2017, (then) Mayor Baber issued himself a Richwood city check (Paycheck #124779) for $3,640 (gross) claiming work done during the 2 week pay period ending on July 8, 2016. Effectively, he paid himself for volunteer ?ood work that was done the week prior to him becoming Mayor, and his ?rst week in office as Mayor of Richwood, abusing his authority, and converting Richwood city money for his own use, this in violation of West Virginia Code 61-3-20. 020/7 Criminal Complaint (previously MCRCOMP) ge 2 Revision Date: 06/2012; WVSCA Approved: 06/06/2012; Docket Code(s): Hwy/l? - 00055 West VIEania Code WEST VIRGINIA CODE: accordance with the provisions of section two-a of this article, to make any purchase of goods or services in a manner which is contrary to the provisions of section two-a of this article or the rules promulgated pursuant to that section. It is unlawful for any person to knowingly or intentionally possess with the intent to use a purchasing card without authorization pursuant to section two-a of this article or the rules promulgated pursuant to that section. unlawfully obtained, fraudulently used, used without authorization, or where any substantial or material element of the offense occurred. 5 March 27, 2019 Page 1 of1 ?6~9~20 00055 West Virginia Code ?61-3-20 WEST VIRGINIA CODE: ?61-3-20 ?61-3-20. Embezzlement. If any of?cer, agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, or of any banking institution, or other corporation, or any of?cer of public trust in this state, or any agent, clerk or servant of any ?rm or person, or company or association of persons not incorporated, embezzles or fraudulently converts to his own use, bullion, money, bank notes, drafts, security for money, or any effects or property of any other person, which shall have come into his possession, or been placed under his care or management, by virtue of his of?ce, place or employment, he shall be guilty of the larceny thereof. If such guilty person be an officer, agent, clerk or servant of any banking institution, he shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten years. And it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank note, draft or security for money which is so taken, converted to his own use or embezzled by him And whenever any of?cer. agent, clerk or servant of this state, or of any county, district, school district or municipal corporation, shall appropriate or use for his own bene?t, or for the bene?t of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any such county, district, school district or municipal corporation, he shall be held to have embezzled the same and be guilty of the larceny thereof. In the prosecution of any such of?cer, agent, clerk or servant of this state or of any county, district, school district or municipal corporation charged with appropriation or use for his own bene?t or the bene?t of any other person, any bullion, money, bank notes, drafts, security for money or funds belonging to this state or to any county, district, school district or municipal corporation, it shall not be necessary to describe in the indictment, or to identify upon the trial, the particular bullion, money, bank notes, drafts, security for money or funds appropriated or used for his own bene?t or for the bene?t of any other person. Writ/i my March 27, 2019 Page 1 of 1 561-3-20