CHARLESTON, W.Va. — A former Kanawha County Public Service District chairman could face up to 10 years in prison after pleading guilty to one count of embezzlement in excess of $1,000 from the local PSD.
John Rubin, 69, of Hernshaw. went before Judge Dave Hardy in a plea hearing Monday afternoon.
Previous court records show Rubin was indicted in June 2023 on a total of up to 10 counts of embezzlement, fraudulent schemes, forgery and uttering.
He was originally accused of taking thousands of dollars from the PSD between June 2018 to March 2022, of which, according to a whistleblower who came forward, claimed Rubin used the stolen funds to build a barn on his property in Hernshaw.
However, in a plea deal with prosecutors, Rubin pleaded guilty to a single count. His attorney, John Mitchell said Rubin ultimately pled guilty for making changes to invoices for his personal benefit.
“Dates and amounts for products and purchases for the Public Service District,” Mitchell said. “This was a very complicated case at first because it involves what we call white collar crime.”
Mitchell said his client feels as though he hasn’t gotten to fully explain his side of the case.
“My client feels like he is being charged with things, or alleged with things that he didn’t actually do, however there was enough there that, under the circumstances, there is this count,” he said.
The Kanawha County Commission decided to remove Rubin from the position at the Kanawha County PSD in July 2022, appointing Chris Billo as his replacement.
After pleading guilty to the one count Monday, Rubin could face 1 to 10 years in a state penitentiary or up to one year in a regional jail. He will have to pay a max fine of up to $25,000.
Mitchell said a restitution amount Rubin will have to pay will be determined by the probation officer during the pre-sentencing investigation. He said the state is also recommending he do probation.
A sentencing date is still being determined but it was decided that it will be sometime in early April, in which Mitchell said Rubin will get to explain more of his stance on the matter related to the embezzlement count and all of the other previous counts.
“A lot of works going to be done between now and the sentencing in two months because, he’ll have the opportunity to explain his side as to the other counts,” said Mitchell.
Rubin faces 1-10 years in prison.