Former GH man faces another embezzling charge

Becky Vargo • Mar 6, 2018 at 8:00 AM

A former Grand Haven man who is still on probation for a prior embezzlement conviction pleaded guilty Monday to cheating another employer.

Jon David Kubiak, who now lives in Grand Rapids, told Ottawa County Judge Karen Miedema, “I used company accounts to purchase items for my personal use.”

Kubiak, 57, said he had legal possession of a credit card while employed with Steele Enterprise, 4376 60th St., Holland. However, he said he used the card “unlawfully.”

Kubiak said that on or about June 7, 2017, he used the credit card to buy tools, “horse stuff” and light bulbs. He said the items were valued at more than $1,000.

The formal charge is embezzlement of more than $1,000, but less than $20,000.

In exchange for his plea, Kubiak will not be charged as a habitual offender, and charges of malicious destruction of property and trespassing — that he was facing in Holland District Court — will also be dropped. The embezzlement charge is a felony, which carries a maximum penalty of up to five years in prison and/or a $10,000 fine, or three times the amount of the embezzlement. If Kubiak had been charged with being a habitual offender, his sentence would have been more severe.

Kubiak also pleaded guilty to a probation violation, because of the above incident, in connection with a former embezzlement (he was convicted of false pretenses) in 2016 from a Zeeland Township asphalt company and a 2015 conviction of a false report of a felony in Grand Haven.

An additional embezzlement charge was dismissed when Kubiak pleaded guilty to false pretenses ($1,000 to $20,000) in the 2016 case.

But Kubiak was ordered to pay $27,600 in restitution to Bruce’s Blacktop in Zeeland Township and Black Gold Transport of Dorr. 

Bruce Vanderkolk, owner of Bruce’s Blacktop, said the amount for the work was $19,600.

In the case that was dismissed, Black Gold Transport owner Jody Schaendorf said his loss was about $8,000. Schaendorf said that Kubiak arranged for paving at a campground where he stayed for free.

“He forgot to bill it,” Schaendorf said.

Other charges Kubiak faced at the time that have since been dropped were using his computer to commit a crime, criminal enterprise and habitual offender, according to defense attorney Thomas Smith.

Kubiak pleaded guilty in November 2016 to a charge of filing a false report of a felony. At the time, he claimed some commercial parking areas were paved and the cost passed along to the City of Grand Haven. Kubiak served four days in jail and was put on probation for one year when sentenced on that charge. He was also ordered to serve 60 hours of community service and pay $820 in restitution.

Kubiak had recently lost his job with Black Gold Transport when he filed the complaint about the paving jobs in Grand Haven. During that time — late summer and early fall of 2015 — Kubiak claimed that Black Gold was not putting down proper amounts of asphalt on Grand Haven streets.

The city withheld payment to the company until satisfied the job was properly done. Schaendorf said it cost $20,000 out of his own pocket to do the testing to prove they did the work that they were paid to do in Grand Haven. Schaendorf also said the situation caused problems with other people trusting his company.

Schaendorf said his company has been in business since 1998 and has done a lot of work with major contractors.

“We want to stay in business,” he said for a story in 2015. “If you don’t do good business, they’re not going to call you back.”

Smith said that Kubiak was very remorseful.

Kubiak remains in the Ottawa County Jail pending sentencing on April 2.

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