A Sitka businessman indicted more than two years ago on charges that he stole electricity for his multiple properties has pleaded guilty and was ordered to pay restitution to the city utility of almost $150,000, plus interest.
Richard A. Forst, 59, pleaded guilty to a felony charge of theft of property or services and a misdemeanor of criminal mischief.
He pleaded guilty on Jan. 31. Superior Court Judge Jude Pate placed Forst on probation for two years. The judge also fined him $5,000 and ordered Forst to perform 80 hours of community work service.
The guilty plea came after negotiations between Forst and the state. Forst and his attorney, August Petropulos, of Juneau, participated in the court session, as did Sitka City Attorney Brian Hanson and state assistant district attorney Amy Fenske.
Fenske said Forst modified electric meters at three properties he owned in Sitka to enable him to take the electricity. The city discovered the theft and equipment damage in 2019, but it was believed to go back seven years before that, she said.
In his impact statement to the court Hanson had strong words about the offenses. The victims “are the 8,500 citizens who live, work, go to school and recreate in this community,” he said. “They are also electric ratepayers in this community,” he said. “Some are in poverty, many are low income. And these citizens plead to our assembly to keep the rates of electricity as low as possible. Mr. Forst, you stole from those citizens and you stole from them for years.”
Hanson said the theft was intentional and premeditated, by someone who has “considerable financial means” with properties and businesses.
“You are a thief,” Hanson said. “You are a businessman. Again, you are a man with considerable means — financial means — and the underlying intent was essentially your greed as a thief. And I say to you on behalf of citizens, shame on you.”
Fenske, who prosecuted the case, said it was an unusual crime because it involved an intentional crime over a period of time, committed by someone with no criminal history.
She said the state could have gone for a more severe penalty in this case, but “this is what I would categorize as a ‘COVID offer,’” referring to the backlog in court cases due to the pandemic. “It’s not in the category of cases that the state prioritizes right now.”
Petropulos said the parties reached a fair resolution to the case. He said his client had no prior convictions, and has been on conditions of release for the past two years.
Forst was given the opportunity to speak at the hearing, but did not.
Before approving the agreement Pate said the case was “disturbing” because it involved someone who is well known in the community, who has been involved in public service.
Hanson said if Forst fails to immediately pay the restitution, he will “initiate civil enforcement” to collect the debt.
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