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Michael D. Pitman reports about Butler County, Ohio, politics, county government, countywide issues and Butler County people just like you for Cox Ohio Publishing (including the Hamilton JournalNews, Middletown Journal and several weekly papers in Butler County). He wants your suggestions and questions for more news stories. Leave a comment for him here or e-mail Michael at Home > Blogs > Butler County News and Issues > Archives > 2009 > February > 16 > Entry
Why Kay Rogers isn’t in jail
The one question I get asked more than anything else: “Why isn’t Kay Rogers in jail?”
So I set out to answer this question in this story:
More than a year has passed since then-Butler County Auditor Kay Rogers pleaded guilty to bank fraud in federal court. She has yet to serve a moment in jail or a pay a cent in penalties.
But those clamoring for closure may have to wait a little longer, say legal experts. The FBI investigation that netted Rogers isn’t finished, and a sentencing date likely will not be set until Rogers has exhausted her usefulness.
“If there’s a continuing investigation, then you would want this individual to possibly give you leads or turn state’s evidence on others,” said Christo Lassiter, professor of criminal justice at the University of Cincinnati School of Law. “If you sentence her now and send her on her merry way to prison, she doesn’t have much incentive to turn on bigger fish.”
This is only a hypothesis. Neither Rogers nor the U.S. Attorney’s Office will say why the case is stalled, but FBI officials confirm the inquiry is ongoing.
The investigation started when Butler County Commissioner Charles Furmon asked the FBI to look into whether fiber optics firm Dynus Corp. took out a multimillion dollar loan in the county’s name without approval.
But it hasn’t stopped there: Records requested by the FBI include contracts for mold abatement and the financial information of Michael Fox, a former commissioner and current Children Services director.
No one except the federal government seems to know why its microscope is on Fox. Speculating who else may be in the bureau’s sites is a popular pastime in the halls of local government.
Rogers isn’t alone in limbo. Former Dynus President Jim Smith and former employee Karin Verbruggen pleaded guilty to bank fraud in May and also are awaiting sentencing.
Meanwhile, former Dynus founder and owner Orlando Carter is scheduled for trial in May after changing attorneys several times.
He is facing charges that include making false statements to secure more than $10 million in loans and lines of credit for personal real estate and the operation of his business.
I couldn’t write this story without giving Rogers a chance to comment. Her response, and that of Butler County Commissioner (and Rogers arch nemesis) Charles Furmon are in this story:
Butler County Commissioner Charles Furmon made the phone call that sparked an FBI investigation that led to the county auditor resigning after pleading guilty to bank fraud.
He said he is getting tired of waiting for justice to be served.
“It seems like a mockery of the justice system, quite frankly,” he said. “It’s been three-and-a-half years since I called the FBI, and I’m constantly getting questions from the public about when is she getting sentenced.”
Reached by phone last week, former Auditor Kay Rogers would not talk about the delay, but she did elaborate on why she pleaded guilty to conspiracy to commit bank fraud and mail fraud, and to filing a false income tax return.
“I decided I didn’t want to fight something because I don’t have a quarter of a million dollars,” she said. “That’s why I pled guilty.
“If I had been a millionaire … I would’ve fought it,” she said. “I didn’t have a quarter million dollars to fight the feds, and I knew they had bigger fish to fry.”
One thing, perhaps the only thing, Furmon and Rogers seem to agree on is wanting to know what happened to the roughly $6 million that Dynus Corp. allegedly took out in the county’s name without approval.
“It’s $6 million missing that I didn’t get anything for,” Rogers said. “I’d like to know who got it, too.”
But even without federal sentencing, Rogers said she has suffered. She said the media attention is making it nearly impossible to get a job. She is a single mother with several children.
“You’re making it to the point I’m never going to be able to get a job,” she said. “I’m never going to be able to take care of my kids.”
“Goodbye,” she said, hanging up the phone.
Permalink | Comments (24) | Post your comment | Categories: County Auditor
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By Robert
February 16, 2009 1:21 PM | Link to this
Kay: You are suffering because you are a criminal, not because the press is picking on you (which they aren’t, by the way).
By aw, poor kay
February 16, 2009 2:46 PM | Link to this
“you’re” not making it hard for Kay, SHE made it hard for Kay. she’s a criminal that refuses to take any responsibility. Wonder if she ever considers the fact that if she didn’t commit several felonies, SHE wouldn’t be having a hard time finding a job. I highly doubt it. she’s no different than the typical drug dealer, refusing to accept her role in her fate in life. rediculous!
By Steve
February 16, 2009 3:14 PM | Link to this
She plead guilty because she is guilty. Kay, you cannot find a job because you are a convicted fellon. Once a criminal, always a criminal. I applaud the news media coverage. Keep up the great work.
By Joe the Plumber
February 16, 2009 3:34 PM | Link to this
It’s bull that she is still out of jail. If people want to give her an incentive to keep squawking on the other criminals in this case, then sentence her a*s to prison and let her get a taste of it. The judge can always reduce the sentence. If anybody else did what she did (or if they were a democrat), they’d be in prison already. Special favors for republicans. That’s the Butler County way.
By Robert
February 16, 2009 3:42 PM | Link to this
Joe: Kay wasn’t tried in a Butler County court. She plead guilty to federal charges.
By Greg Smith
February 18, 2009 5:35 PM | Link to this
It is hard to believe that the Republican Party of one of Ohio’s largest Counties could of supported this piece of Trailer Trash for County Auditor. Her lack of tact is only surpassed by her stupidity and dishonesty.
By Don Carpenter
February 19, 2009 7:11 AM | Link to this
Greg, just to set the record straight, the Butler GOP did not support Kay Rogers in the 2006 election. The took the endorsement away and gave it to Roger Reynolds. Kay will have to face the music eventually. She has terrorized many people over the years. Karma has a way of evening things out.
By RaiulBaztepo
March 29, 2009 10:17 AM | Link to this
Hello! Very Interesting post! Thank you for such interesting resource! PS: Sorry for my bad english, I’v just started to learn this language ;) See you! Your, Raiul Baztepo
By Gary Hatton
July 14, 2009 8:21 AM | Link to this
Kay Rogers did make some bad choices, but she was set up, to some extent, by her enemies within the Republican party and the local Democrats. I know that most of the hateful comments we are seeing on this blog site are politically motivated!
By bad credit loans
December 29, 2009 3:15 PM | Link to this
Good Day!!! www.middletownjournal.com is one of the most outstanding innovative websites of its kind. I enjoy reading it every day. All the best.
By Show us justice!
January 10, 2010 3:08 PM | Link to this
For years the people of West Chester voted for Kay Rogers (what is her madine name) to do the best for the people! Then she betrayed the people of Butler County, and is still allowed to do what she wants. She says “Single mom and can’t find a job! First of all if she cared about her kids she would have thought about them before she did this. It’s a lie after lie for her! On Kay Rogers face book page she has “I am joing the awesome tax group at (name of company, I left out)…we are expanding to corporate tax work, bookkeeping and payroll services. We will also do business development consulting.” Sounds like she is working! And another job working with other people’s money again!The government needs to do something, its been to long time coming to show the people of West Chester justice. I see her just moving on with her life and getting away with all that she has done! She plead guilty because she is guilty. I think there is more to her than the people of West Chester know!
By billy jack
January 15, 2010 5:11 PM | Link to this
KR hangs out in the Hamilton Bars drinking and having a good time. See her all the time. Were is the justice?
By payday loans
January 20, 2010 5:20 PM | Link to this
The author of www.middletownjournal.com has written an excellent article. You have made your point and there is not much to argue about. It is like the following universal truth that you can not argue with: The first 90 percent of the file also takes ninety percent of the download time. Thanks for the info.
By Seth Warncke
March 4, 2010 2:09 PM | Link to this
Classic Butler County behavior, not caring for neighbors. Even if she were in prison, we would still be paying for her. Admittedly many people have a hard time findig jobs, but thinking proactive is the only answer ever.
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March 12, 2010 9:47 PM | Link to this
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May 5, 2010 12:33 PM | Link to this
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By michael
June 5, 2010 12:18 PM | Link to this
I often see Rogers in Hamilton bars enjoying her freedom. I don’t get it.
By StaitaTar
October 20, 2010 2:29 AM | Link to this
Not much useful information on the blog.And the blog is slow to develop, albeit interesting.
By very young gay teen boys
March 4, 2011 4:31 PM | Link to this
You can never step into the same river twice.
By Amy
April 30, 2011 1:48 PM | Link to this
Kay Rogers is trash. She did it all to herself. I don’t feel bad for her. She’s trash.
By Sean Rogers
June 20, 2011 4:28 PM | Link to this
Mommy- why do you always yell at us, scream and throw fit’s, your a horrific mother. Why do you always bash daddy, why are you always yelling and screaming at people?
By concerned
July 1, 2011 11:47 PM | Link to this
^^^^ do you realize you can get into trouble for trying to pose as someone you are not? grow up.
By concerned
July 1, 2011 11:47 PM | Link to this
^^^^ do you realize you can get into trouble for trying to pose as someone you are not? grow up.