Ribbon cut for bike path
2-car crash injures child
Kids reenact Thanksgiving
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 (9) | Post your comment | Categories: County Auditor
Comments
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!