Monday, November 2, 2009

Kelly G Rogers issues Cross Claim


In response to a lawsuit heard before the American Arbitration Association, the following information is pulled directly from the Cross-Claim issued by Kelly Rogers, Kelly G Rogers, Kelly Gordon Rogers. In case 71-198-Y-00111-07 and 71-198-Y-00112-7, the AAA eventually issued a judgment against Rogers in the amount of $712,623. See “Investor Group files complaint against discharge ability of $712,000 against Kelly Gordon Rogers; Claims Fraud”.

On February 29th, 2008 Rogers claims against Richard Weyand;

1. Indemnity Claim against the Weyand respondents,
2. Contribution Claim against all Weyand respondents
3. Conversion of Personal property claims against Richard Weyand
4. Fraudulent conversion of business interests against Richard Weyand
5. Libel and Slander against Richard Weyand.

The purpose of this story is to report on number 5; the things Kelly G Rogers claimed Weyand said that was libel and slander. It's interesting how time eventually exposes who's telling the truth.

Rogers begins: Since July, 2006 and continuing until as recently as February 15, 2008, Richard Weyand has repeatedly made material, false statements of fact, both written and oral, about Kelly Rogers to numerous third parties, which, at the time they were made, were know by Richard Weyand to be false. Richard Weyand has made the following false statements about Kelly Rogers since July 2006:

That Kelly G Rogers embezzled $2,000,000 from companies controlled by Weyand.
• That Kelly G Rogers was in jail.
• That Kelly G Rogers has been indicted.
• That Kelly G Rogers used embezzled money to remodel his house.
• That Kelly G Rogers has $1,000,000 of stolen money buried in his back yard.
• That Kelly G Rogers has $1,000,000 that he is trying to hide in an investment.
• That Kelly G Rogers is trying to hide $1,000,000 in a restaurant investment.
• That Kelly G Rogers is using $1,000,000 cash to build his house.
• That Kelly G Rogers embezzled money and was stealing from Christian Recile.
• That Kelly G Rogers embezzled $200,000 from Level Par Investments, LLC.
• That Kelly G Rogers habitually lied to investors.
• That Kelly G Rogers committed crimes against the State of Texas.

The above statements are all completely false and Richard Weyand knew that they were false when he made each statement. Upon information and belief, Richard Weyand made each of the above false statements to cause injury and damage to Kelly Rogers. One or more of the statements were made to good friends, neighbors, colleagues, associates, investors and/or acquaintances of Kelly G Rogers including; Jay Allison, Roland Burns, Kimball Norman, Todd Wagner, Fred Swell, Carrie Sewell Rogers, Neil Brown, John Miglautsch, Joel Moore, Tim Wijt, Robbie Gowdey, Roland Hughes and many others. AS a direct and proximate cause of Richard Weyand’s intentional communication of false and misleading statements of material facts to the above personas, and others, Kelly Rogers’s reputation has been severely damaged.

This Corss-Claim was issued on February 29th, 2008. As of November 2nd, 2009 a little bit of time has passed and now it sheds some interesting light on SEVEN of the ELEVEN charges;

That Kelly G Rogers was in jail. Kelly Gordon Rogers was in fact indicted on July 30th, 2009, mug shot taken, briefly jailed and now is out on bond. Rogers has requested a jury trial but was in fact in jail.
That Kelly G Rogers has been indicted: In fact, he was on indiced on July 30th, 2009.
That Kelly G Rogers used embezzled money to remodel his house: In fact, Rogers has been sued by several investor groups for fraud and embezzlement. Most state that money was used to remodel his home. Specifically; Bill Thompson, CR591, LLC et al v. Kelly Gordon Rogers, Rio Grande Coal Mine, Investor group asks judge to not discharge $712,000 claiming fraud.  In one claim, Falcon Energy, LLC-Buck Hamilton Series, investors claim that Rogers took $180,000 and applied it to remodel his home!
That Kelly G Rogers is using $1,000,000 cash to build his house: Rogers did borrow $1,232,000 from the Bank of Texas. Right amount but not cash.
That Kelly G Rogers embezzled money and was stealing from Christian Recile: Rogers has been named in several lawsuits against him for Fraud and Embezzlement.
That Kelly G Rogers embezzled $200,000 from Level Par Investments, LLC: This transaction was documented in Securities and Exchange Commission vs. Global Finance & Investments, Inc Case No; 4:07cv346. Item 55 on page 13 of the SECURITIES AND EXCHANGE COMMISSION, vs. GLOBAL FINANCE & INVESTMENTS, INC.
That Kelly G Rogers habitually lied to investors: I’ll let the investors make comments on that one. In fact, Rogers was informed about the SEC investigation into Level Par during the first week of July, 2006 yet the truth was not told to investors until August of 2006. Is that lying? Read the letter yourself.
That Kelly G Rogers committed crimes against the State of Texas according to the Indictment issued this summer: State of Texas vs. Kelly Rogers/ Case 380-81600-09. What do you think?

Finally, several names have been mentioned “as good friends, neighbors, colleagues, associates, investors and/or acquaintances” which Weyand “cause injury and damage to Kelly G Rogers”. Did anyone except Kelly Rogers cause injury and damage to his own name? In his own words....audio.

The best example is how Rogers has stiffed the very lawyers who wrote up this Cross Claim! He stiffed Scheef & Stone LLP who are listed as a creditor on the bankruptcy filing for $77,934.46. Additionally, Rogers stiffed Fish & Richardson PC for another $28,263.88.

That’s $106,198 dollars worth of damage and illistrates why we created this blog; to protect the public from these financial schemes.

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