On Friday, March 19th, the DA of Collin County finally announced a trial date for Kelly Gordon Rogers, set for July 19th, 2010. This announcement follows a multitude of delays, dating all the way back to October 29th, 2009.
One plausible reason for the delay was to give Mr. Rogers time to return the money. He either chose not to or he couldn’t come up with the money and now time has run out.
The pretrial conference is scheduled for July 14th, 2010. Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant's guilt or innocence. Under rule 17.1 of the Federal Rules of Criminal Procedure, pretrial conferences for criminal cases may be conducted to promote a fair and expeditious trial. In practice, federal and courts use the pretrial conference in criminal cases to decide such preliminary matters as what evidence will be excluded from trial and what witnesses will be allowed to testify.
At issue will be Mr. Rogers involvement concerning the "Misapplication of fiduciary property" amounting to $435,355. The indictment details the transfer of money from Lionheart Energy to his personal account, QBiz, Rio Grande Coal, Pool Environments, Superior Soils, GS Investors, TNT Office Supply and Cash.
As an interesting side note, TNT Office Supply was sued in December of 2005 and shut down by the SEC in connection with the Travis Correll Ponzie Scheme. Mr. Rogers was invited to participate in the Travis Correll scheme by Harry Robinson "Robbie" Gowdey, a friend. Rogers was the trustee of Gowdey's personal trust and not only participated in the Travis Correll scheme but also solicited others to participate. According to the SEC (Top of page 12). Rogers went on to create Level Par, for which he was sued by the SEC. He eventually signed an agreed final judgment and paid a $150,000 fine.
At this point; “Fair and Expeditious Trail” has a nice ring to it.