SUPREME COURT OF TEXAS CANCELS KELLY G ROGERS LAW LICENSE

On November 26th, 2014, the Supreme Court of Texas cancelled Kelly G Rogers of Frisco, Texas law license. This action is in response to Rogers' having resigned his license rather than going in front of the BOARD OF DISCIPLANARY APPEALS and getting smacked down for his bad behavior.

 
To review that behavior, Kelly G Rogers was sentenced to a 20-years in prison for stealing $1.3 million from investors in a fraudulent oil and gas schemes and hiding his track record of violating securities laws. Collin County prosecutors began their pursuit of Rogers in 2009, after he was indicted on a felony charge of misappropriation of fiduciary property, court records indicate. As that case developed, Rogers was hit with six more felony charges in mid-2012 including theft, money laundering and securities fraud in connection with the investment scam. Prosecutors estimated at the time that Rogers had stolen in excess of $2.8 million from his victims.

 

"Therefore, the law license of Kelly G. Rogers of Frisco, Texas, State Bar Card Number 17194020 is canceled". 

"Consequently, Kelly G. Rogers is prohibited from practicing law in the State of Texas. He is prohibited from holding himself out as an attorney at law, performing legal services for others, giving legal advice to others, accepting any fee directly or indirectly for legal services, appearing as counsel or in any representative capacity in any proceeding in any Texas court or before any Texas administrative body (whether state, county, municipal, or other), or holding himself out to others or using his name in any manner in conjunction with the words "Attorney at Law," "Counselor at Law," or "Lawyer."

 

"And the Court further concludes that acceptance of the resignation of Kelly G. Rogers is in the BEST interest of the PUBLIC and the profession".

 

Did you get that? He is prohibited from holding himself out as an attorney at law. No longer can he pose as a "Big Shot" Know-it-all Lawyer and raise money from unsuspecting investors. It's over. He's toast. No longer a pariah hunting unsuspecting citizens. BOOM.

 

JUSTICE IS SERVED. Now it's up to you to WRITE YOUR LETTERS to the Texas State Board of Pardons and Parole explaining why Kelly G Rogers should NOT get a Parole hearing after serving two years and should not be let out of jail.

HAPPY THANKSGIVING

Lawsuit filed to Disbar Attorney Kelly G Rogers

Convicted Oil, Gas Investment Fraudster Faces Disbarment by Kelly Knaub @ Law360

Law360, New York (September 04, 2014, 7:27 PM ET) -- The Texas Bar has filed suit to disbar an attorney serving a 20-year prison sentence for stealing $1.3 million from investors in fraudulent oil and gas schemes and hiding his track record of violating securities laws.

According to the Aug. 29 suit, the Commission for Lawyer Discipline says that Kelly Gordon Rogers should have his law license revoked pursuant to Rule 8.05 of the Texas Rules of Disciplinary Procedure. A Collin County jury sentenced him to the prison term and a $10,000 fine in May, days after it found him guilty of a single count of theft for selling to investors royalty interests in bogus oil and gas drilling projects.

Collin County prosecutors began their pursuit of Rogers in 2009, after he was indicted on a felony charge of misappropriation of fiduciary property, court records indicate. As that case developed, Rogers was hit with six more felony charges in mid-2012 including theft, money laundering and securities fraud in connection with the investment scam. Prosecutors estimated at the time that Rogers had stolen in excess of $2.8 million from his victims.

Prosecutors say that rather than investing his clients’ money, Rogers used the funds, including $950,000 belonging to Oklahoma City-based oil land leasing company Basin Management Group Inc., for personal expenses and to acquire interests in unrelated projects, such as a coal mine in West Virginia.

To keep investors in the dark, Rogers ran a Ponzi-like scheme, using new investor funds to pay off older investors who wanted to cash out, prosecutors claim.

Rogers never told his investors that he had been sued in February 2007 for alleged violations of federal and Texas state securities laws, fraud and breach of fiduciary duty in connection with his sales of investments in a Louisiana oil and gas venture, according to prosecutors.

He also failed to disclose that he was one of the defendants named in a July 2007 U.S. Securities and Exchange Commission suit against Global Finance & Investments Inc. over a $9.9 million Ponzi scheme that preyed upon over 100 investors nationwide, authorities say.

Rogers was one of the alleged facilitators of Global Finance company head Charles Davis, according to the SEC. The suit said he created similar investment offerings and passed funds on to Davis.

Shortly after the suit was filed, Rogers settled with the SEC by agreeing to disgorgement of $100,000 and a civil penalty of $50,000. He was also enjoined from future violations of federal securities law.

Mitchell R. Nolte, who represented Gordon in the Collin County case, told Law360 this week that he is not representing Rogers in this case.

Nolte said a plea bargain was struck about three weeks after the trial, with the state agreeing to drop the other six pending charges, five of which were first-degree felonies, in exchange for Rogers' dropping the appeal of the trial conviction.

Nolte said that it wasn’t easy to waive appeal because they felt they had some very valid points of error but that it was too good of a deal to pass up.

A spokeswoman for the Texas Bar declined to comment.

The State Bar of Texas is represented by Chief Disciplinary Counsel Linda A. Acevedo and Assistant Disciplinary Counsel Rebecca B. Stevens.

Counsel information for Rogers was not immediately available.

The case is In the Matter of Kelly G. Rogers, case number 54882, before the Board of Disciplinary Appeals, appointed by the Supreme Court of Texas.

--Additional reporting by Jeremy Heallen. Editing by Patricia K. Cole.

Write your letter against Kelly G Rogers (Inmate #01938357-Gurney Unit Prison)

Kelly G Rogers is now serving 20 years at the Joe F. Gurney Transfer Facility at 1385 FM 3328, Palestine, TX 75803. (903) 928-3118.

He arrived this morning at 7:24 am.

Rogers was issued a TDCJ  #01938357. He's not in the system yet but you can check his status at the TDCJ Offender Search site.

His first scheduled appearance in front of the parole board is on 8/30/2016. It's now in your hands. You can choose to sit idly by and do nothing or you can write a letter to the parole board and state your opposition and why. Send letters to:

The Texas Board of Pardons and Paroles

8610 Shoal Creek Blvd
Austin, TX 78757
TDCJ #01938357
Felony Conviction 380-81036-2012

This is totally anonymous and no one will EVER know what you said or who you are. In this world there are two kinds of people, those who act and those who talk.

I hope you act.   

 













Update--July 31 --Helpful Comment #1:

 

 Anonymous said...

 

"No there is not a live hearing. The Board starts to review the file 4 to 6 months prior to the eligibility date. There is not a live hearing, the only way to notify the Board or be heard is through the protest letters and hopefully if the State voices it's protest or opposition to his parole. Just keep sending the protest letters. They have an enormous impact."

 

Anonymous said...

 

"I received a confirmation letter from the Texas Department of Criminal Justice that they received my letter from about a week earlier, and that my letter will be available for review by the Texas Board of Pardons and Paroles. They also said to call the TDCJ Parole Division Status Line at 512-406-5402 if I had any questions".

_____________________________________________________

 
 

Kelly G Rogers--60 Days in slammer.

On this Independence weekend, I wanted to remind you that we're free and Kelly G Rogers is not.

To celebrate 60 days of incarceration , lets all reach out with a text of love and affection. Text Kelly at 214-837-0000 and remind him of your freedom. You can also send Carrie a text at 214-837-0001 as inquire about who's money she's spending this weekend.

Is that mean? That's not the appropriate question here. Is it mean to take all of someone's money, make big promises to make them rich, only to lose it all and keep most of the money to support your wife's thirst for riches? Oh and without as much as an "I'm sorry"?

Now that's cold blooded. Enjoy the weekend everybody and as soon as Rogers get's transferred to a State of Texas facility, is assigned a prisoner record, we'll let you know.

In the meantime, read the May 2014 write up at the Texas state Securities Board website.

NOW ITS UP TO YOU TO KEEP ROGERS IN JAIL!

Anonymous said... 

 

Just to add some additional information to the report and "shed additional light".

 

Rogers will be transported to TDCJ on a Thursday Morning in the not so distant future. He will be awakened at roughly 2:00 a.m., told to get his belongings, place them in rather chic non description plastic see through garbage liner. He will sit in a holding cell for about 6 hours awaiting the "jail chain" bus. It's actually not black, it is a bluebird special without AC and like an armored bus from "Mad Max beyond Thunderdome".

I think it will be at least thirty days from the conviction date, as his TDC Packet has been sent to the jail. I would request that a separate clock be installed to monitor his parole consideration date, which by my calculations, is 2 years, 4 months and 12 days from the date of sentencing.

 

THOSE WRONGED BY ROGERS WILL HAVE ANOTHER OPPORTUNITY TO EXPRESS THEIR CONCERNS AND REQUEST IN OPPOSITION TO HIS PAROLE.

 

That can be done by writing PROTEST letters to the Texas Board of Pardons Paroles, in Austin and state your opposition to Rogers being Paroled and why.  

 

The Texas Board of Pardons and Paroles

8610 Shoal Creek Blvd

Austin, TX 78757

(512) 406-5452

 

YOU CAN SAY ANYTHING YOU LIKE, IT IS ANONYMOUS, ROGERS WILL NEVER KNOW. YOU CAN'T BE SUED OR RETALIATED AGAINST FOR WHAT YOU SUBMIT. 

 

Parole in Texas is not easy, it is not guaranteed and there is no due process. The more letters that are written in protest will have a significant impact on the release or the non release of an offender. So, while we focus on Carrie, let's not forget that for once in this very disturbing, financially and emotionally devastating saga, we have more control than Rogers does of his next step, which is to generate, starting even now and up to the first consideration for Rogers parole, as many opposition letters describing in as much detail, the acts committed by this miscreant upon all of us.

 

Rogers will be transferred to Joe F. Gurney, in Palestine, upon arrival, Rogers fat head will be totally shaved, stripped naked, searched in his body cavities, verbally humiliated, and then spend his next weeks sitting in cages being tested, poked and diagnosed. His accommodations will not be to his liking, right now he is in a very safe, air conditioned environment, upon his arrival in TDCJ, he will be in a non air conditioned, confined environment during the hottest times of the summer. The temperature inside the dorms at Joe F. Gurney reaches in the 120's, showers are wide open, conveniently placed in front of a caged television, with the toilets lined up in a row.

 

While I admit, I AM DISAPPOINTED WITH THE LENTH OF THE SENTENCE TOO, as well as the dismissal of the remaining charges, we collectively now have THE MOST POWER AND INFLUENCE TO KEEP ROGERS IN PRISON FOR A LOT LONGER THAN HE THINKS HE WILL BE IN. 

 

The protest letters are taken SERIOUSLY by the Board and since TDCJ Offenders are not paid, TDCJ has no real incentive to parole offenders. The parole rate is usually only 33 percent and far much lower for first time consideration. The Board can also give a lengthy set off as well, meaning that based upon numerous opposition letters to Rogers parole, the Board can set off his next review or consideration for three to five years if they elect to. So let's combine efforts, use this blog to reach out to those wronged by this dirtbag and administer our justice and vigorously protest his release. I will post the various addresses to write the protest letters to, one to the Institutional Parole Office in Palestine and to The Board of Pardons and Paroles in Austin.

 

This isn't over by a long shot and now the next part is in our capable hands, to personally see to it that Rogers stays in TDCJ a very long time.

June 27, 2014 at 7:49 AM

Kelly Rogers Gets A Plea Bargain Deal

Anonymous said...

Before the official proceedings started, his lawyer Nolte was chatting with Dale Baron, the state prosecutor, and remarked, "there's our friend," motioning over in my direction. I just stared back at him until he looked away. Why would I want to be a friend of someone who defended a dirtbag like Rogers? I'm all for being entitled to effectively defended, but Rogers is now a CONVICTED FELON. Such hubris! If there was any question I considered myself a "friend" of Nolte (and there wasn't), he slammed the door on that thought. At least it was a dirt- bag representing a dirtbag, so they probably got along well. Anyway, I was the ONLY person who was watching, no friends or family for Rogers were present.

Rogers showed up in court in a standard drab olive green "onesies" type jumpsuit, with full "jewelry" of ankle chains, waist chain, handcuffs attached to the waist chain, and prison type plastic standard issue glasses. He also had a fresh buzz cut, less than 1/4 inch long.

The judged swore in Rogers, and asked him to raise his right hand, at least as far as he could, given his wrist was attached to the waist chain.

The deal is Rogers promised not to appeal his conviction in exchange for the other 6 charges being dropped.

Even though they went through the normal "do you really understand this deal" exchange, Dale asked him one question, along the lines of "Now you understand Mr. Rogers, if you find the penitentiary environment not to your liking, if you appeal we can reinstate the other 6 charges, right?" Rogers of course responded affirmatively.

The judge indicated he would be leaving for prison very soon, such as today or tomorrow, as the Sheriff likes to get rid of those sentenced to 10 years or more the quickest. I saw two large black with black windowed buses in the parking lot while I was there, so I assume that will be where he sits for his last trip for a very long time.

There was no "lecture" from the judge, a bit disappointing as well.

So, not a single extra day for this scumbag who caused much more damage than what came from the single charge he was convicted of, including damaged relationships, divorces, bankruptcies, and at least one suicide.

However, I can understand the state's position, as this is now a fully closed case, and they need to save some room prison space for Rogers' partners in crime, and it is after all OUR tax dollars that keep this creep locked up for the next 10-15 years or so.

Therefore, let's focus on Carrie and the others who helped Rogers with the above results, I'm sure Nolte is looking for some new clients, because he stuck the fork in Rogers - HE'S DONE!

 

June 26, 2014 at 10:52 AM  (Thank you court room reporter for the overview!)

Hearing Scheduled for Kelly Gordon Rogers. Plea Bargain imminent.

It looks like Kelly Gordon Rogers has waived is right an appeal and will accept a Plea Bargain on Thursday. The Collin County Website shows a hearing is scheduled for 9:00 am on Thursday.

Let's make sure our Dallas readers make a visit to the courtroom with cameras in hand.

We knew something was up last Thursday when six warrants were issued for his arrest and "W's" were attached to his jail record. The warrants were served to him in his prison cell (that gives  me "warm and fuzzies") and it raised a red flag as to what was going on. Here's an interesting comment from the website.

 

"Looks like a plea deal is in the works for the remainder of Kelly Rogers cases. A waiver of appeal was filed on June 20, 2014. There will be a hearing on June 26, 2014 which should require Rogers personal attendance and a chance to see our favorite felon, post conviction. By waiving his appeal he is negotiating or is agreeing to negotiate a deal on the other cases. Looks like Dale Barron has broken Rogers down. Might be worth a trip to the Courthouse to possibly see Rogers final court appearance for long time unless or until he pleas the remainder of the cases, which he will be required to be present for".

By the way, concerning Rogers' status as an attorney. Standard operating procedure is the court automatically sends these rulings to the State Bar of Texas. They take the necessary action to disbar Der-Slick-Meister. Then in December, of each year, the Texas Supreme Court finalizes the action and it's over.

 

Once that happens, AVVO will discontinue his rating and website. It's disgusting that a convicted Felon like Rogers has a higher AVVO rating than Dale Barron, the prosecutor.

 

Now let's get onto Carrie Rogers who's still enjoying the fine Country Club living, complete with spa time, shopping in her spare time, luxuries and other shenanigans. One question for the ACCOMPLICE....where did the money come from and who does it belong to?

To her, life has not changed one iota, other than her soon to be "Former Husband" is in jail. She's an accessory, an involved participant and needs to go to jail too.

New Email Notification Service

Now that Rogers has gotten what he deserves, we're all trying to return to a somewhat "normal" life. Obviously, we won't be posting as much content as in the past.

 

You could say I'm moving into "Semi-Retirement". 

 

As a debt of gratitude, I want to thank Dale Barron for the wonderful job he did in prosecuting our favorite scoundrel. There's so much we didn't know, private information we simply didn't have the access to review.

 

We tried to do our best over these many years. Yea, we got some of it wrong but we got a lot of it right. And at the end of the day, we knew as long as Mr. Barron had the facts, Rogers wasn't going to sleaze his way out of this predicament. (BTW: Rogers moved to a new cell).

 

 

And to all the readers who posted tons of comments, sent insightful information (anonymously) to our confidential and private email, thank you. You can't imagine the impact we've had collectively in exposing this guy and his money grubbing wife. 

 

Of the 78,508 page-views since 2009, May 2014 had 16,522 page-views alone. Wow, that's 21% of total views in one month. Just goes to show, everyone was hungry for justice to be served by a jury and prove this couple was no-good.

And the day-to-day account of the trial received 3,194 views alone. The previous best-in-class story was "Rogers Files Bankruptcy" with 533 views.

 

So today we celebrate "Day 18" of Kelly G Rogers 20 year sentence by introducing a new feature on the blog. It's a email notification. This way, you can keep up with the week-to-week activities of Mr. Scam-o-Rama without needing to check the website each day.

 

 

You absolutely know many new and exciting stories will develop as time passes.

For example, will Carrie divorce Kelly in search of a fresh source of money? Will Rogers plea bargain the remainder of his charges or will Carrie be indicted? When Rogers finally gets transferred to a State facility, will he finally room with his new best friend "Bubba"?

 

All these issues are important. Each time we discover a fresh stories, you'll receive an email notification that a new story has posted.

 

In the meantime, you can still email your confidential stories to burnedbyrogers@gmail.com.

Kelly Gordon Rogers Gets 20 Years

***TUESDAY, JUNE 4, 2014 UPDATE***

 

The best story I've read on the case comes from LAW360:

 

"Mitchell R. Nolte of Gibbs Nolte Robison Rose PLLC, who represents Rogers, said Friday that his client intends to appeal the conviction, but noted that Rogers is in negotiations with state prosecutors to resolve six additional criminal charges related to the alleged scam.

“[W]e will examine our options in the next few weeks and try to make the best choice for Mr. Rogers and his family,” Nolte said. “Mr. Rogers would only like to express his disappointment in the verdict and sentence while also conveying his regrets to all harmed by his actions.”

Rogers, who is currently sitting in the Collin County Jail, is still listed with the state as eligible to practice law, but probably not for long. Texas State Bar spokeswoman Claire Mock said that compulsory discipline proceedings typically are initiated against lawyers convicted of felony charges immediately after they are sentenced".

 

Payback's a bitch, right Kelly Old boy?

 

***FRIDAY, MAY 30, 2014 UPDATE***

 

BREAKING NEWS! Good News, Good News, Good News all you Rogers victims.

 

Looks as if former Attorney Kelly G Rogers' troubles aren't over. It would appear the recent trial was for just one count; THEFT OF STOLEN PROPERTY, for the corporate entity FALCON ENERGY. If you're looking on the Collin County site, usually when charges are consolidated into one trial, the details for the trial are listed under all the SEVEN charges. However, that's not the case here. For example, look at the charge for "Money Laundering", the docket entries stop at the pretrial.

If they had consolidated all the charges, then the docket entries would show all the details of the trial;

While it will all be clarified on the Collin County site next week, STANDARD OPERATING PROCEEDURE tells us conclusively that the lack of entries under the other charges indicates the 20 years sentence is only for ONE FELONY CHARGE.

The other question being asked tonight, Is CARRIE ROGERS next? If Der Slick Meister was found guilty of stealing money from investors, then wouldn't Carrie's accepting of $30,000 of dirty money from Kelly make her an accessory to a crime? And wasn't Carrie caught lying under oath (Several times) during the Bradley Dean case? And isn't Carrie now fair game for prosecution since her being excluded from prosecution was part of the plea bargain that Kelly rejected? 

Oh my friends, it's just getting started!   

• Austin Legal News
• Better Business Bureau for Central Texas 
• Courthouse News
• Dallas News
• Forney.com
• Law 360
• Oklahoma Energy Today
• Texas Energy Report
• The Southeaster Texas Record

Helpful Comment #1

"Yes, you are correct. Rogers appears to be heading towards trying each of these cases one by one, which will then create a "stacking" or consecutive sentence. For example, if he received 20 on all 7 cases his sentence would 140 years. Typically in the prior cases, the defendants in the securities cases plead the remaining counts to run concurrent. I thought that he would be doing that, since neither he nor Carrie testified at the trial or sentencing. So this will be a long drawn out process for Rogers if he continues to push Prosecutor Barron. One would think that a below average lawyer like Rogers would be a little smarter than to pull this, since he can't even finish a bankruptcy case and file the appropriate documents. Maybe it's Carrie's strategy, who knows? For those of you that want to believe that Rogers soul is in any way salvageable, it's not! He is an arrogant, indignant sociopath that is going to get hammered over and over if he continues this failed endeavor. Grab some popcorn and a comfortable chair, going to be a long painful process for our resident at 4300 Community Avenue, McKinney, Texas 75071.

***WEDNESDAY, MAY 28TH UPDATE- 20 YEARS!

 

Jury Trial continues: Punishment/State's case in chief; 05/28/2014. Jury Trial continues: Defense witness taken out of order; State rests on punishment; Defense case in chief; Defense rests (Defendant does not testify). Both close (no rebuttal evidence) . Charge conference. Jury charged; final argument; jury deliberations begin. Verdict: 20 years TDCJI AND a fine of $10,000. Defendant admonished as to appeal rights; Sentence imposed; credit back time.

 

Helpful Comment #1

 

"So Carrie didn't testify? I guess this whole matter was just too much for her and she was rather annoyed by the inconvenience of all this. So Boy Kelly gets a 20 year sentence on one of the cases; Six more to go which will be consecutive or "stacked" if Kelly decides to try each of them one by one. 20 years in the Texas Department of Corrections is a rather severe sentence, given Rogers age and the fact that those of that are victims of his will annually remind the parole board, that he should not be paroled prior to his sentence expiration. There is a lot left to this story if Rogers doesn't plead out and from the sounds of what transpired in Court (Rogers not testifying and not testifying at the punishment and sentencing phase) our former Amway Diamond, Attorney extraordinaire and father of the year is going to be taking the hard road and taking his chances on very lengthy consecutive sentences. A 20 year sentence, Kelly never thought it would happen. A long time to ponder what he has done..."

 

Helpful Comment #2

 

"Perhaps Rogers likes Judge Rusch as much as I do - I find the judge to be very entertaining, at least when the jury is not in the courtroom. At least being in court would get him out of his jail cell so he can recover from the soreness on his backside. I doubt Barron would accept a 20 year concurrent sentence for the other charges, he recommended a minimum of 60 years to the jury, and it appears there are going to be 17 total charges, not 7".

***TUESDAY, MAY 27TH UPDATE-SENTENCING DAY***

This portion, the punishment phase, seems to resemble the trial. In fact, this might take all week where the prosecution will have witnesses testify as to the low down, dirty, rotten tricks exhibited by Der Slick Meister. Therefore, the jury will hear all the information before deciding the punishment. Jury Trial continues: Punishment phase begins; witnesses sworn/instructed on the rule; State's case in chief (Dale Barron) begins. Recess until 8:45 am on 5/28/14.

Helpful Comment #1 Anonymous said

"I don't know the reason for the delay, but the judge said to come back at about 10:30 this morning. In the meantime, the judge made an offhand comment the sentencing phase will take the remainder of the week. In the interim, he was talking with other people in his chambers and doing a few quick hearings in the courtroom. This wrapped up a bit after 10:00, and there were 2 of us sitting in the courtroom. 

When we did start, there were no opening comments, the state swore in about 6 witnesses, 5 men and a woman, all appeared to be in their 60s to 70s. One at a time they told their story about how Rogers got them involved, and then they were shown the previous SEC lawsuits where Rogers was fined by the SEC for $150,000+. They got back a small fraction of what they invested, and even those gains were eaten up when they took the Falcon company back from Rogers, and had to pay the lawyers and other fees. When asked if they would have invested with Rogers if they had known about these lawsuits, they said no or probably not. Interesting, 2 offered unsolicited irregularities, one of them said it was "bizarre" how Rogers hand delivered him a check and didn't give one to his next door neighbor, also an investor. Another made a comment how it was "just a check," with no summary of how much the others received for their part of the investment, as he was expecting to see." 

One of them said his son did some research (assuming this was online research) and found the SEC lawsuit. When he asked for an explanation, Rogers indicated that "everything was taken care of" via the coordinator of the investors. One of them also said how "professional" the presentation that Rogers gave was, and how all of his references said what a "great guy he was."

Carrie, the kids, and I believe the people that looked like one set of grandparents were in court as well. Rogers was dressed up in a suit, and there were 3 sheriff's deputies in the courtroom as opposed to the 1 that was there during the trial". 

***SUNDAY, MAY 25TH UPDATE***

A day of rest. Food for thought: Matthew 6:33-34. But seek first the kingdom of God and His righteousness, and all these things shall be added to you. Therefore, do not worry about tomorrow, for tomorrow will worry about its own things. Sufficient for the day is its own trouble.

***SATURDAY, MAY 24TH UPDATE***

Kelly Gordon Rogers in Jail. Rogers was processed and spent the night in jail. His new mugshot is a permanent feature of this blog (look on the right). Thanks to our highly educated readers, we now know he was convicted on case 380-81036-2012 "Theft of Stolen Property" and will face his penalty on Tuesday, May 27th at 9:00 am. We also know the other charges will sorted out either by way of a plea bargain, OR the State will go to trial on each individual charge. That's up to Rogers on Tuesday. Either way, he's going away for a long time. Several victims will make appearances in court to speak to the bad character of Kelly Rogers before sentencing. Please, someone MUST be in that courtroom to take notes for the readers. Again, thanks to a reader;

"Our favorite local miscreant and recently convicted lawyer, Kelly Gordon Rogers, is now residing in pod 3A, Cell 32, Bunk 1. This is the classification pod, so Rogers will get up at roughly 3 am on Tuesday morning, the 27th of May, 2014 and begin his long arduous process to court, for what is believed to be the beginning of his mammoth sentence. Rogers will sit for hours in a holding cell, shackled at the ankles, with a fashionable belly chain and handcuffs, awaiting his transport to Court. Will Carrie be rushing down to the jail to bring Rogers a change of clothes for his sentencing? After Rogers receives his much deserved sentence, he will then again wait hours for the "jail chain" van to bring the inmates back to the jail. I'm sure from the looks of his current mugshot, the smirk, the arrogance and defiance is evaporating. Rogers gets to be in a tiny cell with another inmate while he awaits the outcome of his 6 other cases, or his transport to TDCJ. The rest of his life is in front of him, maybe now he wonders, if all the lies, scamming, cheating, stealing and manipulation was worth this?"

Helpful Comment #1: (May 24, 2014 at 12:33 pm)

"Just an update on Kelly Rogers current accommodations. Since the jury came back in light speed with a conviction and it being a holiday weekend, Rogers spent the night in a plastic chair in the 'book in'. He will stay in the 'book in' according to the sheriff's department, at least until this evening. If he had been convicted on a regular business day, he would have spent the night in jail and then immediately brought to Court the next morning. However, since the jury had enough time to file out and go into the deliberation room, pull their chairs out, vote GUILTY, push their chairs back in, file back into the courtroom and render their verdict early Friday, Rogers gets to stay in 'book in for an inordinate amount of time. How fitting. I also noticed in the jail records, Rogers still lists the house at 18 Stonebriar Way as his residence. I'm sure this will be made very clear to the jury by the State amongst the plethora of other matters that the State will present in the punishment phase. The utter audacity of both Kelly and Carrie Rogers to continue the facade on other people's hard earned money is utterly astounding to me. I also noticed on Rogers visitation list he put Fred Sewell. Is Fred that delusional? Carrie will blame it on everyone else and the "plot" to destroy her family, when in reality she was just as culpable and complicit as Kelly Rogers in these fraudulent transactions".

 Helpful Comment #2:  (May 24, 2014 at 10:27 am)

"Just to add some clarification on the case information. Rogers was convicted of one of the indictments. What will more than likely happen is that when Rogers is given a significant sentence then the State will either offer to plea the others and run the sentences concurrently. If Rogers elects to be indignant and try the other six cases, then the State would try them and "stack" them or run them consecutively. If Rogers received a sentence of 10 years, (highly, highly unlikely) then he could post appeal bonds on the sentence. However that is not likely to happen since the State would have six more chances for a large sentence and also the extraneous offenses. So on Tuesday when Rogers receives an enormous sentence of over 50 years or more (as I suspect) then he will either plea the other 6 out or remain indignant and force the State to try the others. Either way, Rogers is cooked and maybe reality finally set in that it is OVER!!"

Helpful Comment #3 (May 24th at 11:30 am)

"If you look at the past convictions of The State Securities Board prosecuting through the Collin County District Attorney's Office, those who went to trial ( Karen Bowie, William Seelye and others) all were given 80 years to life on the first conviction, first charge. This charge carries 5 to 99 and when the State really let's loose in the punishment phase and adds the extraneous charges, Rogers will get a minimum of 50, guaranteed. Add the fact (unlike the other crooks) he at the time was a lawyer and Rogers' sentence will surpass the others. And if he pushes it, Rogers will come out with more than likely hundreds of years in consecutive sentences. If Rogers thinks in his warped mind that he will fair better on appeal, that will never happen. The 5th District in Dallas doesn't overturn convictions. What is a guarantee is that somewhere down the road, Rogers will blame this on his current attorney's and argue ineffective assistance of counsel, which will not work either. Rogers doesn't have a play anymore, this part is over,. Justice was served in the penal system, the investors, friends and others he financially raped will still never be made whole. At least Rogers' is in the process of getting what he deserved. You know what they say about KARMA!"

***FRIDAY, MAY 23RD UPDATE***

GUILTY AS CHARGED! Jury Trial continues; Charged conference; jury charge read; Final Arguments; Verdict: GUILTY AS CHARGED. (THEFT OVER $200,000>). D'S BOND DISCHARGED; Defendant ORDERED into custody; Case recessed to 05/27/14 2 9:00 a.m.

One account: "I walked into court this morning, shortly after 9:00 a.m. Nothing was happening yet, and there were a lot of extra people in the courtroom for other cases. Standing right in front of me is Kelly and Carrie, and as I sit down, he says, "There's Mr. Anonymous." I finished sitting down and then stared straight at them, and they walked away.

Eventually, the judge showed up around 9:30, and told everyone who wasn't connected to Rogers' case that they can leave and enjoy the wonderful sausage biscuits in the downstairs restaurant, that the court would be busy until at least 10:30 and probably a couple of hours more.

With that, about 2/3 of the audience left, and I saw Rogers' wife with 2 teenagers, they looked like their daughter and son. Also sitting next to them was an older couple, probably one set of the grandparents.

The judge was held up because his word processor was acting up when finishing up the jury instructions - he said when he changed one letter, it repeated entire paragraphs, so it took at least 4 drafts to get it right. He then negotiated that each side got 30 minutes of closing comments, and the state took the first 15 minutes, the defense had the next 30, and the state wrapped up the last 15 minutes. He also mentioned it was the first day this week the air conditioning was working, and it was the first day the PowerPoint illustrations on a flat screened worked correctly. It was a good review of the week's activities, without all of the details and witness testimony.

Basically, the defense made the argument that Rogers didn't make the oil deals because he didn't find any good deals, but the state countered that he took large chunks of money into his own accounts the same day he collected it from his "investors," and used it for remodeling his house, spare cash, etc.

Now it's in the jury's hands".

JURY OUT. DELIBERATING. STAY TUNE.

Later.......

"I returned about 4:00 pm, wanted to get there about 3:30, but heavy traffic construction slowed me down. I went into the courtroom, and it was empty. I waited around until about 4:30 and decided to peak in before I left. The bailiff was there this time, and I asked him if the jury was still deliberating. He said no. I asked what they decided and he said "guilty."

Although I wished I had been there for the decision, I would have much rather missed a guilty decision than been on time for a not guilty decision. One less dirt bag on the streets. I'll try to make next Tuesday's hearing".

***THURSDAY, MAY 22ND UPDATE***

Jury Trial continues. State's concludes its case and State rests. Defense submits motion directed Verdict. Denied. Defense case is presented by Mitchell R Nolte. Defense rests (Don't blink or you missed it). Defendant Kelly G Rogers does not testify. Jury recessed. Charged conference. (With both the State and Defendant having presented it's case, this should go to the jury tomorrow. I can't imagine this jury wanting to come back AFTER Memorial day so this could be a very quick verdict. This "Charged Conference" could be a discussion over the last change for the Defendant to accept a plea bargain).

***WEDNESDAY, MAY 21ST UPDATE***

Jury Trial continues as the State and Dale Barron presents it's case. Proceedings will go all day. End of Day 2. Recessed to 05/22/14 at 8:30 am.

  

***TUESDAY, MAY 20TH UPDATE***

Jury Trial begins. The State presents it's indictments and Kelly G Rogers enters a pleas of NOT GUILTY. LOL! State prosecutors make their opening statements, followed by the defense. A Hearing on the admissibility of the video deposition of William James Weaver Jr. A ruling is issued, although we do not know the outcome of that ruling. A juror is excused (must have read the Kelly G Rogers Report) The State begins to present it's case. End of day 1. Recessed to 05/21/14 at 8:30 am.

***MONDAY, MAY 19TH UPDATE***

Jury Selection all day.  Went to the courthouse a little past 4:30 today. There were about 50 people standing in the hall next to the courtroom, nobody inside. The 50 people were probably the jury pool waiting for the judge to decide which questions are okay, and which ones aren't, he was probably talking to both sides of lawyers in his chambers.

Jury Trial scheduled for May 20th at 8:30 am. Parties present and ready.  Defendant arraigned; plea of NOT GUILTY entered.  Jury selected, sworn in and instructed. Recess to 05/20/14 @ 8:30 am.

***FRIDAY, MAY 16th UPDATE***

The pretrial hearing was a riot, here’s a summary of the morning:

1.      I show up about 8:45 for the 9:00 scheduled hearing, nobody from the defense is there.

2.      At about 8:55, I go into the courtroom, Rogers shows up. For several minutes, it’s only me, him, and the judge’s court reporter in the courtroom.  The prosecution was meeting in a back/side room.  The Sheriff deputy/bailiff asks me what case I’m there for; I tell him I am an observer.

3.      One of Rogers’ two lawyers is late, he finally shows up at 9:45.

4.   The judge asks the other Rogers’ lawyer if he can cover the issues to be discussed, and he declines, saying he wants the other guy to present the issues he was working on, and also wants the other guy present when he presents his own issues.  They talk about the proposed jury questionnaire briefly, it was clear the judge thinks questionnaires are a waste of time.  At about 9:30, the judge leaves to go to his chambers.

5.      While the judge is gone, one of Rogers’ lawyers goes up to the judge’s desk to check that he has a particular, late-breaking document in his file (and found that it was there), and somebody mentioned if he would like to be a judge, but he says he couldn’t be a judge, he has too many skeletons in his closet.  Also, the sheriff deputy/bailiff makes a comment to somebody that he can’t wait to be reassigned, I assume to a more interesting position, such as on the street, instead of a courtroom circus act.

6.   Judge finally shows up at 10:30, apparently he was seeing a couple of other lawyers in his chambers.  Make me wait for you, and you can wait for me!

7.      Rogers’ lawyers try for a continuance (delay to start the trial), as apparently the state filed another charge just two days previously, and the defense claimed they need more time to address it.  The judge asks the state what the total count of offenses is, the judge thought it was at least 8-9, and perhaps around a dozen, and the state lawyer didn’t know, and starts looking through his files.  One of Rogers’ lawyers says the new charge brings the count to 17.  The judge says, “Aren’t 13-14 charges enough?” I am sitting a bit to the judge’s right side, behind and to the left of the 2 sets of lawyers and Rogers, the lawyers are in the center of the room looking towards the corner where the judge is located.  The judge looks straight at me for my reaction, I smile broadly.  The judge obviously is cracking a joke like a comedian, waiting for the “crowd” reaction, except we are in a setting where it’s not good form to laugh out loud, but I was laughing inside. This happened 2-3 more times during the hearing, I felt like I was in a very small audience for a stand up comic.  The state attorney stated all of the new charges were discovered during various depositions and other fact-finding activities. The judge denies the continuance.

8.      The judge asked the state lawyer how long he thought the trial would last, and he stated he thinks it should be over by the end of next week, before the Memorial Day holiday.  The judge was dubious, and asked the defense for their estimate.  The defense thought they would need about a day for the 4-5 witnesses they had, and the judge said it would probably take at least another day for cross examination, and everybody agreed.  The judge said, “Nothing in the history of this lawsuit has been quick.”  They eventually agreed the trial would take 2-3 weeks.

9.      State asked about whether they would go for a “significant” time at sentencing. The judge said “significant” means 50+ years to him, and the state lawyer said they are on the same page.  The defense said they would go for probation/community service if convicted, as it would be Rogers’ first felony. These lawyers definitely have some huge gazambas.  I got the feeling Rogers’ lawyers won’t put up much of a defense against him being guilty, but the fact that Rogers is a “first timer” felony offender.

10.   There was some discussion about Brady and his progeny (I didn’t know what they were talking about, and looked it up when I got back, it refers to a Supreme Court case where the prosecution didn’t turn over evidence favorable to the defendant, which was found to be illegal). The state lawyer said that shouldn’t be an issue, then one of Rogers’ lawyers agreed, saying they have provided “a truckload” of documents.  When the judge asked if he meant that literally, he said, yes, if the documents had been paper, they would have filled up a truck.  But most of them were electronic, and wouldn’t fit on a DVD when he wanted to share them with the other lawyer, and he had to buy a new, larger thumb-drive to give him a copy of everything. I’m sure Rogers squirmed in his chair when hearing this, as this could not, in any way, be considered favorable to his position of innocence.

11.   The proposed questionnaire came up, and was opposed by the state lawyer. The judge mocked a few of the questions, such as dealing with which TV programs the prospective jurors watch, and then rejected using a questionnaire.  Apparently a higher Texas court has also discouraged using questionnaires, so the judge appears to be on firm ground on this issue.

12.   The defense was concerned about having enough of a jury pool when the jury selection starts next Monday, May 19, 2014, based on the upcoming Memorial Day holiday, the media coverage, Rogers’ local “political and social” status, making him more well-known than other scammers, and the Kelly Rogers blog! The judge agreed to have a few extra jurors in the pool to compensate for people who may have vacation/travel plans, but didn’t care about the other issues, as he covers them in his jury instructions. The judge decided to go with 60 prospective jurors, instead of the normal 52-54 pool size, and include two alternate jurors.  The judge said maybe they will get lucky with a bunch of school teachers who aren’t going anywhere (and I assumed would LOVE to get a chance to get out of teaching for a couple of weeks. 



***May 16 ORIGINAL STORY***

In a show of massive arrogance, Attorney Kelly G Rogers asked for some goodies at the Pre-Trial hearing today.

First, they filed a motion for a Continuance. Like they haven't had enough time to prepare since his July 2009 indictment?

And how about the Defendant's application for supervision and probation? That's right, probation!

In Kelly Rogers' mind, you getting screwed out of your investment should only result in a simple slap on the wrist and court supervision, like nothing ever happened! Just like his agreed settlement with the SEC, right?

He really must think he's going to beat this or get sympathy from the jury and get a lesser sentence than what the prosecutors are asking. Only time will tell. If your a former investor, I'd be interested to hear your thoughts?

Kelly G Rogers Served With Papers in Courtroom

During the trial on Tuesday, May 20th, Attorney Kelly G Rogers was "Served" in the courtroom.

Apparently, someone is filing a new lawsuit against him and knew exactly what courtroom he could be found.

We need to find out if this was a new civil or criminal lawsuit or just fan mail from an admirer.

Can anyone help us with this? Thanks to all.

If you're attending the Pretrial or Trial of Attorney Kelly Rogers.....

If you plan to attend either the pretrial (May 15th at 9:00am) or the trial (May 19th at 9:00 am), take meticulous notes and photos and email them to burnedbyrogers@gmail.com.

In turn, they will be published on a daily basis so we can all participate in the fun of seeing justice being serviced.

By the way, the State filed a "Notice of Additional Extraneous Offenses" on May 13th. Does anyone have a pacer account who can download these 2 pages and email them to the above address?

A Kelly G Rogers Joint Venture Agreement

Here's something you don't see everyday! And I think you'll find this really interesting.  

 

It'll give you some insights into the mind of Kelly G Rogers. 

 

It's called Jump Labs and this is a Joint Venture Agreement dated Friday, March 27, 2009. It's a proposal given to someone in Texas and it appears Kelly Rogers was acting on behalf of the Rogers Family LP. 

Read the first page and try and make heads or tails of the terms and conditions. Is this clear to you as you read it? 

First, for every $50,000 in cash you'd give him, he'll "allow you" to make $250,000 in commission by selling the product. Assign you commission rights of 4% in exchange for your cash.

 

Second, he'll give you an accounting of the total commission he received each month. This coming from a guy who forgets to submit paperwork in his own bankruptcy filing?

 

Third, he'll pay you within 15 days of his receipt of commissions. Oh yea? Just ask the guy from Series C LP (Michael Black) about how awesome Rogers is at paying on time. LOL.

 

And it goes on and on and on. Take the time to read this. It was actually given to someone to consider. They turned it down and thank God they did or they'd be on the subpoena list for May 19th.

 

Jump Labs JV Agreement.

Texas State Securities Board: 2014 Enforcement Actions

The Texas State Securities Board, enforcement division and Dale Barron have been busy in 2014. Apparently cheating is not just a Kelly G Rogers thing. Look forward to seeing Rogers' name in the June edition.

MAY 2014

Stephen Patrick Jones pleaded guilty May 1 in U.S. District Court in Houston to conspiracy to commit wire fraud. Jones’ sentencing date has not been set. Jones was president of Intermodal Wealth Inc., a company that stole at least $5.5 million from investors. Jones and fellow Intermodal Wealth executive John Patrick Acord operated a scheme in which they promised investors profits from the leasing of intermodal shipping containers. Acord, who has used the name “John Delano,” is a fugitive.

APRIL 2014

A Bell County grand jury indicted Andrew Joseph Longoria April 16 on charges of securities fraud, theft, and money laundering for the alleged sale of investments in notes, mutual funds, and real estate projects through a company called LRS Investments.

MARCH 2014

Garry B. Smith of Garland was indicted by a Collin County grand jury March 25 on charges of theft, securities fraud, and money laundering for the alleged sale of fraudulent investments contracts in oil and gas drilling projects. A co-defendant, Robert James Nelson of Prosper, was indicted on the same charges. Smith and Nelson allegedly sold units of interest in a six-well venture in Archer County. The men failed to disclose that they used investor funds to pay for expenses unrelated to drilling and other costs. The indictment also alleges that Smith did not disclose to investors his history of regulatory sanctions, judgments, and orders of restitution from civil court lawsuits.

 

Derek A. Nelson of Edmond, Oklahoma, who allegedly stole $12 million from U.S. investors in a real estate investment program, was indicted March 25 in Collin County State District Court on charges of securities fraud, theft, and money laundering. According to the indictment, Nelson sold and offered for sale shares in a real estate-based program called CMHC Investment Program, but failed to disclose that CMHC was not earning sufficient profits from the buying, rehabilitating, renting, and sale of properties to make payments to investors.

FEBRUARY 2014

Russell Erxleben of Dripping Springs was sentenced to seven and one-half years in prison on Feb. 24 in U.S. District Court in Austin. Erxleben pleaded guilty Dec. 18, 2013, to wire fraud and money laundering charges. According to a federal indictment, he raised more than $2 million from investors selling investments in German Government Gold Bearer Bonds from the 1920s and interests in an investment pool that would be used to acquire a painting by Paul Gauguin. In 1999, Erxleben was convicted of a $35 million foreign currency trading fraud and served five years in federal prison.

 

Leland Alan Dykes of Houston was sentenced to 15 years in state prison Feb. 24 for the fraudulent sale of nearly $1 million in “secured debt obligations.” Dykes, a former registered securities agent, pleaded guilty last year in Harris County State District Court to one count of misapplication of fiduciary property. Dykes falsely claimed the notes he sold were secure because they were backed by international insurers.

 

The indictment of Steven Patrick Jones and John Patrick Acord, executives at Intermodal Wealth Inc., was unsealed Feb. 27 in U.S. District Court in Houston. Jones and Acord (who also used the name “John Delano”) were charged with multiple counts of wire and mail fraud and one count of securities fraud. The indictment alleges the two men collected at least $5.5 million from investors in a fraudulent scheme involving investments in intermodal shipping containers.

JANUARY 2014

David Kevin Lewis, the chairman of Richardson-based oil and gas company Always Consulting Inc. (ACI), was sentenced to 30 years in federal prison on Jan. 24 and ordered to pay $2.5 million in restitution. A U.S. District Court jury in Dallas in September 2013 convicted Lewis on one count of conspiracy to commit securities fraud and 23 counts of securities fraud. Lewis had a history of regulatory sanctions and in 2000 was convicted of federal fraud charges in a case involving oil and gas offerings. Lewis did not disclose those facts or that ACI did not have the funds for drilling.

 

Eddie Lacy Stivers III was sentenced to 85 years in state prison on Jan. 31 for engaging in the fraudulent sale of stock and promissory notes, with some sales to investors coming after Stivers was indicted by a Hood County grand jury on charges of first-degree securities fraud, first-degree theft, and second-degree securities fraud. Stivers sold investment contracts through a company called Life Style Protectors and Advisors LLC. The contracts supposedly would have given investors shares in two other companies. Stivers did not disclose his indictment to investors, according to an Affidavit for Evidentiary Search Warrant issued in Tarrant County.

 

William Paul Hudson of Plano was convicted of theft and sentenced to 10 years in state prison on Jan. 31 in Collin County State District Court. Hudson also received a sentence of 10 years, probated, on charges of securities fraud and money laundering and was ordered to pay restitution. Hudson stole approximately $600,000 from at least 50 investors in multiple oil and gas projects in Jackson, Gonzales, and Jim Wells counties. Hudson directed only a small fraction of investor funds to oil and gas programs, instead spending the majority of the money on personal expenses.

Prosecutors Subpoena Kenneth Goggans and SEC Ronda Blair

Prosecutors are getting busy with only 9 days left before the Kelly G Rogers trial. On May 8th,  they issued additional subpoena to Kenneth Goggans and Ronda Blair. 

We found a Kenneth Goggans, CEO of Richland Resources Corp. If this is the right Kenneth Goggans, his bio is impressive. I'm curious whether Rogers worked deals with Mr. Goggans or solicited him to invest in one of his investment Ponzi Schemes?  

Ronda Blair is an investigative attorney for the U.S. Securities and Exchange Commission. According to reports, Ronda investigated Kelly G Rogers and the Level Par scam back in 2006. Couple this subpoena with Marshall Gandy, who prosecuted Rogers on behalf of the SEC and you can see where this case is headed.  

This is great news for the good guys and bad news for Rogers. If you read the attached documents, Rogers agreed NOT to violate the terms of his Final agreement. However, it appears he started a new wave of "deals" even before the ink was dry on April 9, 2007.

Read the agreements and judge for yourself. Pay particular attention to "Consent of Defendant Kelly G Rogers and it's the noose that will hang our favorite topic of conversation.

1. Original Complaint
2. Unopposed Motion to Enter Agreed Final Judgment
3. Consent of Defendant Kelly G Rogers
4. Agreed Final Judgment as to the Defendant Kelly G Rogers