Showing posts with label SEC vs Kelly G Rogers. Show all posts
Showing posts with label SEC vs Kelly G Rogers. Show all posts

Friday, May 9, 2014

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.

Tuesday, January 7, 2014

State Subpoenas SEC Attorney Marshall Gandy for Kelly G Rogers Trial

As the State of Texas prepares for the trial of Kelly G Rogers,  I've noticed they've subpoenaed Marshall Gandy.

Mr. Gandy is the associate regional director and examinations at US Securities and Exchange Commission.

More importantly, Mr. Gandy was the prosecuting attorney in 2007 for the SEC v. Global Finance Investments, Inc., et al which was Kelly Rogers and his Level Par Ponzi Scheme.

This is significant because Rogers' has clearly violated the terms of his agreed final consent.

Under the agreed terms of the Consent, the Defendant (Kelly G Rogers) agreed to the order that; 

(i) permanently restrains and enjoins Defendant from future violations of Sections 5(a), 5(c) and 17(a) of the Securities Act of 1933 ("Securities Act") [15 U.S.C. §§ 77e(a), 77e (c) and 77q(a)], and Section 10(b) of the Securities Exchange Act of 1934 (the "Exchange Act") [15 U.S.C. § 78j(b)] and Rule 10b-5 promulgated thereunder [17 C.F.R. § 240.10b-5];

(ii) orders Defendant to pay disgorgement in the amount of $100,000, plus prejudgment interest thereon in the amount of $3,360; and (iii) orders Defendant to pay a civil penalty in the amount of $50,000 under Section 20(d) of the Securities Act [15 U.S.C. § 77t(d)] and Section 21(d) of the Exchange Act [15 U.S.C. § 78u(d)].

Further, it spelled out; "...by using any means or instrumentality of interstate commerce, or of the mails, or of any facility of any national security exchanges, in connection with the purchase or sale of any security;

(a)  to employ any device, scheme, or artifice to defraud;

(b)  to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading or

(c)  to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. 


In the "CONSENT OF DEFENDANT KELLY G ROGERS document, on page 5 it simply says;

"If Defendant breaches this agreement, the Commission may petition the Court to vacate the Agreed Final Judgement and restore this action to its active docket". 

So SEC, let's get to it! 



Friday, January 6, 2012

The Level Par Scam by Kelly G. Rogers

Yep, the scam that started the down hill spiral of Kelly G. Rogers, Lawyer of Frisco Texas. On the fast track to rebuild his home, Rogers set off on a Bernie Madoff pace that caused many of Kelly G Rogers friends, acquaintances and those in his Amway down-line to lose Millions of dollars.

After all, what are friends for? 

SEC v. Global Finance & Investments, Inc. et al. Case 4:07-cv-00346

18. "Kelly G. Rogers, age 47, is a resident of Frisco, Texas and was the managing member of Level Par until July 2006, when he was forced to resign after the other Level Par members discovered he had diverted Level Par’s funds to his personal bank account. Rogers was a member of the Texas Bar Association until April 2005, when his license was suspended for failure to pay Texas’ occupational tax". (Page 5 & 6)


IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION, Case SECURITIES AND EXCHANGE COMMISSION vs. GLOBAL FINANCE & INVESTMENTS, INC.

Page 11:  Roger’s fraudulent offering:

43. In January 2006, Clark told Kelly G Rogers that Clark had invested with Global Finance and was receiving profits from Global Finance’s program. In fact, drawing from the representations in Davis’s December 20, 2005 joint venture amendment, Clark represented to Rogers that he had $100 million invested in the Global Finance investment program.

44. In February 2006, after Rogers expressed an interest in participating in Global Finance’s program, Clark introduced Kelly G Rogers to Davis. According to Rogers, Davis offered him a “totally secure” high-yield program involving the purchase and sale of bank debentures that paid monthly returns of up to 25 percent. Davis touted the fact that the funds would be safely deposited in an attorney’s trust account and would not be withdrawn until an actual transaction commenced or an instrument was purchased.

45. In February 2006, Kelly G Rogers was the managing member of Level Par and its sole contact with Global Finance. Kelly G Rogers, using Level Par as a pooling vehicle, conducted an offering, and invested the proceeds with Global Finance. Based on Davis’s representations, Rogers prepared Level Par’s offering documents, promising investors monthly returns ranging from three to 10 percent. Kelly G Rogers orally represented to Level Par investors that their principal was not at risk because it remained in an attorney’s trust account. Rogers also told investors that the funds would be used as collateral to trade in various bank debentures or mortgage backed securities. Kelly G Rogers told one investor that “the World Bank would have to collapse to lose his investment.” Rogers raised $4.7 million from approximately 35 investors and wire transferred all of it to Global Finance in February and March 2006.

46. Rogers knew that Davis’s claims were fraudulent. First, Rogers was an investor in Correll’s scheme, a similar high-yield investment program, which had ceased making promised payments. Also, Rogers was on notice that these investments were scams when he learned of the Commission’s allegations in the Correll civil action in which Robbie Gowdey, Rogers’s friend and neighbor, was charged with violations of the federal securities laws.

47. Nevertheless, on February 13, 2006, Rogers caused Level Par to enter into a joint venture agreement with Global Finance, and a trust account agreement with Dippolito, containing terms similar to Clark’s and Schliemann’s agreement with Davis.

In the end, many investors we talked with have never gotten ONE PENNY of money back from the Level Par investment. In the meantime, has Rogers curbed his fund raising activities? NO. But surely he's seen the light and now enables his investors to rake in huge profits to rebuild his reputation as a rain-maker, right?

What do you think? Maybe you should ask those who've invested with Rogers in the past years to get the answer?

In the meantime, let's all look ahead to the February trial for justice to be served.