In a law abiding society, a line clearly exists between right and wrong, good and evil, black and white. If a society is to enjoy law and order, people of sound mind choose to honor boundaries because it's the right thing to do.
Attorney Kelly Rogers seems to be of a sound mind. Judging from his ability to impress the average investor, one would assume he's smart enough to recognize them. Yet, after reading the indictments, it appears he simply ignored them.
Much of this reminds me of Bill Clinton during his perjury charges. He posed the now famous question; "It depends on what the meaning of the word 'is' is". Everything to Bill Clinton was some shade of gray. No right, no wrong....just shades of gray. Is this a lawyer thing, arrogance or both?
Clinton was suspended from practicing law in Arkansas and paid a $250,000 fine as a result of Monica Lewinski incident. He was also disbarred from practicing law in front of the Supreme Court and he's the first sitting president to be held in contempt of court for lying under oath. So it is with arrogant lawyers.
I found this wonderful example to illustrate the point about Rogers.
On July 9th, 2007, Kelly G Rogers signed an "Agreed Judgement" to settle his part in the lawsuit Sec vs. Global Finance & Investments, Inc., et al (Page 11: Rogers' fraudulent offering).
Rogers was sued for his involvement in the Level Par Ponzi scheme that he and his former partner, Richard Weyand operated. As part of the settlement, he paid a small fine, got a slap on the wrist and out the door practically unscathed.
THEN 44 DAYS LATER, HE'S AT IT AGAIN!
If you read cause 380-81034-2012, Rogers is indicted for Theft PC 31.03 F1, Securities Fraud; Article 581, Section 29 C (1) of Texas Securities Act, and Money Laundering TPC 34.02 F1.
Detailed in the indictment, Rogers appears to have walked out from signing the SEC Agreement on July 9th and 44 days later he's already got a new DEAL he's spinning to unknowing investors. He begins to accept new money on August 22nd from DFG LP and Nick Diguseppe.
Amazing...only 44 days later. I wonder if this new deal was in the works as he signed his name to the SEC agreement?
In the indictment for Security Fraud, it lists three specific charges;
- Failing to disclose a lawsuit from 2/16/07 for allegedly committing violations of the federal securities act, the Securities Act of the State of Texas, common law fraud and breach of his fiduciary duties to the petitioners in connection with the sale of investments in an oil and gas venture located in the Vinton Dome in Louisiana.
- Failing to disclose a 7/18/2007 lawsuit filed by the US District Court for the Eastern District of Texas styled as SEC vs. Global Finance & Investments, Inc alleging in part that Rogers violated provisions of the federal securities laws.
- Failing to disclose that funds invested by previous investors in Falcon Energy LLC and Buck Hamilton Series were used for purposes other than those for which said funds were invested.