Jailed auditor: Don't take my savings
The Enquirer/ Tony Jones
BUTLERAUDITOR METRO Kay Rogers the Butler County Auditor is running for re-election even though her political party (republicans) has endorsed her opponent. April 20,2006
Written by
Dan Horn
Former Butler County Auditor Kay Rogers says federal prosecutors will bankrupt her family and leave her children without a home if they seize her retirement savings as part of her punishment for fraud crimes.
Her lawyer described the attempt to take the money as a “draconian action” and asked a federal judge on Monday to intervene on Rogers’ behalf.
He said Rogers, who is serving a two-year prison sentence, would be unable to support her family or herself after her release if prosecutors follow through with the garnishment of about $250,000 in retirement savings.
“How much more can you destroy a person?” said her attorney, Konrad Kircher. “This garnishment goes way beyond punishment. This would prevent her from ever living a normal life again.”
Federal prosecutors could not be reached Monday, but they asked U.S. District Judge Sandra Beckwith last month to approve a request to seize Rogers’ retirement accounts. They said the goal is to help recover some of the $4 million lost in the Dynus fiber-optics scandal that shook Butler County and resulted in four criminal convictions.
Rogers, a single mother of six children, pleaded guilty more than three years ago to conspiracy to commit wire and mail fraud and to filing a false income tax return. She was sent to prison last July.
Prosecutors described Rogers as a catalyst for the scandal and said she signed several documents on behalf of the county wrongly certifying that Dynus had completed certain work in a multimillion-dollar deal to recruit customers for a 100- mile fiber optics network.
Without her signature, prosecutors say, National City Bank would not have released about $4 million in loans for the project. The judge ordered all of the defendants to repay the money, which gave prosecutors the ability to seek assets wherever they could find them.
Kircher said taking Rogers’ entire retirement savings, including her 401K, would leave her “unable to support her family ... and without incentive to become a productive citizen” upon her release.
He said Rogers’ 26-year-old son, Sean, is handling family finances while Rogers is in prison and is using the retirement savings to pay the mortgage and to cover expenses for the other children, including two minors.
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