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Home > Blogs > Butler County News and Issues > Archives > 2009 > August > 13 > Entry
Defense rests in Dynus trial
The defense rested in the trial of former Dynus Corp. owner Orlando Carter this afternoon, Aug. 13, after hours of contentious cross-examination of Carter on the witness stand.
At the center of questioning was what Carter knew of $6.5 million in loans the company had taken out from National City Bank in Butler County’s name without county approval.
That bank lost millions of dollars on the deal, and Fifth Third Bank lost millions more when the company was later shut down. And former county auditor Kay Rogers, company president Jim Smith and a company employee pleaded guilty to bank fraud.
Carter testified today he knew nothing of it until shortly before the company’s collapse in October 2005.
Assistant U.S. Attorney Richard Chema pointed to a June 2005 meeting with National City officials and e-mails to Carter before and after the meeting concerning the bank loan.
Carter said the bank didn’t mention his company was on the hook for $4 million at the meeting. He said he was in a meeting in Chicago when the e-mails came, and didn’t read them when he came back.
“I probably had hundreds of e-mails when I got back,” Carter said.
“How many did you have from CEOs of major banks?” Chema asked.
“I don’t recall, sir,” Carter replied.
Carter said he also didn’t read an e-mail from Smith to Rogers that he was copied on asking Rogers to use her political clout to get county Prosecutor Robin Piper to sign a letter affirming that a deal existed between the company and county.
Smith had promised National City that he would get Piper to sign the letter or the company would give back a $4 million loan. Piper never signed, because a deal between the company and county didn’t exist.
Carter’s testimony runs contrary to bank and company officials, who have testified Carter knew about Smith’s guarantee to return the $4 million.
Carter said Smith lied in his testimony that Carter was in on the deal, and that Smith went out of his way to keep Carter “in the dark.”
Carter is fighting an 11-count indictment, including charges of bank fraud for his purported role in the Butler County deal, creating false documents to over-inflate his income for a home loan and lying on a bankruptcy petition.
Carter said he delegated the paperwork for the home loan to other people and was not aware they had made a fake W-2 to help him get the $1.2 million mansion. And he said he did not consider his answers on the bankruptcy petition to be false.
Defense attorney Wende Cross concluded her questioning by asking Carter pointedly if he intended to defraud the mortgage company, the banks, the bankruptcy trustee and others.
“No, ma’am,” he said after each entity was named.
The three week trial has included revelations about an alleged bribe given to Rogers, payments given to Smith by West Chester Twp. Trustee George Lang that Smith called a “kickback,” influence-peddling by prominent local Republicans and the alleged involvement of former county commissioner Michael Fox.
Closing arguments are scheduled for Monday, Aug. 17.
Permalink | Comments (7) | Post your comment | Categories: Dynus
Comments
By SlyDog
August 14, 2009 7:47 AM | Link to this
There were emails regarding a $4 million loan and he didn’t read them? If nothing else, Carter’s guilty of criminal incompetence. And the claim his employees faked the W-2 to secure the $1.2 million mortgage without his knowledge? The people involved wouldn’t know what would be required to buy a house that expensive (it’s out of their league) and wouldn’t know the W-2 would have to be faked unless someone told them so - and the only person I can see knowing that to be the case had to be Carter. Ridiculous.
By M
August 14, 2009 8:26 AM | Link to this
Very true, Carter is lying through his teeth. I read one other reference where Kay Rodgers got her kickbacks from a 3rd party company celled HRH or something like that ? Has anyone investigated that avenue for more checks cut to her ? Sounds like she had that setup for kickbacks. If they took the time to set it up initially, there are probably more.
By tito
September 25, 2009 9:37 AM | Link to this
OK all lets get something right now…the 4mm guarentee that Jim Smith the confirmed, documented and admitted liar made to the bank was not Dynus or Mr Carters money to begin with. It was Butler countys loan! The banks should have gone after BC, why didnt they? and why would they take the word of little Jim Smith? Risky! Even if Mr Carter knew it was not his/Dynus loan to give back!!! Like any other bank loan you go after the BORROWER the people who signed on the loan!! National City/PNC execs what are your thoughts, facts! on that?
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