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Posted: 3:06 p.m. Friday, Dec. 7, 2012
By Lauren Pack
A federal judge has denied a request for early release by former Butler County Auditor Kay Rogers — a central figure in the Dynus fiber-optics scandal.
Rogers, of West Chester Twp., is serving a two-year prison sentence for conspiracy to commit bank fraud, mail fraud and filing a false income tax return. Rogers’ attorney Brad Kraemer had filed a motion Monday asking that his client be allowed to spend the remainder of her incarceration under home confinement. Her sentence ends May 27.
“The defendant has six children and has suffered tremendously for her mistakes and has already suffered tremendous losses,” Kraemer wrote. “She is tremendously remorseful for her offenses and would like the opportunity to return to being a productive member of society.”
Kraemer noted in the motion that Rogers had a job with a Fairfield accounting company waiting for her if released.
But on Tuesday, U.S. Federal Judge Sandra Beckwith rejected the motion.
“This court lacks authority to modify a previously-imposed sentence with very limited exceptions described (by law),” Beckwith said. “The defendant’s pending motion does not satisfy the terms of that statute.”
Kraemer had no comment on the ruling.
Dynus Corp. was contracted by Butler County early last decade to operate the county’s fiber-optics system, which was built to help spur economic development. Rogers was at the core of the scandal, falsifying documents that secured loans for Dynus while in the name of the county.
Dynus took out two loans from National City Bank totaling approximately $6.4 million. Rogers signed a resolution on Dec. 31, 2004, at her home — on behalf of the county, but without the commissioners’ knowledge — saying the county would borrow $4 million from National City. Dynus used the loan money to borrow approximately $4 million from Fifth Third Bank.
Rogers is serving her sentence at a Lexington, Ky. federal prison.
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