Kelly G Rogers was indicted by a Collin County Texas Grand jury on July 30th 2009. The attached mug shot was provided as public information by the Collin County Sherrifs office. For updated information as to the status of the proceedings, you can link to the following Clerk website: http://www.co.collin.tx.us/rsp-bin/pbkr125.pgm.

According to the site, the offense took place on March 1st, 2005 and is a FELONY 1 charge. The charges include 26990034 Misapp Fiduc/Finan Prop >=$200,000. An arrest warrant was issued, then executed on August 14th. Rogers was booked, his mug shot taken and he was incarcerated. He was later released on $50,000 bond. Mr. Rogers is scheduled to appear on September 2nd, 2009 in the 380th District Federal Court, the honorable Suzanne Wooten will be presiding.

Ironically, Mr. Rogers birthday is listed as September 2nd, 1958. This is the date he's scheduled to make his first appearance in court! I wonder if the court will pause to sign happy birthday to this young man? Please continue to watch the Collin County website for continuing news and updates.

This is not the first time Rogers has been in legal trouble. In July of 2007, the SEC filed a complaint against Mr. Rogers for his role as a facilitator in a Ponzie Scheme. Mr. Rogers created a company called "Level Par" and solely responsible for investing with CR Davis and Global Finance and Investments. The SEC sued and won against Mr. Rogers who agreed to a final judgementthat permanently restrains and enjoins Defendant from violation of several codes from the Securities act of 1933. These codes include Sections 5(a), 5(c) and 17(a). Also included was Sections 77e(a), 77e(c) and 77q(a) and Sections 10(b) and rule 10b-5.

Mr Rogers was ordered to pay disgorgement in the amount of $100,000 plus prejudgement interest thereon in the amount of $3,360 and a civil penalty in the amount of $50,000. The SEC rulings can be viewed below.

A link is also provided to a letter issued to all Level Par investors on August of 2006. This letter announced the SEC had contacted Level Par officials to report investments made by Kelly Rogers into entities run by CR Davis and Global Finance. These individuals and entities were part of an ongoing investigation by the SEC for operating as a Ponzie Scheme. The letter also documents $200,000 Mr. Rogers removed from Rio Grand Mining (a venture capital operation) and invested in the Travis Correll Ponzie Scheme in 2004. Shortly after details began to surface, Mr. Rogers was removed from Level Par and several other entities run by Richard Weyand. Several lawsuits were filed against Kelly Rogers in the subsequent years and these will be fully explored in the coming weeks.

Documents can be downloaded at the Kelly G Rogers site.

Updates on these and other matters will be provided in the weeks and months ahead. Additionally, Kelly G Rogers personally filed Chapter 11 bankruptcy on July 27th, 2009 in the name of Kelly Gordon Rogers. This will be the subject of the next posting.