One of those issues not addressed by the bank in court filings, she said in her motion filed recently, was that a $4 million loan at the heart of the Dynus scandal “does not exist.”
Rogers was sentenced to two years in prison in 2011 after pleading guilty in 2007 to conspiracy to commit bank and mail fraud and filing a false income tax return. Rogers, a single mother of six, said she took a plea deal “against her inner will” in order to “protect her family from further embarrassment and public humiliation.”
RELATED: Former auditor Kay Rogers headed to prison for role in scandal (July 2011)
“Rogers expected PNC’s response, at a minimum, would acknowledge and reconcile the disparity between the often-repeated reference to ‘the loan’ and the 2017 Office of the Comptroller of the Currency finding,” according o Rogers’ response filed on March 29.
In her filing, Rogers said the OCC “confirmed there never was a $4 million loan to substantiate a loss to warrant restitution.”
RELATED: Federal magistrate dismisses $500 million Dynus lawsuit involving several Butler County officials (July 2018)
RELATED: Judge sentences Dynus Corp. owner to 15 years, says he’s ‘fundamentally dishonest’ (June 2010)
Rogers said in her lawsuit filed in November 2018 that the bank’s executives, as well as the U.S. Department of Justice, have told “a litter of lies” regarding the existence of the loan she’s been ordered to repay.
Rogers has previously said the only document she signed — presented to her by a former Dynus executive — was simply an affirmation the county was good for the money. Only the county commissioners can authorize expenditures, and that executive indicated he intended to obtain their signatures.
Commissioners never signed such a document.
Karen Giffen, attorney for the bank, said in her motion to dismiss filed in February that Rogers' complaint lacks legal standing and several counts are beyond the statute of limitations. She also said the allegations "are virtually identical" to five lawsuits filed by former Dynus owner Orlando Carter, who was convicted in 2009 for multiple counts of fraud, among other charges, and is serving a 15-year prison term. Carter has maintained his innocence.
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