83-year-old Alabama former legislator sentenced to 13 months in federal jail for kickback scheme

BIRMINGHAM, Ala. (AP) — The longest-serving member of the Alabama Home of Representatives was sentenced to 13 months in federal jail Tuesday on expenses of federal conspiracy and obstruction of justice, regardless of an earlier nonbinding plea settlement that gave the 83-year-old a extra lenient sentence to be served at house.

John Rogers was additionally charged with one rely of conspiracy to commit wire and mail fraud and one rely of conspiracy to hinder justice, as a part of a kickback scheme that diverted a whole lot of 1000’s of {dollars} from a fund meant to pay for group initiatives in Jefferson County.

“What’s essential is that we despatched a message to future lawmakers,” George Martin, the federal prosecutor, mentioned exterior of the courthouse in Birmingham after the choice. “You’ll get caught and you’ll go to jail. So simply do not do it.”

Rogers is a Democrat from Birmingham first elected to the Alabama Legislature in 1982.

Between 2018 and 2022 federal prosecutors mentioned that Rogers directed $400,000 to a youth sports activities group run by then-Rep. Fred Plump. Federal prosecutors mentioned that Plump then gave roughly $200,000 of that cash again to Rogers and his former legislative support Varrie Johnson Kindall. The kickbacks occurred earlier than Plump took workplace.

Plump and Kindall have been both sentenced to 12 months in jail final week for the kickback scheme. Kindall was additionally sentenced to a further two years on separate expenses associated to stolen retirement funds.

Rogers initially agreed to a non-binding plea agreement in March. Federal prosecutors agreed to advocate a 14 month sentence to be served at house in trade for Rogers’ resignation from the Alabama Home of Representatives and a reimbursement of $197,950.

However the prosecutors rescinded the provide after Rogers’ legal professional filed a doc that acknowledged Rogers didn’t bear in mind conversations associated to the obstruction cost, undermining the previous lawmaker’s request for forgiveness, prosecutors argued. On Tuesday, prosecutors advisable 14 months served in a federal jail.

Finally the choose mentioned the disagreement over the preliminary plea settlement did not issue into his resolution to condemn the 83-year-old to 13 months in jail.

“You’ve got carried out nice issues, however you additionally did this, which is dangerous” U.S. District Decide Scott Coogler mentioned in courtroom, addressing the previous legislator. He added that Rogers was “extra culpable” than the opposite folks concerned within the scheme as a result of he used the cash for himself, whereas Plump solely helped within the kickback, however didn’t personally profit.

Rogers’ legal professional’s expressed disagreement with the choose’s resolution, repeating issues about Rogers’ well being circumstances, which embrace prostate most cancers, diabetes and a prescription for dialysis.

Attorneys mentioned that Rogers “has resigned his workplace and has accepted the embarrassment and humiliation that comes together with his resignation below these circumstances. He let down not solely his constituents and the folks of Alabama but additionally the workplace that he held for greater than 40 years.”

Rogers himself gave an emotional and apologetic testimony to the choose forward of sentencing.

“I am sorry for the entire escapade, I take full duty for it. I remorse it,” Rogers mentioned by tears. “It hurts me to no finish.”

Rogers’ legal professional mentioned he did not know whether or not the sentence could be appealed.