CINCINNATI — More than three years after she pleaded guilty to federal charges, former Butler County Auditor Kay Rogers is set to be sentenced next month.

Attorney Konrad Kircher asked that his client be incarcerated for only one day, according to a sentencing memorandum filed Friday in U.S. District Court in Cincinnati.

After some tragic poor judgment, I think Kay has done a tremendous job in the last four years of rehabilitating herself, Kircher said Monday. I just hope Judge (Sandra) Beckwith can recognize that and give her the break she and her family needs to move on.

Rogers, 53, of West Chester Twp., pleaded guilty in December 2007 to conspiracy to commit bank fraud and mail fraud, and to filing a false income tax return stemming from her involvement in the county fiber optics scandal with the now-defunct companies Normap and Dynus Corp. Dynus Corp. — contracted by the county to build its fiber optics system to help spur economic development — took out a multimillion-dollar loan in the county’s name without its approval.

Rogers resigned as county auditor in March 2008, and is now scheduled to be sentenced at July 26.

The long delay in sentencing for Rogers is directly due to her cooperation with the FBI, Kircher said.

She has been cooperating all along with these other investigations.

She’s provided key assistance to the government in investigating not just the Dynus stuff, but other things, Kircher said.

She did that at significant loss of friendships and relationships, he said, noting her cooperation included wearing a wire for about 100 face-to-face conversations with subjects of the investigations.

A spokesman for the U.S. Attorney’s Office could not be reached for comment.

According to Kircher’s sentencing memorandum, Rogers has assisted with the federal government’s investigations of Dynus executives Orlando Carter, who was convicted and sentenced to 15 years on 11 charges; and Jim Smith, who is set to be sentenced Aug. 2 after pleading guilty to bank fraud, according to court records.

Rogers, according to documents filed by Kircher, also provided help with investigations of Dynus project manager Karin Verbruggen; West Chester Twp. Trustee George Lang, who was acquitted earlier this year of a perjury charge; former county GOP Finance Director Joe Ruscigno; and longtime politician and former Children Services Director Michael Fox, who has pleaded guilty to conspiracy to commit wire fraud, mail fraud and filing a false tax return.

Fox has yet to have a sentencing hearing set; his attorney Aaron Herzig said it could still be a few months.

According to Friday’s motion, Kircher hopes the court will consider various circumstances, including the financial dependency of Rogers’ six children, the attempts she has made to rehabilitate herself , having difficulty finding a job (though she is now employed), and the cooperation she’s provided the federal government.

The federal probe into the Dynus scandal started in early September 2005, when Butler County Commissioner Charles Furmon and National City Bank officials both contacted the FBI to investigate apparent suspicious activity that surrounded Dynus and Rogers, according to FBI testimony in the trial of Lang.

Furmon on Monday declined to comment about Rogers’ sentencing date being set.

Kircher is asking for Rogers to be sentenced to one day — the same sentence given to Verbruggen, who pleaded guilty to bank fraud.

If the federal government opposes the sentencing memorandum, then its attorneys must file a response by July 6, according to a sentencing hearing notice ordered by Beckwith.

Kircher said government attorneys told him they plan to file a motion requesting a reduction in sentencing guidelines. That motion is due July 18, according to Beckwith’s order.

We just don’t know what their recommendation is going to be, Kircher said.

Sentencing guidelines for Rogers’ bank fraud are between 51 and 63 months, though Rogers’ probation officer has recommended a 24-month sentence, Kircher said.

We hope that Judge Beckwith does not incarcerate her, Kircher said. This is a non-probationary offense so the judge has to impose some incarceration, but she has the discretion to impose one day if she wants to.

Kircher said an order of restitution is unlikely because National City Commercial Capital Corp. — in a 2006 document signed by then-company CEO Vincent Rinaldi — released Rogers, along with any other county official, agent or employee, from any claim, demand or lawsuit brought before them.

Contact this reporter at (513) 820-2175 or mpitman@coxohio.com. Follow at twitter.com/mdpitman.

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