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County Commissioner Suspect in Fire and Fraud Investigation

April-26-07

The Federal Bureau of Investigation is investigating LeFlore County Commissioner Carroll Wayne Rogers surrounding alleged activities of fraud in connection with suspicious fires that destroyed three homes.

Special Agent James A. Dawson filed an affidavit in support of applying for a search warrant with the the U.S. District Court Clerk's office in Muskogee, Oklahoma.

The following is taken from the affidavit for a search warrant which was executed on properties owned by Rogers, 53. No charges or federal indictments have been filed against Rogers, a Democrat,  or the other individuals named in the affidavit.
 

Affidavit as prepared by Special Agent James A. Dawson.

I submit this affidavit in support of an application for a search warrant for the premises, curtilage, vehicles, persons and outbuildings of 17524 Rogers Lane, Spiro located in LeFlore County in the Eastern District of Oklahoma. 

Based upon my experience and the facts set forth herein after, I have probable cause to believe and do believe that the items of evidence sought to be seized will be located at the location and that these items are evidence of violations which include Title 18 U.S.C, Sections 1343 (Wire Fraud.)  I am aware that an investigation was initiated by the FBI into the activities of LeFlore County Commissioner Carroll Wayne Rogers, in coordination with agents of the Oklahoma State Fire Marshal, based on information I received indicting Rogers may have obtained funds through the use of the United States Mail pursuant to committing insurance fraud. 

At least three  suspicious fires have destroyed homes in LeFlore County where Rogers has been at least peripherally involved. 

On May 6, 2003, Rogers home in Spiro while being remodeled, was destroyed in a suspicious fire. 

On July 22, 2004, Destiny Taylor's (Rogers' stepdaughter) home in Spiro was destroyed by a suspicious fire. 

On March 1, 2005, George Moody's (Rogers' employee) home in Spiro was destroyed in a suspicious fire.  Rogers had previously owned Moody's home, and is believed to have exercised ownership of the property at the time of loss.

On or about Dec. 28, 2005, Rogers claimed damages to a dilapidated trailer and a vacant home which were damaged by a grass fire. 

On March 10, 2002 and April 26, 2006, Rogers claimed hail damage to the roof of his residence.  In each instance, insurance companies paid loses to the respective owners. 

During the course of the investigation, certain cooperating witnesses have provided information to the FBI. Information regarding these witnesses is provided as follows:

Clifton Dee Morgan advised me he has known Carroll Wayne Rogers for many yhears and has conducted business with Rogers during those years.

Ricky DeWayne Meeks has advised me he has known of Carroll Wayne Rogers for many years, though he is not a friend or associate of Rogers.

Janette Alane Ford has advised me she is an employee of LeFlore County and currently serves as the secretary of Carroll Wayne Rogers.

Based on information I have received from the above described cooperating witnesses and others and my review of documents obtained from various entities to include but not limited to, Spiro State Bank, the LeFlore County Clerk's Office, Farmers Insurance Comp. Inc., and Markel American Insurance Comp. Inc., I have developed the following information:

Rogers is an elected official, and serves as the District Number One County Commissioner of LeFlore County.  He is also the Chairman of County Commissioners, LeFlore County.  Rogers purchased a property in the Spiro area which changed ownership several times, and ultimately was recorded as the property of one of his employees, George Moody.  In March 2005, the property was completely destroyed by fire.  Rogers has purchased at least two properties for family members which have been destroyed by fire. 

In May 2003 a residence purchased by Rogers was completely destroyed by fire.  The residence was reportedly being remodeled for use by one of Rogers' sons, C.J. Rogers. 

In July 2004, a residence purchased by Rogers was completely destroyed by fire.  The residence was reportedly being remodeled for use by Rogers' stepdaughter, Destiny Taylor. 

In each of the foregoing instances, Rogers and or his wife, Kathy M. Rogers, exercised control over the proceeds received from various insurers as a result of the fires. 

In May 2002, and in April 2006, Rogers claimed to have experienced hail damage to the roof of his primary residence in Spiro.  The insurance adjuster in the April 2006 hail damage claim ultimately paid what he believed was a "bad claim." 

My review of documents obtained from the LeFlore County Clerk's Office regarding property located at 98 Smokey Loop revealed the following:

On July 19, 2004, Rogers purchased the property identified as 98 Smokey Loop, Spiro from Tony and Victoria Minor.  Rogers is believed to have paid $20,000. for the property.  The tax revenue stamp of the associated warranty deed indicates Rogers paid $30, which is established at a rate of $1.50 for every $1,000. 

On Sept. 14, 2004, ownership of 98 Smokey Loop was transferred to former LeFlore County Commissioner Clifton Dee Morgan.  Morgan reported he had purchased the property for $16,000 and 20 Black Angus heifers.  The tax revenue stamp of the associated warranty deed indicates Morgan paid $37. 

On Sept. 14, 2004, ownership of 98 Smokey Loop was transferred to Ricky DeWayne Meeks, the nephew of Morgan.  There is no tax revenue stamp on the associated warranty deed as the ownership of the property was merely transferred.  Due to the familial relationship of Meeks and Morgan, and lack of monetary transaction, no tax revenue was paid. 

On Nov. 16, 2004, Meeks allegedly sold 98 Smokey Loop to George Moody for the sum of $37,000.  The alleged property sale was notarized on March 4, 2005.  The notarization of the sale took place three days after the property was destroyed by fire, and 14 days after Moody had obtained insurance on the property.  The tax revenue stamp of the associated warranty deed indicates Moody paid $55.50. 

My review of documents obtained from Markel American Insurance Company, Inc., regarding the loss of 98 Smokey Loop revealed the following:

On Feb. 15, 2005, Moody, with the assistance of Janette Alane Ford, obtained $50,000 in insurance on 98 Smokey Loop from insurance broker Vickie Cloud, who underwrote the insurance policy with Markel American Insurance Company, Inc.

When obtaining this policy, Moody paid Cloud $102, thus binding the policy. 

On March 1, 2005, the property of Moody located at 98 Smokey Loop was destroyed by fire.  Following the fire, Cloud was notified of the loss by Rogers. 

On March 9, 2005, Moody submitted an insurance claim for the loss of 98 Smokey Loop.   In this claim, Moody requested compensation in the amount of $37,000 and any clean up costs for the loss of his residence. 

On April 13, 2005, Cloud was deposed by Attorney Tim N. Cheek of the law firm Cheek, Cheek & Cheek, Oklahoma City on behalf of Markel American Insurance Company, Inc.  During an examination under oath, Cloud testified that Rogers had given Moody significant assistance in completing his insurance claim.  Rogers telephonically contacted her numerous times as Moody completed his claim. 

On July 8, 2005, a check in the amount of $14,500 was paid to Moody for the loss of his residence located at 98 Smokey Loop

On Jan. 5, 2006, I served a Federal Grand Jury Subpoena upon Spiro State Bank for the banking records of Moody. 

A review of these records revealed the following:

On July 20, 2005, Moody established a bank account at Spiro State Bank.  The account was opened utilizing a check from Markel American Insurance Company dated July 8, 2005 in the amount of $14,500.  The sum of $14,400 was deposited in Moody's account on the aforementioned date. 

On July 27, 2005, Moody wrote a check to himself in the amount of $5,000 receiving cash. 

On July 28, 2005, Moody wrote a check to himself in the amount of $5,000, receiving cash. 

On Aug. 3, 2005, George Moody wrote a check to himself in the amount of $4,300, receiving cash. 

On Jan. 5, 2006, I served a subpoena upon Spiro State Bank for the banking records of Rogers. A review of these records revealed the following:

On July 27, 2005, Rogers made a loan payment of $1,500 at Spiro State Bank, the loan having been taken out by Rogers on July 27, 2004 in the amount of $8,500. 

On Jan. 5, 2006, I served a subpoena upon Spiro State Bank for the banking records of Kathy M. Rogers. A review of these records revealed the following:

On July 27, 2005 a cash deposit in the amount of $3,000 was credited to the account of Kathy M. Rogers. 

On Aug. 31, 2005, I spoke with Janette Alane Ford, employed as the secretary of Carroll Wayne Rogers.  Ford informed me she took  Moody to the insurance office of Cloud in Keota in order to assist Moody in purchasing $50,000 in property insurance on Moody's residence, located at 98 Smokey Loop. 

Ford took Moody to Cloud's Insurance office at the direction of Rogers while she and Moody were on paid LeFlore County time. The paid absence was allowed by Rogers. 

Upon completion of the required paperwork, Ford assisted Moody in paying his insurance premium by counting Moody's money to be paid to Cloud. 

Ford also informed me that on April 13, 2005, she spoke under oath with Attorney Tim N. Cheek of the law firm Cheek, Cheek, & Cheek of Moody and Cloud on behalf of Markel American Insurance Company, Inc. 

Ford informed Cheek that she had counted $37,000 in cash for Moody. Ford told Cheek that upon counting the cash, she placed it in a sack, and Moody departed from her presence.

When speaking with Ford on Aug. 31, 2005, she informed me she had lied to Cheek when speaking with him on April 13.  Ford informed me that Moody had asked her to lie regarding counting the $37,000 in cash immediately prior to her speaking with Cheek. 

On Aug. 26, 2006, I spoke with Brandy Louise Watson, employed at Spiro State Bank.  Watson assisted Moody when he established a bank account on July 20, 2005.

Watson recalled that Moody was assisted in establishing his bank account by Carroll Wayne Rogers.  Watson further recalled that Rogers was designated as the Pay On Death beneficiary by Moody.  Watson found this action to be unusual, as Moody has living siblings. 

On Aug. 25, 2006, I spoke with Janet Lyn Rogers, employed  at Spiro State Bank.  Janet Lyn Rogers served as the bank teller for Spiro State Bank when he withdrew $5,000 from his account on July 27, 2005. Upon the demand of Moody, Janet Lyn Rogers disbursed $5,000 to Moody from his account, at which point Moody exited the bank and went to his truck. Moments later, Janet Lyn Rogers observed Carroll Wayne Rogers enter the bank and proceed to the teller counter where he made cash payments on loans. 

Janet Lyn Rogers also assisted Moody on the following day, July 28, 2005, when she disbursed $5,000 to Moody from his account. Upon receiving the cash, Moody exited the bank and went to a truck in which sat Carroll Wayne Rogers.  Moody and Carroll Wayne Rogers then departed the bank parking lot. 

On Sept. 15, 2005, I spoke with Clifton Dee Morgan, a former LeFlore County Commissioner. He was approached by Rogers in September 2004, regarding the property located at 98 Smokey Loop.  Rogers identified himself as the owner of the property, and told Morgan he expected a roadway to be built through the property.  Rogers asked Morgan if he would like to buy the property, telling Morgan "I'm a county commissioner, it would look bad for me to sell it for the highway." 

Rogers told Morgan he had paid $16,000 for the property and would split the profit of anything the highway department paid beyond this point. Upon consideration, Morgan agreed to purchase half of the property for $8,000. 

On Sept. 14, 2004, Morgan met Rogers at the LeFlore County Courthouse, where Morgan paid Rogers $8,000 and received two deeds from Rogers.  One deed was for Morgan, and the other for Ricky DeWayne Meeks.  Rogers deeded the land to Morgan, and Morgan deeded the land to Meeks, who was not present.  No notary public was present. During this transaction, Rogers told Morgan to report he had paid $16,000 and 20 heifers  for the purpose of obtaining tax revenue stamps.  In fact Morgan paid Rogers only $8,000 and did not give any heifers. 

Near the end of January 2005, or the beginning of February 2005, Rogers learned the planned highway would not pass through the aforementioned property. Rogers informed Morgan of this, who told Rogers he "wanted out of the deal." 

Morgan told Rogers he wanted his $8,000 back.  Rogers told Morgan to "just wait and see." 

A short time later, Rogers told Morgan he would arrange for the property to be sold to Moody.  Rogers told Morgan he would get his money back to him through Moody. 

On Sept. 8, 2005, I spoke with Ricky DeWayne Meeks who informed me that in approximately November 2004, he "sold" the property identified at 98 Smokey Loop to Moody.  Meeks denied ever receiving any money from Moody or paying any money to Morgan in the respective property transactions. 

Meeks did not receive $37,000. from Moody.  Meeks did not receive "even a dime" from Moody.  Meeks signed the property over to Moody because his uncle, Clifton Dee Morgan, had told him to. 

On March 1, 2005, the property identified as 98 Smokey Loop, was destroyed by fire. 

Subsequent to this, in August 2005, Rogers contacted Morgan and asked to meet with him at Donoho Stone Company in LeFlore County. Upon meeting, Rogers handed Morgan a gray sock with $7,500 inside.  Rogers told Morgan they would both be short $500 as Moody received only $15,000 in insurance as a result of the fire. Rogers told Morgan they would evenly split the $15,000. 

On Sept. 22, 2005, I spoke with Morgan who informed me he had happened upon Rogers on Sept. 17, 2005 while at a convenience store in Spiro. Rogers and Morgan spoke briefly regarding law enforcement interest in the property transaction concerning the property located at 98 Smokey Loop.

Rogers told Morgan "You better tell Ricky (Ricky DeWayne Meeks) to keep his mouth shut and keep his story straight or we're all going to jail."