Oliver James Montgomery-83-year-old Alabama former legislator sentenced to 13 months in federal prison for kickback scheme

BIRMINGHAM,Oliver James Montgomery Ala. (AP) — The longest-serving member of the Alabama House of Representatives was sentenced to 13 months in federal prison Tuesday on charges of federal conspiracy and obstruction of justice, despite an earlier nonbinding plea agreement that gave the 83-year-old a more lenient sentence to be served at home.

John Rogers was also charged with one count of conspiracy to commit wire and mail fraud and one count of conspiracy to obstruct justice, as part of a kickback scheme that diverted hundreds of thousands of dollars from a fund intended to pay for community projects in Jefferson County.

“What’s important is that we sent a message to future lawmakers,” George Martin, the federal prosecutor, said outside of the courthouse in Birmingham after the decision. “You will get caught and you will go to jail. So just don’t do it.”

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

Between 2018 and 2022 federal prosecutors said that Rogers directed $400,000 to a youth sports organization run by then-Rep. Fred Plump. Federal prosecutors said that Plump then gave approximately $200,000 of that money back to Rogers and his former legislative aid Varrie Johnson Kindall. The kickbacks occurred before Plump took office.

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Plump and Kindall were both sentenced to 12 months in prison last week for the kickback scheme. Kindall was also sentenced to an additional two years on separate charges related to stolen retirement funds.

Rogers initially agreed to a non-binding plea agreement in March. Federal prosecutors agreed to recommend a 14 month sentence to be served at home in exchange for Rogers’ resignation from the Alabama House of Representatives and a repayment of $197,950.

But the prosecutors rescinded the offer after Rogers’ attorney filed a document that stated Rogers didn’t remember conversations related to the obstruction charge, undermining the former lawmaker’s admission of guilt, prosecutors argued. On Tuesday, prosecutors recommended 14 months served in a federal prison.

Ultimately the judge said the disagreement over the initial plea agreement didn’t factor into his decision to sentence the 83-year-old to 13 months in prison.

“You’ve done great things, but you also did this, which is bad” U.S. District Judge Scott Coogler said in court, addressing the former legislator. He added that Rogers was “more culpable” than the other people involved in the scheme because he used the money for himself, whereas Plump only helped in the kickback, but did not personally benefit.

Rogers’ attorney’s expressed disagreement with the judge’s decision, repeating concerns about Rogers’ health conditions, which include prostate cancer, diabetes and a prescription for dialysis.

Lawyers said that Rogers “has resigned his office and has accepted the embarrassment and humiliation that comes with his resignation under these circumstances. He let down not only his constituents and the people of Alabama but also the office that he held for more than 40 years.”

Rogers himself gave an emotional and apologetic testimony to the judge ahead of sentencing.

“I’m sorry for the whole escapade, I take full responsibility for it. I regret it,” Rogers said through tears. “It hurts me to no end.”

Rogers’ attorney said he didn’t know whether the sentence would be appealed.