Prosecutors seek 3-year sentence for lawmaker’s assistant in Birmingham kickback scheme
Federal prosecutors are asking a judge to sentence a longtime Alabama legislator’s assistant to three years of imprisonment for her role in a kickback scheme involving her boss and another lawmaker.
“Perhaps, after learning of this sentence, the next legislative assistant faced with the decision of conspiring to commit fraud or prevent it will make the better choice,” the U.S. Attorney’s Office wrote in new court filings.
Varrie Johnson Kindall, a longtime assistant to former state Rep. John Rogers, will be sentenced in federal court in Birmingham later this month.
She pleaded guilty earlier this year for her role in a scheme to divert public money intended for nonprofits in Jefferson County to personal accounts.
Rogers and state Rep. Fred Plump also resigned from the legislature and pleaded guilty for their roles in the scheme. All three will be sentenced on July 26.
“The recommended sentence will afford much needed general deterrence to similar criminal conduct by those who assist state and local officeholders,” prosecutors said in Kindall’s sentencing memorandum filed Friday.
Federal prosecutors allege that between 2019 and April 2023, Rogers, Plump and Kindall conspired to divert public money intended for the Piper Davis Youth Baseball League, a nonprofit managed by Plump, in a kickback scheme. Kindall deposited that money into her bank account and used it to support herself and Rogers, prosecutors said in court records.
Rogers and Kindall are also charged in another scheme involving funds intended for an unnamed organization, per court documents. Rogers has previously identified the founder of that unnamed organization as George Stewart, who leads the American Gospel Quartet Convention.
In the sentencing memorandum, prosecutors also outlined a third attempt at the kickback scheme, in which Rogers and Kindall offered $10,000 from the fund to the owner of an unnamed dance studio in exchange for $5,000 in kickbacks, prosecutors said. The owner refused, even after Rogers and Kindall doubled the offer, per court records.
“Kindall encouraged and assisted Rogers’ abuse of the office for their personal gain,” prosecutors said in court records. “Kindall, Rogers, and Plump helped destroy Piper Davis and deprived other worthy charities to satiate their greed.”
Prosecutors recommended the shortest sentence for Plump: 12 months of imprisonment. Hepleaded guilty in May 2023 to conspiracy to commit wire fraud and obstruction of justice. The 77-year-old resigned from the legislature after just a few months in office.
“Plump, by his conduct, sullied the good name of Piper Davis, the former infielder for the Birmingham Black Barons that allowed Plump to use his name, and deprived other worthy charities of opportunities to serve,” prosecutors said in Plump’s sentencing memorandum filed on Friday. “Each time he asked for a vote, Plump lied.”
Prosecutors also recommended that Rogers, the 83-year-old longtime Democrat, be sentenced to 14 months’ imprisonment. In March, he resigned from office and pleaded guilty to conspiracy to commit mail and wire fraud and conspiracy to obstruct justice, after months of denying wrongdoing.
Prosecutors recommended that all three must jointly pay restitution of $197,950. They said they recommended shorter sentences for Rogers and Plump because of their age.
“Rogers convinced Kindall to accept full responsibility for the crimes they committed, and falsely stated that Rogers was not involved in the scheme, in exchange for Rogers’ promise to pay Kindall’s mortgage and take care of her children if Kindall went to prison,” prosecutors said in the filing.
They also noted a second case, in which Kindall pleaded guilty to stealing retirement benefits for years after her parents died. She also will be sentenced in that case on July 26.
In February, Kindall pleaded guilty to conspiracy to commit mail and wire fraud, wire fraud and obstruction of justice She also pleaded guilty to stealing $88,000 from federal agencies via Social Security, worker’s compensation and pension benefits last September.