Day of reckoning for corporate "bad guys"
By Bill Berkrot
NEW YORK, Oct 2 (Reuters) - "We aim to put the bad guys in prison and take away their money."
Sounding a bit like John Wayne from an old Hollywood Western, U.S. Deputy Attorney General Larry Thompson voiced the simple goal of authorities as they took aim at bringing down Andrew Fastow, one of the key players at the center of the collapse of Enron Corp <ENRNQ.PK> .
While Thompson was speaking about the case of the former Enron chief financial officer, he could easily have been referring to other high-profile figures involved in major corporate scandals who on Wednesday also took the long walk to the halls of justice.
Douglas Faneuil, a key figure in the ImClone-Martha Stewart insider trading probe, and three members of the Rigas family, who allegedly looted cable TV company Adelphia Communications Corp., were also forced to face the music Wednesday.
Escorted by FBI agents, a grim-looking Fastow, wearing a gray suit, red tie and government-issued bracelets securing his hands behind his back, arrived at Houston's federal courthouse just blocks from the former office where he allegedly cooked up the schemes that helped destroy the energy giant.
The highest-ranking Enron official charged in the Justice Department's criminal probe, Fastow, 40, was charged with securities fraud, wire fraud, mail fraud, money laundering and conspiracy over secret, complex deals struck by the energy company.
If convicted, Fastow faces maximum penalties of 20 years in prison for money laundering, 10 years for securities fraud, five years each for mail and wire fraud, and from five to 20 years for the conspiracy charges, officials said.
The government was seeking forfeiture and freezing of a total of $37 million allegedly derived from illegal activity at Enron by Fastow and his family members.
Fastow was expected to be released on a $5 million bond -- a mere fraction of the billions lost in the Enron collapse. His lawyer, John Keker, said that Fastow never believed that he was committing a crime while working for Enron and said Fastow "...welcomes the opportunity to prove the truth about Enron."
In contrast to a pale-looking Fastow, a seemingly relaxed Faneuil, 27, arrived at the FBI building in New York with his attorneys.
The Merrill Lynch brokerage assistant pleaded guilty to a misdemeanor in Manhattan federal court, where he was charged with accepting gifts in exchange for not telling authorities what he knew about a controversial stock sale now under investigation.
The criminal complaint against Faneuil did not mention Martha Stewart by name, but cited details of a stock sale nearly identical to Stewart's sale of nearly 4,000 shares of ImClone Systems Inc. <IMCL.O> stock a day before the biotechnology company announced its experimental cancer drug would not be reviewed by U.S. regulators, sending the share price plummeting.
While Faneuil faces a maximum sentence of one year in prison, he was released in his own recognizance and will most likely avoid jail in exchange for testimony that could spell trouble for domestic diva Stewart and his boss at Merrill, Stewart's broker, Peter Bacanovic, who was also broker to former ImClone chief Samuel Waksal.
Merrill Lynch on Wednesday announced that both Faneuil and Bacanovic had been fired. The two had been on paid leave since June.
Also in New York, Adelphia founder and former Chief Executive John Rigas, 78, and sons Timothy and Michael -- also senior company executives -- who were taken from their homes in handcuffs in July, pleaded not guilty in U.S. District Court to charges of conspiracy and securities, wire and bank fraud for alleged actions that helped drive the cable company to bankruptcy.
The Rigas' were accused of improper use of company funds for everything from personal loans to constructing a $13 million golf course on the senior Rigas' property. All three Rigas family members pleaded not guilty to the charges on Wednesday.
The government is seeking $2.5 billion in forfeitures, representing illegal proceeds from the alleged scheme.
The maximum sentences for conspiracy and wire fraud are five years in prison and a $250,000 fine. Securities fraud carries a maximum of 10 years in prison and a $1 million fine for each count. Bank fraud carries a maximum of 30 years in prison and a $1 million fine.
With words that could bring a shudder to other corporate executives, Thompson said Wednesday's legal action against Fastow, "moved the government that much closer to securing just punishment and recompense for the truly massive fraud that has been directed against America's investors." 10/02/02 20:03 ET Copyright 2002 Reuters Limited. All rights reserved. Republication or redistribution of Reuters content, including by framing or similar means, is expressly prohibited without the prior written consent of Reuters. Reuters shall not be liable for any errors or delays in the content, or for any actions taken in reliance thereon. All active hyperlinks have been inserted by AOL. |