To: Cactus Jack who wrote (60610 ) 2/19/2004 4:38:48 PM From: Sully- Read Replies (2) | Respond to of 65232 Indictment puts Skilling at center of Enron fraud Reuters, 02.19.04, 3:57 PM ET By Matt Daily HOUSTON (Reuters) - An indictment unsealed by federal prosecutors Thursday laid the blame for Enron Corp.'s exaggerated profits and its effort to cover up debts squarely on Jeffrey Skilling, the bankrupt energy trader's former chief executive. The indictment did not mention former Enron Chairman Kenneth Lay, the company's top executive at the time of its collapse, who has not yet faced any criminal charges. Skilling, 50, the highest-ranking Enron official prosecuted so far, was charged with 35 criminal counts for shuffling money-losing operations off the company's books, then hiding the losses from investors and government regulators while selling his stock on inside information. He pleaded not guilty at an initial court hearing. If convicted, Skilling could potentially face 325 years in prison and fines of more than $80 million. Skilling, charged under a new indictment that superseded the one filed against former Enron chief accounting officer Richard Causey last month, was among "the principal architects of the scheme to manipulate Enron's reported financial results and to present Enron in a misleading manner," according to the government's court filing. Among his co-conspirators was former Chief Financial Officer Andrew Fastow, according to prosecutors. Fastow has been cooperating with the government investigation as part of his plea deal struck last month that would limit his prison sentence to 10 years. Skilling has previously denied any responsibility in the downfall of the company, once the nation's seventh largest, and has said he had no knowledge of any accounting fraud. That claim must be disproved by prosecutors, according to a white collar crime expert, or nearly all the charges could fall apart. "If he can prove he did not have knowledge that the books were cooked, (the charges) may all fall by the wayside," said Mark Biros, a former federal prosecutor now in private practice with Proskauer Rose in Washington, D.C. Among the charges Skilling faces is one count of conspiracy to commit securities fraud and wire fraud by working with others in the company to hide losses in order to meet or beat Wall Street's earnings expectations. He has also been accused of securities fraud for using an off-balance-sheet "special purpose entity" to illegally hide the company's debt, as well as four counts of wire fraud for sending money to those partnerships. Seven counts were lodged against Skilling and Causey for filing fraudulent quarterly and annual reports to the Securities and Exchange Commission between March 2000 and August 2001. Another six fraud charges related to deceptive presentations Skilling gave to analysts from April 2000 to July 2001, according to the indictment. Prosecutors also filed six counts against Skilling for making false statements to auditors by claiming the financial statements were correct and certifying the company's annual results filings. Skilling's lawyers told reporters at the courthouse their client was being singled out for blame in one of the worst corporate scandals in U.S. history. "I guess they need a scapegoat, and Jeff Skilling is that scapegoat," attorney Daniel Petrocelli told reporters. Copyright 2004, Reuters News Serviceforbes.com