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Non-Tech : The ENRON Scandal -- Ignore unavailable to you. Want to Upgrade?


To: Mephisto who wrote (5150)5/26/2006 4:09:54 PM
From: Skywatcher  Read Replies (1) | Respond to of 5185
 
Good BYE kennyboy...you sorry excuse for a human being
Lay Says He's 'Shocked' at Enron Verdict
Friday May 26, 12:47 pm ET
By Michael Graczyk, Associated Press Writer
Lay 'Shocked' and Skilling 'Disappointed' at Their Convictions in Enron Collapse

HOUSTON (AP) -- Kenneth Lay and Jeffrey Skilling were known as visionaries, hands-on executives, corporate titans directing the high-flying ship at Wall Street darling Enron Corp. Add another title: convicted felons.
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"Certainly we're surprised," a shaken Lay said Thursday after a jury capped a four-month-long fraud and conspiracy trial and in its sixth day of deliberations returned guilty verdicts against him and Skilling. "I think it's more appropriate to say we're shocked. This is not the outcome we expected."

Besides all six counts in the main trial, Lay, Enron's founder, also was convicted of four charges of bank fraud and making false statements to banks in a separate non-jury trial before U.S. District Judge Sim Lake related to his personal finances.

Skilling was convicted of 19 counts of fraud, conspiracy and insider trading at a trial spawned by one of the biggest business scandals in U.S. history, the toppling of a high-profile energy trader that once was the nation's seventh-largest company.

"Obviously, I'm disappointed," the former Enron chief executive said. "But that's the way the system works."

Lake set Sept. 11 as sentencing date for Skilling and Lay. Legal experts, while not questioning the pair eventually would be spending time behind bars, predicted another fierce courtroom battle over the duration of their likely prison time.

Skilling faces a maximum of 185 years in prison. For Lay, the fraud and conspiracy convictions carry a combined maximum punishment of 45 years. The bank fraud case adds 120 years, 30 years on each of the four counts.

While the reality is the sentences will be considerably less under federal sentencing guidelines, for Lay, 64, a likely double-digit term could be the equivalent of a life sentence, said Kirby Behre, a former federal prosecutor in Washington who wrote the government's white-collar sentencing guide.

"They're both facing 20-plus years," he said. "You do 20 years, and that's entirely conceivable, you're looking at life. And people don't age well in prison.

"Lay may catch a break, but Skilling doesn't have that. He's looking well north of 20 years."

"They'll each be in a prison uniform," agreed Douglas Young, a San Francisco-based white collar defense lawyer who's followed the case. "But I don't think 100 years or 50 years."

Whatever their incarceration, he said, it could be stalled for a year or more.

"They have excellent defense lawyers," Young said. "I think they performed extremely well. They tried a heck of a good case. Sometimes it works. Sometimes it doesn't. That same quality is going to go into post-trial motions, advocacy motions.

"Expect the same level of intensity."

The common practice will be for lawyers to ask the judge to allow them to self report, giving them time to get their affairs in order and show up on their own.

"Whether the judge lets them depends on the strength of post-trial motions," Young said.

He said one avenue for appeal could be Lake's instruction to jurors that Lay and Skilling could be found guilty even if they did not know about the fraud if the facts showed they should have known and were willfully ignorant of it.

"Chances are very slight," Behre said of appellate success. "You need a total screwup and that would have been something you heard about, some outrage from the trial.

"Nothing has jumped out from what I've seen that would make it appear there's some very good appellate issues."

Jurors found the men, who received tens of millions in pay and stock options, repeatedly lied to cover up accounting tricks and business failures that led to the company's 2001 demise. The collapse wiped out more than $60 billion in market value, almost $2.1 billion in pension plans and 5,600 jobs.

The conspiracy conviction was a major win for the government, serving almost as a bookend to an era that has seen prosecutors win convictions against executives from WorldCom Inc. to Adelphia Communications Corp. and homemaking maven Martha Stewart. The public outrage over the string of corporate scandals led Congress to pass the Sarbanes-Oxley act, designed to make company executives more accountable.

"There's a lot of losers in this," Kathy Harrison, one of the Lay-Skilling jurors said. "There was obviously a winning side but there's too much hurt here."

She said she hoped companies would look at the verdict and "be more aware."

"They must be more conscientious in all the endeavors they carry out," she said.

"I did have admiration for both men, just what they accomplished in their careers," another juror, Wendy Vaughan, said. "It was sad to see that at end it wasn't accomplished in a respectful manner, having to hurt so many people to get there."

She worried, however, whether the panel's verdict and justice will "really prevail or will the almighty dollar be the winner again."

The pair's sentencing will come five years almost to the day after Skilling sold 500,000 shares of Enron stock for $15.5 million, for which he was convicted of insider trading. He was acquitted on the remaining nine insider trading charges.

Skilling remains free on $5 million bond, which restricts him to the continental U.S. Lay, whose friendship decades earlier with the family of former President George H.W. Bush earned him the nickname Kenny Boy from the future President George W. Bush, surrendered his passport and posted a $5 million bond secured with property at a hearing following Thursday's verdict.

The Enron founder also was ordered to stay in the Southern District of Texas or Colorado.

The government's victory caps a 4 1/2-year investigation that resulted in 16 guilty pleas from ex-Enron executives, including former Chief Financial Officer Andrew Fastow and former Chief Accounting Officer Richard Causey.

All are awaiting sentencing later this year except for two, who either finished or are still serving prison terms.

"You can't lie to shareholders, you can't put yourselves in front of your employees' interests," prosecutor Sean Berkowitz said outside the courthouse. "No matter how rich and powerful you are, you have to play by the rules."

AP Business Writer Kristen Hays and National Writer Erin McClam contributed to this report.



To: Mephisto who wrote (5150)5/26/2006 4:27:26 PM
From: Skywatcher  Respond to of 5185
 
Enron Bosses--Guilty; George Bush--Guilty

By John Nichols, TheNation.com. Posted May 25, 2006.

The biggest Enron fraud is Bush's claim that he was not close to now-convicted Enron founder Ken Lay.
The man who paid many of the biggest bills for George Bush's political ascent, Enron founder Kenneth Lay, has been found guilty of conspiracy and fraud almost five years after his dirty dealings created the greatest corporate scandal in what will be remembered as an era of corporate crime.

On the sixth day of deliberations following the conclusion of a long-delayed federal trial, a Houston jury found Lay guilty on six counts of fraud and conspiracy. In a separate decision, US District Judge Sim Lake ruled that Lay was guilty of four counts of fraud and making false statements.

The same jury that convicted Lay found Enron's former chief executive, Jeffrey Skilling, guilty on 19 counts of fraud, conspiracy, making false statements and engaging in insider trading.

Lay, who President Bush affectionately referred to as "Kenny-boy" when the two forged an alliance in the 1990s to advance Bush's political ambitions and Lay's business prospects, contributed $122,500 to Bush's gubernatorial campaigns in Texas. Lay would later explain to a PBS "Frontline" interviewer that, though he had worked closely with former Texas Governor Ann Richards, the Democrat incumbent who Bush challenged in 1994, he backed the Republican because "I was very close to George W."

Needless to say, once Bush became governor, Lay got his phone calls returned. A report issued by Public Citizen in February 2001, months before the Enron scandal broke, identified Lay as "a long-time Bush family friend and an architect of Bush's policies on electricity deregulation, taxes and tort reform while Bush was Texas governor."

No wonder Lay had Enron give $50,000 to pay for Bush's second inaugural party in Austin in 1999 -- a showcase event that was organized by Karl Rove and others to help the Texas governor step onto the national political stage. After Bush gave Enron exactly what it wanted in 1999, by signing legislation that deregulated the state's electrical markets, Lay knew he had found his candidate for president.

When Bush opened his campaign, Lay opened the cash spiggots.

As a "Bush Pioneer" in the run-up to the 2000 presidential election, Lay was a key member of the Bush campaign's fund-raising inner circle. Under Lay's leadership, Enron ultimately gave Bush $550,025, making the corporation the Texan's No. 1 career patron at the time the 2000 election campaign began, according to the Center for Public Integrity. Lay personally pumped almost $400,000 into Republican hard- and soft-money funds, while Enron slipped another $1.5 million into the GOP's soft-money cesspool.

But that was just the beginning. Lay sent a letter to Enron executives urging them to contribute to Bush's campaign. More than 100 of them -- including Skilling, a major Bush giver since 1993, when he cut his first $5,000 check to GW's gubernatorial campaign -- did just that. Dozens of spouses wrote, including "homemaker" and frequent $10,000 donor Linda Lay, gave as well, making the Enron "family" a prime source of the money that gave Bush his early advantage over Republican rivals such as Arizona Senator John McCain.

All told, it is estimated that, over the years prior the company's bankruptcy, Lay, his company and its employees contributed close to $2 million to fund George W. Bush's political rise.

Lay found other ways to help, as well. He put Enron's corporate jets at the disposal of the Bush campaign in 2000. He kicked in $5,000 to pay for the Florida recount fight, while a top Enron "consultant," former Secretary of State James A. Baker III, ran the Republican's recount effort. He even paid for his own bookkeeping, chipping in $1,000 to help the Bush-Cheney campaign comply with campaign-finance laws. And Lay and Enron gave $300,000 to underwrite the Bush-Cheney inauguration festivities in 2001. Did all that giving pay off? You bet!

Lay was appointed as one of five members of the elite "Energy Department Transition Team," which set the stage for the Vice President Dick Cheney's energy task force and administration policies designed to benefit corporations such as Enron. A report on "Bush Administration Contacts with Enron," compiled at the request of Congressman Henry Waxman, D-California, by the minority staff of the Special Investigations Division of the House Committee on Government Reform, U.S. House of Representatives, found evidence of at least 112 contacts between Enron and White House or other Administration officials during the month prior to the corporation's very-public collapse in late 2001. At least 40 of those contacts involved top White House officials, including Vice President Dick Cheney, presidential advisor Karl Rove, White House economic advisor Lawrence Lindsey, White House personnel director Clay Johnson III, and White House energy task force director Andrew D. Lundquist.

As Waxman explained in a 2001 interview, "The fact of the matter is that Enron and Ken Lay, who was the Chief Executive Officer of Enron, had an extraordinary amount of influence and access to the Bush Administration. Lay was called a close friend by both the President and the Vice President. When the Vice President chaired an Energy Task Force, Ken Lay had an opportunity to meet privately with the Vice President and to have a great deal of influence in their recommendations."

Bush and his aides have worked hard since the Enron scandal broke to suggest that Lay was just another generous Texan. But the attempts to deny linkages to the now-convicted corporate criminal never cut water with Lone Star-state watchdog Craig McDonald, the director of Texans for Public Justice.

"President Bush's explanation of his relationship with Enron is at best a half truth," McDonald said after Bush first tried to distance himself from Lay and other Enron executives. "He was in bed with Enron before he ever held a political office."

As governor and president, Bush maintained that intimate relationship. Now that his strange bedmate have been convicted of fraud, isn't it time for the president to end the fraud of claiming that he was ever anything less than a political partner of Lay and the Enron team?

John Nichols is The Nation's Washington correspondent.