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Strategies & Market Trends : The Epic American Credit and Bond Bubble Laboratory -- Ignore unavailable to you. Want to Upgrade?


To: John Vosilla who wrote (65283)7/5/2006 4:11:01 PM
From: shades  Read Replies (1) | Respond to of 110194
 
They Killed Kenny - BASTARDS!

The guilt for letting down shareholders, employees and the city of Houston was too much for him.



Remember victor yushencko - the economic hitman perkins - hamas arrest by israeli's - state sponsored murder is all around you Vosilla. Either Kenny Lay was murdered or is on an island with Elvis sipping martini's - I don't believe for one second that the trial of the century about the biggest scandal on wallstreet just happened to have the key guy fall over dead before he could finger the other crooks. Pathetic - I am so disgusted.



To: John Vosilla who wrote (65283)7/5/2006 7:28:53 PM
From: shades  Respond to of 110194
 
Mo Money - Mo Problems

(what do you think Vosilla? Is this Justice?)

siliconinvestor.com

Since Lay is already tried and convicted the correct question is can his estate be criminally fined?

Forwarded from an attorney...

Under the Fifth Circuit's law of abatement of a criminal conviction when a defendant dies before appellate review of the conviction, it is well established that the death of a criminal defendant pending an appeal of his or her case abates, ab initio, the entire criminal proceeding.

The appeal does not just disappear, and the case is not merely dismissed. Instead, everything associated with the case is extinguished, leaving the defendant as if he had never been indicted or convicted. In United States v. Estate of Parsons, 367 F.3d 409 (5th Cir. 2004), the court vacated a forfeiture order, which means that the government's forfeiture claim against Lay for $43.5 million will likely be dismissed also.

The logic? The state should not label anyone as guilty until he has exhausted his opportunity to appeal. The punishment principle asserts that the state should not punish a dead person or his estate.

Civil claims against Lay however, like the securities class action will continue against his estate. However, because the criminal conviction is wiped out, the plaintiffs probably cannot rely on it as proof in their case.