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Kenneth Lay's Conviction Erased From Record
Washington Post ^ | October 17, 2006 | Carrie Johnson

Posted on 10/17/2006 1:01:03 PM PDT by jmc1969

A federal judge in Houston this afternoon wiped away the fraud and conspiracy conviction of Kenneth L. Lay, the Enron Corp. founder who died of heart disease in July, bowing to decades of legal precedent but frustrating government attempts to seize nearly $44 million from his estate.

The ruling worried employees and investors who lost billions of dollars when the Houston energy trading company filed for bankruptcy protection in December 2001. It also came weeks after Congress recessed for the November elections without acting on a last-ditch Justice Department proposal that would have changed the law to allow prosecutors to seize millions in investments and other assets that Lay controlled.

With the judge's order, Lay's conviction on 10 criminal charges will be erased from the record. "The indictment against Kenneth L. Lay is dismissed," U.S. District Judge Simeon T. Lake III wrote in a spare, 13-page order.

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Crime/Corruption; News/Current Events
KEYWORDS: howconvenient
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1 posted on 10/17/2006 1:01:04 PM PDT by jmc1969
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To: jmc1969

Just dam!


2 posted on 10/17/2006 1:01:59 PM PDT by Froufrou
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To: jmc1969

The dems must be having fits.


3 posted on 10/17/2006 1:02:38 PM PDT by OldFriend (ANNOY THE MEDIA ~ VOTE REPUBLICAN)
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To: jmc1969

Get ready for replayed TV footage of some former Enron employees weeping about how Ken Lay destroyed their lives - with an obligatory reiteration of the claim that Lay and the President were buddies.


4 posted on 10/17/2006 1:03:14 PM PDT by wideawake ("The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge)
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To: jmc1969
if the gov't seized the assets, they'd have to be paid out. if they don't, the gov't can at least "seize" some of them by taxation.

Am I oversimplifying?

5 posted on 10/17/2006 1:03:26 PM PDT by the invisib1e hand (* nuke * the * jihad *)
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To: the invisib1e hand
Not really.

The questions remain: how much is left after litigation and how much of it has been placed in tax-sheltered vehicles?

My guess is that the government's aggressiveness stems from the likely tax efficiency of Lay's financial planning.

6 posted on 10/17/2006 1:05:35 PM PDT by wideawake ("The nation which forgets its defenders will itself be forgotten." - Calvin Coolidge)
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To: jmc1969
A man accustomed to flying in private jets and mingling with the Bush family, foreign diplomats, and owners of professional sports teams,

How Enron Worked the President ... (This is an interesting bit of information that you don't hear much about.)

A. Enron's chairman did meet with the president and the vice president in the Oval Office.

B.. Enron gave $420,000 to the president's party over three years.

C.. It donated $100,000 to the president's inauguration festivities.

D.. The Enron chairman stayed at the White House 11 times.

E.. The corporation had access to the administration at its highest level and even enlisted the Commerce and State Departments to grease deals for it.

F.. The taxpayer-supported Export-Import Bank subsidized Enron for more than $600 million in just one transaction

Scandalous!!

( G.. BUT...the president under whom all this happened WASN'T George W. Bush.

SURPRISE It was Bill Clinton!

7 posted on 10/17/2006 1:06:02 PM PDT by digger48
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To: jmc1969

"changed the law to allow prosecutors to seize millions in investments and other assets that Lay controlled."

I guess they don't teach "ex post facto" in law schools any more.

I know that one, and I'm an engineer. (But I have read the Bill of Rights.)


8 posted on 10/17/2006 1:06:37 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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To: the invisib1e hand

So when he shows up in Paris or Rome alive, can he be tried again? Or is he protected by double jeopardy?


9 posted on 10/17/2006 1:07:11 PM PDT by Prodn2000
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To: jmc1969

The government won't pursue the $44 mill+, but you can bet that civil attnys for every plaintiff will sue the estate. If they can prove that the proceeds were obtained illegally, then they can make a case..Mrs Lay and the assets will be tied up in court for years..spending big $$$ for defense attys..The smartest thing she could do would be to offer the defendants , say..$30 mill..she gets to keep $14...no litigation..


10 posted on 10/17/2006 1:07:26 PM PDT by ken5050
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To: jmc1969

>>>Kenneth Lay's Conviction Erased From Record.<<<

Lay was most likely innocent, anyway. Fastow was the crooked one.


11 posted on 10/17/2006 1:08:10 PM PDT by PhilipFreneau ( Don't be a sucker for the MSM smear campaign. Vote GOP!)
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To: jmc1969
A federal judge in Houston this afternoon wiped away the fraud and conspiracy conviction of Kenneth L. Lay, the Enron Corp. founder who died of heart disease in July, bowing to decades of legal precedent but frustrating government attempts to seize nearly $44 million from his estate.

The ruling worried employees and investors who lost billions of dollars when the Houston energy trading company filed for bankruptcy protection in December 2001.

Like $44 million is going to make up for the billions of dollars that were "lost". They'll spend more money than that trying to get it from the estate. The government might as well call it quits...

12 posted on 10/17/2006 1:08:32 PM PDT by vrwc1
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To: jmc1969
If cryogenics worked, rich criminals could cheat the system by: dying right after a conviction; getting frozen; having the charges reversed on account of death; getting thawed out as soon as a "cure" is found; and then enjoying their ill-gotten gains -- including accumulated interest.


Of course, you could wind up just being a head in a jar.


13 posted on 10/17/2006 1:11:11 PM PDT by USFRIENDINVICTORIA
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To: jmc1969

Well, they "seek to change law", but obviously have not yet succeeded in changing it. Since the changed law would not be retroactive anyway, the judge did not have any choice, and did everything by the book.


14 posted on 10/17/2006 1:14:02 PM PDT by GSlob
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To: jmc1969
A federal judge in Houston this afternoon wiped away the fraud and conspiracy conviction of Kenneth L. Lay, the Enron Corp. founder who died of heart disease in July, bowing to decades of legal precedent but frustrating government attempts to seize nearly $44 million from his estate.

Since when can federal judges issue pardons? I think I read somewhere that that was only for the President.

15 posted on 10/17/2006 1:15:24 PM PDT by Centurion2000 ("Be polite and courteous, but have a plan to KILL everybody you meet.")
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To: PhilipFreneau

>>>Kenneth Lay's Conviction Erased From Record.<<<

Lay was most likely innocent, anyway. Fastow was the crooked one.

From what I read, most of the money "lost" by the employees was largely paper losses from the great increase in the value of their stock, not money they had invested. And when the stock value was appreciating, the employees were very silent about management's lack of ethics.

Somehow I have a tough time getting all worked up over this "scandal".


16 posted on 10/17/2006 1:17:44 PM PDT by newcthem (Brought to you by the INFIDEL PARTY)
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To: USFRIENDINVICTORIA

I must have missed that episode...


17 posted on 10/17/2006 1:19:27 PM PDT by trashcanbred (Anti-social and anti-socialist)
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To: Centurion2000
"Since when can federal judges issue pardons? I think I read somewhere that that was only for the President."
It was the death who issued the pardon, not a federal judge. All complains are to be addressed to it.
18 posted on 10/17/2006 1:21:04 PM PDT by GSlob
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To: newcthem

The stock went from 3 to 40 in five years and then back to 3. Personal responsibility should dictate investments, not whining greedy investors or arm chair lawyers looking for extortion after the fact.


19 posted on 10/17/2006 1:22:54 PM PDT by T. Jefferson
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To: Centurion2000

The case was on appeal when he died and not final.

Ergo, it is wiped away.

(Because you cannot prosecute the dead.)


20 posted on 10/17/2006 1:23:55 PM PDT by MeanWestTexan (Kol Hakavod Lezahal)
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