Lay, Skilling convicted in Enron collapse
HOUSTON (AP) - Former Enron Corp. chiefs Kenneth Lay and Jeffrey
Skilling were convicted Thursday of conspiracy to commit securities
and wire fraud in one of the biggest business scandals in U.S.
history.
The verdict put the blame for the 2001 demise of the
high-profile energy trader, once the nation's seventh-largest
company, squarely on its top two executives. It came in the sixth
day of deliberations following a trial that lasted nearly four
months.
Lay was also convicted of bank fraud and making false statements
to banks in a separate trial non-jury trial before U.S. District
Judge Sim Lake related to Lay's personal banking.
Lay was convicted on all six counts against him in the trial
with Skilling. Skilling was convicted on 19 of the 28 counts
against him, including one count of insider trading, and acquitted
on the remaining nine.
"Obviously, I'm disappointed," Skilling told reporters outside
the courthouse. "But that's the way the system works."
Skilling's lawyer, Dan Petrocelli, said the verdict "doesn't
change our view of what happened at Enron ... or Jeffrey Skilling's
innocence."
Lay did not come outside the courthouse to speak with reporters
immediately after the verdict.
Lake told jurors, "you have reflected on this evidence for the
last few days and reached a very thorough verdict, and I thank
you."
He set sentencing for Sept. 11.
Lake set a $5 million bond for Lay and ordered him to surrender
his passport before he leaves the courthouse. The judge said the
bond already in place for Skilling was sufficient. The judge said
he did not believe home confinement was necessary for either.
The former corporate titans are now felons facing years in
prison after being convicted of running an elaborate fraud that
gave the company a glamorous illusion of success.
Jurors declared through their verdict that both men repeatedly
lied to cover a vast web of unsustainable accounting tricks and
failing ventures that shoved Enron into bankruptcy protection in
December 2001.
The conviction was a major win for the government, serving
almost as a bookend in 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 series of corporate scandals led Congress
to pass the Sarbanes-Oxley act, designed to make company executives
more accountable
The panel rejected Skilling's insistence that no fraud occurred
at Enron other than a few executives skimming millions from secret
scams behind his and Lay's backs, and a lethal combination of bad
press and poor market confidence sank the company.
Both men testified in their own defense. Skilling is expected to
appeal.
The government's victory caps a 4 1/2 year investigation that
nabbed 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 serving prison terms.
Many deemed the outcome of the Lay-Skilling case a final exam of
sorts of the federal government's ability to prove complicated
corporate skullduggery.
Enron's implosion and the subsequent scandals vexed Wall Street,
sent skittish investors fleeing, increased regulatory scrutiny over
publicly traded companies and prompted Congress to stiffen white
collar penalties.
Former WorldCom head Bernard Ebbers awaits a 25-year prison term
for orchestrating the $11 billion accounting fraud that bankrupted
the company. Stewart did five months in prison and more time
confined to work and home for lying about a stock sale. Adelphia
Communications Inc. founder John Rigas and his son got double-digit
prison terms for looting their company.
HealthSouth Corp. founder Richard Scrushy bucked the trend with
his acquittal last year of fraud charges despite five former
finance chiefs pointing the finger at him in a $2.7 billion scheme
to inflate earnings. He dropped in on the Lay-Skilling case during
Fastow's lengthy testimony in March, saying the ex-CFO couldn't be
believed.
But those cases were much simpler than that against Lay and
Skilling.
The government's vast investigation seemed to stall until Fastow
pleaded guilty in January 2004 to two counts of conspiracy and
paved the way for prosecutors to secure indictments against his
bosses. Fastow also led investigators to Causey, who was bound for
trial alongside Lay and Skilling until he broke ranks with their
unified defense and pleaded guilty to securities fraud just weeks
before the trial began.
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