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The reeling prosecution in the Skilling case
On the heels of the U.S. Supreme Court's decision earlier this year to hear Conrad Black's appeal of his criminal conviction on honest services wire-fraud charges under 18 U.S.C. § 1346 ("Section 1346), the Court yesterday granted former Enron...
Not a good week for freedom
First, in the face of a duplicitous government prosecution and a draconian trial penalty, Kevin Howard was forced to plead guilty to a crime that he did not commit. Then, the executive branch of the federal government, unchecked by...
The thin line of business criminality
In this earlier post regarding former Enron Broadband CFO Kevin Howard's recent plea deal, I predicted that the factual basis for the plea deal would barely describe wrongdoing, much less criminality. Turns out I was right. Check out paragraph...
Chalk up another trial penalty deal
With no valid case against former Enron Broadband CFO Kevin Howard, what was the Department of Justice to do? Rattle the saber of the trial penalty and cut a deal. On one hand, the deal appears to be an...
The state of the Skilling case
The attorneys for former Enron CEO Jeff Skilling filed a petition for a writ of certiorari with the U.S. Supreme Court yesterday, which is quite interesting and is being widely reported in the mainstream media. However, as interesting as...
Skilling fires back
As noted earlier here, the Fifth Circuit Court of Appeals panel decision in former Enron CEO Jeff Skilling's appeal of his criminal conviction was unusual in several respects. For example, even though the three-judge panel reversed Skilling's sentence and...
The DOJ loses another Enron criminal case
As expected, the Fifth Circuit denied the government's appeal yesterday of U.S. District Judge Vanessa Gilmore's decision to vacate the final count of the government's odious five count conviction against former Enron Broadband CFO Kevin Howard. The Fifth Circuit's decision...
The rotting Enron criminal prosecutions
You won't read about it much in the mainstream media, but the Enron-related criminal prosecutions increasingly smell like a rotting carcass. After Jeff Skilling was lynched by an angry mob, most of the mainstream business media moved on to other...
Talk about a misleading P.R. campaign
Get a load of this press release (hat tip Ellen Podgor) from the Department of Justice heralding the five year anniversary of the DOJ's Corporate Fraud Task Force. Here is the press release's description of the Task Force's accomplishments in...
The influence of junk evidence on juries
What do the juries in the Conrad Black , Dr. William Hurwitz and the Enron-related criminal trials have in common? In response to the verdict in Lord Black's trial, Professor Bainbridge observed that the result appeared to be a "compromise"...
The Glisan Interview
Tongues were wagging all over Houston this weekend as a result of Wall Street Journal reporter John Emshwiller's exclusive interview ($) with former Enron treasurer and Andy Fastow confidant, Ben Glisan (excerpts of the interview are here). The theme of...
The embarrassment that is the Enron Task Force
Remember when the Wall Street Journal characterized the Enron Task Force as having "a good record overall?" Well, the latest development in that "good record" is that the Department of Justice Criminal Division -- the successor to the disassembled Task...
DOJ throws in the towel on appealing the Fifth Circuit's Nigerian Barge decision
The Chronicle's Kristen Hays reports on the news that was bubbling through the Houston legal community on Thursday afternoon -- the Department of Justice has decided not to mount an appeal to the U.S. Supreme Court of the Fifth Circuit...
Judge Gilmore vacates Kevin Howard's conviction
As predicted in this prior post, U.S. District Judge Vanessa Gilmore this afternoon vacated the conviction of former Enron Broadband executive Kevin Howard (prior posts here) on five counts of conspiracy, wire fraud, and falsifying books and records. A copy...
The injustice of the Jeff Skilling case
In a few days, unless the Fifth Circuit grants his motion to remain free on bond pending appeal of his conviction, Jeff Skilling will report to prison to begin serving a 24-year prison sentence. The image of Skilling entering that...
The Enron Task Force's next loss
This earlier post highlighted the Enron Task Force's extraordinary concession regarding the invalidity of four of five counts upon which the the conviction of former Enron Broadband executive Kevin Howard was based. As noted in that post, the Task Force...
The Enron Task Force's extraordinary admission
Flying somewhat beneath the radar screen of the lynch mob that is fascinated with watching former Enron CEO Jeff Skilling imprisoned for the rest of his life is the case of former Enron Broadband executive, Kevin Howard. As you may...
The Skilling sentencing hearing
Former Enron CEO Jeff Skilling's sentencing hearing is Monday afternoon, so it's a good time to provide some links that will provide a basis for an objective evaluation of Skilling's case as a counterbalance to what the mainstream media typically...
More ripples from the Fifth Circuit's Nigerian Barge decision
Amidst the publicity on the Andy Fastow sentence and the upcoming sentencing hearing of Jeff Skilling, the legal wrangling related to the conviction of former Enron Broadband executive Kevin Howard (previous posts here) has been flying somewhat under the radar...
The WSJ said what about the Enron Task Force?
The Wall Street Journal has had a spotty record in covering the corporate scandals that emanated from the stock market bubble of the late 1990's, as noted earlier here, here and here in regard to its coverage of the Enron...
Can the NatWest Three receive a fair trial in Houston?
Barry Turner, lecturer in criminal law and criminal evidence at Leeds Law School, makes the following declaration in this Times Online blog post regarding the NatWest Three, who are presently awaiting a bond hearing in Houston in regard to the...
Harmless error?
This previous post passed along the motion of former Enron Broadband executive Kevin Howard's motion for new trial based on serious allegations of juror misconduct and ex parte communications between the trial judge and the jury during deliberations (previous posts...
Rumblings from the jury room of the first Enron Broadband retrial
As noted in this earlier post, U.S. District Judge Vanessa Gilmore's decision to conduct the re-trial of former Enron Broadband executives Kevin Howard and Michael Krautz during the latter stages of the media-saturated Lay-Skilling trial was highly prejudicial to Howard...
Enron Broadband jury splits the baby
The jury in the first re-trial of the Enron Broadband case that ended in a mess of acquittals and a mistrial last year convicted former EBS CFO Kevin Howard (picture on the left) this afternoon on all five counts --...
Closing arguments in the first Enron Broadband re-trial
Inasmuch as I had a couple of hearings yesterday in federal court, I was able to slip in and watch most of the closing arguments of the Enron Task Force's case against former EBS CFO Kevin Howard (picture on the...
First Enron Broadband re-trial goes to the jury today
Almost ignored amidst the media's unprecedented focus on the Lay-Skilling trial, the first re-trial in the Enron Broadband case will go to the jury today after the prosecution and defense attorneys complete their closing arguments, which are expected to last...
First Enron Broadband re-trial begins today
The three-month trial last year of five former Enron Broadband Services (nicknamed "EBS") executives on fraud and insider trading charges ended in a disastrous mix of acquittals and a mistrial for the Enron Task Force. So, this time around, U.S....
Where it first does not succeed, the Enron Task Force tries, tries again
The Chronicle's Mary Flood reports in this article that the Enron Task Force has obtained three "streamlined" indictments against the five former Enron Broadband executives who were the subject of the previous failed Task Force prosecution over the same subject...
Criminal case against former Duke Energy traders goes to trial
It's not as sexy as some of the Enron-related criminal trials, but the trial of two former Duke Energy natural gas traders began in Houston federal court yesterday. Former Duke traders Timothy Kramer and Todd Reid face racketeering, conspiracy, wire...
2006 -- The Enron Trial Year
Over four years after Enron's descent into bankruptcy, 2006 is shaping up as the year of the Enron criminal trials. First, in mid-January, the trial of the Enron Task Force's legacy Enron case -- i.e., the trial that everyone will...
A crushing defeat for the Enron Task Force
In yet another stunning blow in a series of setbacks to the Enron Task Force, the jury in the Enron Broadband trial returned late this afternoon and advised U.S. District Judge Vanessa Gilmore that they had acquitted three of the...
Weissman steps down as Enron Task Force chief
In a development that is intriguing by its timing, Andrew Weissmann is resigning as director of the Justice Department's Enron Task Force, reportedly to enter private practice, although that report has not been confirmed. Another Task Force prosecutor -- Sean...
More misconduct by the Enron Task Force?
As this Chronicle article reports, the evidentiary phase of the Enron Broadband trial closed on Friday as the prosecution rested after putting on a thankfully short rebuttal case that lasted less than a day in a trial that just finished...
The end is in sight in the Enron Broadband trial
After three often tortuous months, the end is finally in sight for the Enron Broadband trial, the Chronicle's Mary Flood reports today. The last of the five defendants to testify -- former Enron Broadband Services CFO, Kevin Howard -- took...
Meanwhile, checking in on the Enron Broadband trial
With the Scrushy trial out of the way, those interested in the criminalization of business are now focusing on the Enron Broadband trial, which is slogging through its eleventh week. Houston Chronicle Enron reporter Mary Flood battles through the chloroforming...
The Enron Broadband Trial
Almost three and a half years after Enron collapsed into bankruptcy, the first criminal trial involving exclusively former Enron executives will crank up in front of U.S. District Judge Vanessa Gilmore in Houston federal court on Monday. Here is the...
Enron Broadband defendant pleads guilty
Ken Rice, the former head of Enron’s broadband Internet business, became the 11th person to plead guilty to an Enron-related crime when he admitted to a single count of securities fraud this morning before U.S. District Judge Vanessa Gilmore in...
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