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Hogarth judge

December 2017

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Hogarth judge

Convicted Enron CEO dead

Kenneth Lay is dead. He was 64, and apparently collapsed of a heart attack.

Something about this that makes you go "Hmmmmm. . . ." He was due to be sentenced in October; an appeal from his conviction was apparently pending at the time his death. On his blog, law professor Peter J. Henning cites Federal precedents that say that "(i)t is well established in this circuit that the death of a criminal defendant pending an appeal of his or her case abates, ab initio, the entire criminal proceeding." United States v. Asset, 990 F.2d 208 (5th Cir. 1993). In a recent Fifth Circuit decision, United States v. Estate of Parsons, 367 F.3d 409 (5th Cir. 2004), the court explained that "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."

I don't think it's beyond the realms of possibility that Lay was persuaded by legal advice to do the honourable thing for a fellow in his situation. I also don't think it's beyond the realms of possibility that his death may be a hoax. No word as far as I know as to whether an autopsy will be performed, or what measures will be taken to secure the identity of the corpse. It would appear that, at least under the 5th Circuit's rules, his conviction is now a nullity; meaning that it no longer has any necessary effect in the various civil cases now pending, either. The Fifth Circuit, headquartered in New Orleans, covers Texas, Louisiana, and Mississippi.
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Comments

(Anonymous)

Yeah - suspiciously convenient. Especially since a lot of wealthy folks would probably not want to see a precident like that established...
We saw this piece this morning. While we agree that it's the whole system, not just one villain like in a comic book, he was part of the system. You have the choice in a situation like that. You can blow the whistle and expose what's going on or you can stuff as much into your pockets as possible, and we know what he chose.

Our personal feeling about it is closer to the guy signing himself "Ned in Miami". He was already going to get off easy.

My guess is that if he is really dead, he was offed to shut him up -- to keep him from writing a tell-all book. We didn't know about the law that the whole thing gets wiped clean because he had an appeal in the works at the time. Now -- if he is dead, what happens to all that money? Obviously, it won't be going back to the people.

Andy thinks it's a hoax and that Kenny-boy is even now sitting in a deck chair somewhere on a floating tropical island with a cool glass of lemonade. He says that what do you want to bet that Skilling and the rest of them will similarly drop "dead"?