Kenneth Lay's Conviction Erased From Record

[Newsjock]

http://www.washingtonpost.com/wp-dyn/content/article/2006/10/17/AR2006101700808.html

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.

[greeneyedboy]

1. what an insult to all of those who suffered because of his crimes.

[wholetruth00]

32. This is what you get with Republicans in charge of Congress and courts.

I hope that the people who have been victimized will not let this rest and go to the polls and vote their outrage. In America, corporate criminals are regarded as heros by the elite.

[HereSince1628]

2. So, his heirs keep his ill-gotten gains?

[democraticinsurgent]

3. No, he does.

They'll be moved to his new palace in Paraguay.

;-)

[Scairp]

5. Paraguay?

Isn't that still just a little north of where he actually is?

[KansDem]

15. Why? Do you suspect he's in Argentina?

;)

[Freedom_from_Chains]

46. I think you are thinking of Purgatory. n/t

[leesa]

41. I was wondering about that newly purchased BushLand in Paraguay...

[ronnykmarshall]

4. Yup

[rinsd]

20. Likely not. Civil suits are still very much in play (nt)

[HereSince1628]

24. Well there is a hopeful notion

[keopeli]

6. Be rich, steal BILLIONS, and live in luxury - the story of Ken Lay

Anyone who thinks this schmuck is note alive is not breathing in enough oxygen.

[Nictuku]

8. I didn't believe it for a milisecond!

[rinsd]

7. Due process protects even the most vile.

[MaineDem]

9. This is beyond comprehension

At least to my mind.

[Megahurtz]

10. Oh isn't THAT just Fucking Cute?

I just can't imagine who would ever be behind that one.:eyes:

:sarcasm:
Sick, sick, sick! This Administration is just Fucking Sick!:argh:

[Demeter]

11. This Is Another Spot In Dire Need of Fixing

When the Takeover/Takeback is underway, this loophole will have to be plugged, along with some Constitutional issues.

[rinsd]

14. You want to fuck with due process and decades of legal precendent

To get one guy?

This isn't a loophole. Its a cornerstone of our legal system.

[Demeter]

17. I'd Rather Have Habeus Corpus Back

This isn't a cornerstone, this is a copout.

[rinsd]

19. "this is a copout."

The point is that someone is not truly convicted until they have exhausted their appeals process.

I am disbelief that you would throw away our due process rights to get a dead man.

[Demeter]

22. That Dead Man Got A Lot of Other People First

and there isn't a whole lot of dispute about it. This is to get the ill-gotten goods back.

[rinsd]

23. Yes, he is vile scum. But our laws protect even vile scum.

This does nothing to prevent civil suits after his estate from going forward.

It may not be as easy as if they had the conviction but they are still going to happen.

[sofa king]

27. What if he pops up tomorrow and says, "hey, I'm alive!"?

Would he be off scot free?

[onenote]

30. no

[sofa king]

31. But he's already been tried once, hasn't he?

[onenote]

35. I'm fairly certain they could reinstate the verdict

if they found it was obtained through fraud

[Sherman A1]

28. Agreed

It really sucks, but that's the way it goes. There will be civil suits by those who were injured so it ain't over.

[Sad4world]

12. Protection for Shrub

This is just another:

Shrub was an enabler in the crimes of Lay and this will help protect Shrub from any prosecution.

[Beetwasher]

13. Gee, What A "Deterrent" Our Legal System Is

It's more like an advertisement to COMMIT fraud actually. Commit fraud for billions, buy off politicians, fake your own death and keep all the money. Lovely.

[SpiralHawk]

16. Ken Lay is not dead.

You can bet your bippy on it. It's just another republicon con job.

Helps to have friends like Georgie AWOL Bush who has stolen a High Office...

Repeat: Ken Lay is not dead. He is living the high life somewhere in the lap of republicon luxury.

[LordLovesAWorkingMan]

33. "You can bet your sweet bippy"

somehow pales in comparison to actual proof. Do you have any?

I think Ken Lay is deceased.

[SpiralHawk]

37. So sorry. As of today you may no longer think what you like

The republicons have trashed habeas corpus and endorsed wholesale torture, thereby debasing and disgracing the once wonderful land of liberty, the UNITED STATES OF AMERICA.

And no doubt Key Lay approves wherever he is hiding.

[LordLovesAWorkingMan]

38. Nice Three Card Monte there

but I think the guy is dead. You can make reference to the Magna Carta for all I care, but I think the guy is dead.

And I will think what I like until I die, thanks.

[calimary]

40. My suspicions tell me it's one of two things: either he decided to kill

himself (to spare the long-suffering wifey and leave her with a nice consolation prize, not to mention leaving his record "clear" - OR he faked his own death and set up shop on the Grand Caymans or someplace (Paraguay maybe?) to wait it out til the heat dies down, and then wifey can join him. The key now will be to watch where SHE goes, and what she does from here on. If she decides to pull up stakes and leave the country, I think our worst suspicions will be confirmed.

Either way, it's just a LITTLE TOO CONVENIENT, no?

[Trillo]

18. With OJ, the 'harmed' sued.

He wasn't guilty criminally, yet he's got creditors knockin' due to civil judgments against him.

With Lay, he's was convicted, yet died (so authorities claim), so his conviction is now wiped from the record, essentially putting him in the same generalized category as OJ Simpson.

I guess it's now up to employees and investors to civil sue his estate and heirs for there to be any logistical justice to this injustice. Yet, it would appear there is one structural difference between OJ and Lay, OJ had a legal record of his criminal innocence, whereas Lay has no record of anything, for it now has been erased. Yet we are reminded regularly of the people who are convinced OJ was guilty even as he was found 'not guilty', yet will we continue to hear vile regarding Lay?

As I'm thinking of this, if there is any chance that Lay's death was faked by his friends in high places, then the next bit of justice can only be served by insuring that his estate has nothing for him to live on. Whether his death was faked or not, the employees and workers did not deserve the rooking they got.

Will there be any further recourse for them? Why does our government continue to allow common citizens to be preyed upon by the rich people hiding behind layers of corporate shells who still have financial interests even though Lay is 'supposedly' dead.

[superconnected]

29. ...

"Why does our government continue to allow common citizens to be preyed upon by the rich people hiding behind layers of corporate shells who still have financial interests even though Lay is 'supposedly' dead."

because our government is put into power by those people.

The question should be, "why do we allow it". Ask the republican voters. I try not to allow it.

[daleo]

21. Even in death, he cheated people

With, of course, the collaboration of the U.S. government.

[bluestateguy]

25. He should have been executed as soon as he was found guilty

Preferably by public hanging in downtown Houston.

[ck4829]

26. So in death, he evades justice?

[LordLovesAWorkingMan]

34. Yes, what a wily devil he is.

I mean, DYING to escape justice. No flies on him.

:eyes:

[tigereye]

36. that is sickening....

:grr:

[davidinalameda]

39. this only addresses the criminal charges

does it affect the civil

[aaronbees]

42. I would say it's unbelievable...

but in this country, it's ENTIRELY believable. Insane times.

[lithiumbomb]

43. i'm surprised at the responses here

I thought one of our main platforms was due process for everyone. How can we protest the lack of due process and rights for "enemy combatants" yet condem the due process given to Ken Lay? Everyone has a right to appeal, and since he died he obviously cannot appeal. So the conviction cannot stand. Yes it's a shame that he didn't rot in jail like he deserved, but those are the breaks.

[judaspriestess]

44. How convenient, while he relaxes somewhere in Europe

sorry I don't by this bullshit of how he conveniently died, had a quickie closed casket funeral and his story just went away.

[lovuian]

45. Ken Lay is not dead and he is hiding

Bush helped him escape and he will be found

Bush hiding criminals the ultimate abuse of power