Ken Lay's conviction tossed out by judge

[JEDI]

CNN

"A Houston judge Tuesday vacated Enron founder Kenneth Lay's fraud and conspiring convictions from the company's 2001 collapse, citing Lay's inability to appeal, according to a court administrator."

WTF?!

He was convicted. Due process was satisfied.

a person dies after a conviction gets his convition tossed because he cant appeal?! WTFBBQ!

Can someone explain this?

 

[ProfJohn]

He is dead so what else can they do to him?

The only thing this does is make it harder for the government to go after his money.

 

[PELarson]

They cited a 2004 ruling from the 5th U.S. Circuit Court of Appeals that found that a defendant's death pending appeal extinguished his entire case because he hadn't had a full opportunity to challenge the conviction and the government shouldn't be able to punish a dead defendant or his estate.

Lousy but appears not to affect the important stuff like lawsuits by former shareholders and former employees.

 

[Whoozyerdaddy]

So what happens if he rises from the dead? He's off the hook?

 

[GoPackGo]

Originally posted by: Whoozyerdaddy
So what happens if he rises from the dead? He's off the hook?

He becomes the CEO of Wolfram Hart

 

[Krakn3Dfx]

This way they can't go after his family for the financial losses suffered by so many Enron employees. Dirty judge, dirty system, no surprise here.

 

[Schadenfroh]

Originally posted by: Whoozyerdaddy
So what happens if he rises from the dead? He's off the hook?

He makes a TV sitcom about a zombie running multibillion dollar companies.

 

[steppinthrax]

If I had my way I would drain and freeze all assets related to him. His wife and children's assets would go to all the families who lost their jobs. I would then find his family tree and take as many of his people as I can and put them in prision. I would make them work slave labor until they pay off the debt imposed by the americans from this company. I would then sterlize them so that they can't spread their seed. I would then have a cookout/public stoning with all former Enron employees. Employees would throw stones at former high ranking officers of the company until they are dead. I would then have their bodies hosited in a public location untill their bodies dry out. It would be a reminder to everyone not to do such an act. I would then sell their bones on ebay.

 

[trenchfoot]

ken lay and his accomplices dirtied themselves when they shoveled dirt into the faces of all those whose lives were ruined by their crimes. they turned that dirt into mud when they had their day in court and shed gallons of crocodile tears that they mixed with the dirt they heaped upon themselves by their gallant acts of trying to escape conviction.

i'm not trying to make lemonade out of lemons when i say this, but a small slice of ironic justice got served when the very dirt these crooks slung around with wanton abandon in their heydey ended up being shoveled right back into ken lays face when he committed the ultimate act of selfishness and spite and got buried six feet under, or, if so, he himself got turned into dirt suspended over a pyre.

maybe the message he was sending his victims was that it's better to be broke and alive than being a very, very rich but dead criminal.

 

[techs]

Originally posted by: GoPackGo

Originally posted by: Whoozyerdaddy
So what happens if he rises from the dead? He's off the hook?

He becomes the CEO of Wolfram Hart

Nice. Though probably not many understood it.

 

[Darthvoy]

he will probably come back to life in a few weeks

 

[Wreckem]

Originally posted by: Whoozyerdaddy
So what happens if he rises from the dead? He's off the hook?

No, because then hes not dead. Not to mention, the multitude of other laws one violates when faking their own death.

 

[Wreckem]

Originally posted by: Krakn3Dfx
This way they can't go after his family for the financial losses suffered by so many Enron employees. Dirty judge, dirty system, no surprise here.

His estate can still be sued in civil court, so there goes your theory.

 

[imported_peachee]

I know some people in my industry who were cited for fraud, left the country, came back with a new identity to practice in the same field that they were charged with fraud.

Now, look at a guy with multi millions and powerful connections. Do you think it is not possible to fake his own death to keep his assets unfrozen so it can be laundered into his new retirement account???

 

[bobdelt]

Um... He's dead, he cant defend himself.... Aren't there laws about being able to defend yourself in this country? Or are you locked in prison when youre tried?

 

[LunarRay]

Originally posted by: peachee
I know some people in my industry who were cited for fraud, left the country, came back with a new identity to practice in the same field that they were charged with fraud.

Now, look at a guy with multi millions and powerful connections. Do you think it is not possible to fake his own death to keep his assets unfrozen so it can be laundered into his new retirement account???

Actually Lay lost his millions which were mostly in Enron stock.. some 400m as I recall.. he did have retirement funds.. and a house or two.. but normally the retirement is protected anyhow.. (remember OJ)
I doubt the Government would allow Lay to fake his death... He was not on an island in the pacific basking in the sun...
I think the legal issue is to do with the appeals he was advancing... He was found guilty.. so under appeal he sought to overturn on a legal issue. My 'feeling' is that if a guilty party dies... during the appeal process the findings hold... However, if the court holds that a legal point of sufficient moment occurred and orders a re-trial.. then the case is tossed..
But, I am not a Professor of Law.. but do feel strongly on the issue.. It seems fair my way.....