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Kenneth
Lay, the founder of Enron Corp. who ascended to the pinnacle of
American business only to tumble into disgrace, died of a heart
attack on Wednesday. He was 64.
Lay, 64, faced
the prospect of the rest of his life in prison after his
conviction May 25 of fraud and conspiracy in one of the biggest
debacles in American corporate history.
Dr. Robert
Kurtzman, Mesa County Coroner, said his autopsy showed Lay died
of heart disease while on vacation in Aspen, Colo.
Lay ascended
from near-poverty as a minister’s son in Missouri to the
pinnacle of corporate America. He was considered a visionary who
had President Bush’s ear during Enron’s halcyon days, but his
reputation and monumental wealth shattered with that of his
company. He spent his last years optimistically insisting he was
no criminal, even after he became a felon.
“I guess when
you’re facing the rest of your life in jail and in your heart
you know you’re an innocent man, I guess it’s too much to bear,”
said close friend Willie Alexander.
Lay had stayed
out of the public eye since he and former Enron CEO Jeffrey
Skilling were convicted of fraud and conspiracy for lying to
employees and investors about Enron’s financial health.
Lay, who
described himself as naturally optimistic, displayed no signs of
ill health throughout the grueling four-month trial that started
Jan. 30. His lead lawyer, Michael Ramsey, was sidelined for
several weeks during the trial because of heart problems.
Kurtzman said
the autopsy revealed that Lay had a heart attack in the past.
“It’s a very
sad ending for the whole Lay family saga. There are very few
people of his age and abilities who flew as high or who fell so
low,” said John Olson, an analyst who angered Lay with his
skeptical takes on Enron’s often indecipherable financial
reports.
Along with
fraud and conspiracy charges, Lay also was convicted in a
separate federal trial of bank fraud and making false statements
to banks. Those charges related to his personal finances.
Lay was
scheduled to be sentenced Oct. 23, along with Skilling, who also
faces a long prison term.
Skilling,
reached by telephone at his home in Houston, told The Associated
Press that he was aware of Lay’s death.
“No, I don’t
have any comment,” he said quietly. But his lawyer, Daniel
Petrocelli, described Skilling as “devastated.”
“Jeff and Ken
worked closely over the years, and Jeff will miss him dearly,”
Petrocelli said.
Lay led
Enron’s meteoric rise from a staid natural gas pipeline company
formed by a 1985 merger to an energy and trading conglomerate
that reached No. 7 on the Fortune 500 in 2000 and claimed $101
billion in annual revenues. Lay traveled in the highest business
and political circles, lived an extravagant lifestyle and gave
generously — as much as $6.1 million in 2001.
Lay’s clout
evaporated when Enron spiraled into bankruptcy protection in
December 2001. The crash obliterated Enron’s more than $60
billion in market value and thousands of jobs, and Lay was
pushed out as chairman and CEO in January 2002.
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While Ken Lay's death
ends part of the criminal case against him,
there are a couple of issues to resolve.
First, the government has filed a motion
seeking at least $43 million in Lay's
assets. Prosecutors claim he illegally
benefited from a line of credit he used at
Enron. They also seek money he received in
bonuses. The government must decide whether
to continue to seek forfeiture of those
assets from Lay's estate.
Second, there's the
question of what Lay's death will mean to
further proceedings against former Enron CEO
Jeffrey Skilling. His lawyers might seek to
delay sentencing.
-- Pete
Williams, NBC Justice Correspondent
Read more in The Daily Nightly |
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The government
launched a widespread fraud investigation that enveloped Enron’s
finance, trading, broadband and retail energy units. The probe
amassed 16 guilty pleas from ex-executives, eight of whom
testified against Skilling and Lay during their trial.
Lay and
Skilling insisted no fraud occurred at Enron except from a few
employees who skimmed money behind their backs. Jurors were
unconvinced.
“I loved Enron
very much. And I loved Enron’s employees very much. I spent half
my professional life running Enron. I think we built a great
company. We changed energy markets around the world,” Lay
testified during the trial.
Prosecutors in
Lay’s trial declined comment Wednesday, both on his death and
what may become of their effort to seek $43.5 million from Lay
that they say he pocketed as part of the conspiracy. The
government is seeking $139.3 million from Skilling.
Lay’s death
will not affect the government’s case against Skilling, who will
appeal his convictions, Petrocelli said.
The Pitkin,
Colo., Sheriff’s Department said officers were called to Lay’s
house in Old Snowmass, Colo., shortly after 1 a.m. MDT (3 a.m.
EDT). He was taken to Aspen Valley Hospital, where he died at
3:11 a.m., said Pat Worcester, executive assistant to the Aspen
hospital’s chief executive.
Lay’s bond allowed him to travel only to Colorado and in the
Houston area.
Pastor Steve Wende of Houston’s First United Methodist Church,
said Lay seemed healthy when he attended services in Houston on
Sunday, and even believed God may have had a purpose for him in
prison.
“He was very
much at peace with his future, he had a perspective on what had
happened, he even bore no ill will for the jury or all of the
people who might want to say terrible things about him,” Wende
said.
“Apparently,
his heart simply gave out,” Wende said.
Before Enron became a scandal-tainted
punchline, the company was the single largest contributor to
President Bush, who nicknamed Lay “Kenny Boy.” Lay said he was
closer to the president’s father, former President George H.W.
Bush. He kept a framed photo of himself with a smiling elder
Bush and former First Lady Barbara Bush.
“It was sad
to hear the news of the death of someone I considered a friend,”
the elder Bush said in a statement Wednesday.
But White
House press secretary Tony Snow said Wednesday he hadn’t
discussed Lay’s death with the president.
“The president has described Ken Lay as
an acquaintance. And many of the president’s acquaintances have
passed on during his time in office,” Snow said.
During the
trial Lay had been expected to charm jurors, but instead came
across as irritable and combative.
Lay defended
his personal spending, including a $200,000 yacht for Linda
Lay’s birthday party in early 2001, despite $100 million in
personal debt. He told jurors it was “difficult to turn off that
lifestyle like a spigot.”
Lay also
defended how he borrowed more than $70 million from Enron in
2001 — even as the company was spiraling — and repaid most of
those loans with company stock.
“I wanted
very badly to believe what they were saying,” juror Wendy
Vaughan said after the verdicts were announced. “There were
places in the testimony I felt their character was
questionable.”
Lay was born
in Tyrone, Mo. and spent his childhood helping his family make
ends meet. His father ran a general store and sold stoves until
he became a minister, and Lay delivered newspapers and mowed
lawns. He attended the University of Missouri, found his calling
in economics, and went to work at Exxon Mobil Corp.’s
predecessor, Humble Oil & Refining.
He joined the Navy, served his time at the Pentagon, and then
served as undersecretary for the Department of the Interior
before he returned to business. He became an executive at
Florida Gas, then Transco Energy in Houston, and later became
CEO of Houston Natural Gas. In 1985, HNG merged with InterNorth
in Omaha, Neb. to form Enron, and Lay became chairman and CEO of
the combined company the next year.
Lay is
survived by his wife, five children and stepchildren and 12
grandchildren.
The unexpected death of convicted Enron founder Kenneth Lay
may end up saving his family tens of millions of dollars in
government fines. Lay’s massive heart attack should keep
prosecutors from seizing the $43.5 million in assets they had
demanded last Friday. How come Ken Lay’s estate gets to keep
that money?
Now that he’s dead, he’s no longer a criminal. The principle
of “abatement” lets a defendant off the hook for a conviction if
he happens to die before getting through at least one round of
appeals. If he doesn’t get a chance to file an appeal, he’s
missed out on an integral part of the legal process, so he gets
the benefit of the doubt. In other words, he’s innocent until
proven guilty, and then proven guilty again. Since Ken Lay died
before he could appeal, the courts will abate his conviction and
all the punishments he would have received.
A defendant doesn’t even have to assert his innocence or file
an appeal to score an abatement. If he dies within the 30-day
window allowed for appeals, he gets his conviction abated no
matter what. That means Ken Lay would still have had his
abatement if he’d raced out of the courtroom and shot himself
just moments after hearing the original verdict in his case.
Most states and almost every circuit in the federal system
treat abatements the same way: A defendant’s conviction
disappears, and his estate can ignore any outstanding fines
against him. (If the defendant had already paid some fines, the
government gets to keep that money.) The 3rd Circuit provides
the exception to this rule: There, a defendant keeps his
conviction when he dies. His case freezes—there are no further
punishments, but also no opportunities for appeal.
The federal rule of abatement can also have a big impact on
outstanding civil suits. In general, a plaintiff can go ahead
and sue a dead man by subbing in the man’s estate as the
defendant in the case. (This won’t work for some kinds of
lawsuits—a dead man can’t be liable for defamation, for
example.) But if the dead man’s conviction had been abated, the
plaintiffs wouldn’t be able to use it against him in civil
court. That means the plaintiffs against Ken Lay would have to
argue the facts of the criminal case all over again in front of
a civil judge.
There’s a catch: Because Lay and Jeffrey Skilling may be
named as co-defendants on the civil suits—and because Skilling
is alive, well, and unabated—a judge might decide to let the
plaintiff lawyers use the Skilling conviction without rearguing
the case against Lay.
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