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Thu Apr 4, 2013, 11:15 AM

DOJ may release Enron's Skilling 18 years early

Jeffrey K. Skilling, the former Enron chief executive serving a 24-year sentence for his role in the energy company’s collapse, could be released from prison early under a possible agreement with the government, according to a notice on the Justice Department’s Web site.

Since his 2006 conviction on charges of securities fraud, conspiracy and insider trading, Mr. Skilling has served jail time in federal prisons in Minnesota and now Colorado. He and his legal team have waged an aggressive appeal, repeatedly seeking to overturn his conviction on various grounds.

The notice, posted early Thursday, was made to notify victims of Mr. Skilling’s crimes — thousands of former Enron employees and shareholders — of any changes related to a defendant’s sentence.

“The Department of Justice is considering entering into a sentencing agreement with the defendant in this matter,” reads the notice, which was earlier reported on by CNBC. “Such a sentencing agreement could restrict the parties and the Court from recommending, arguing for, or imposing certain sentences or conditions of confinement.”

http://dealbook.nytimes.com/2013/04/04/enrons-skilling-could-get-early-prison-release/


34 replies, 2032 views

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Arrow 34 replies Author Time Post
Reply DOJ may release Enron's Skilling 18 years early (Original post)
Ichingcarpenter Apr 2013 OP
joeybee12 Apr 2013 #1
Ichingcarpenter Apr 2013 #4
Nuclear Unicorn Apr 2013 #21
hobbit709 Apr 2013 #2
Tender to the Bone Apr 2013 #3
Champion Jack Apr 2013 #5
sadbear Apr 2013 #6
tridim Apr 2013 #7
frylock Apr 2013 #8
niyad Apr 2013 #9
dixiegrrrrl Apr 2013 #11
TheMastersNemesis Apr 2013 #10
tammywammy Apr 2013 #12
Ichingcarpenter Apr 2013 #16
tammywammy Apr 2013 #19
geek tragedy Apr 2013 #26
tammywammy Apr 2013 #30
PolitFreak Apr 2013 #13
City Lights Apr 2013 #14
Octafish Apr 2013 #15
Ichingcarpenter Apr 2013 #18
Octafish Apr 2013 #20
OnyxCollie Apr 2013 #29
rhett o rick Apr 2013 #17
dragonlady Apr 2013 #22
Zorra Apr 2013 #23
Melinda Apr 2013 #24
pansypoo53219 Apr 2013 #25
yellowcanine Apr 2013 #27
Warren DeMontague Apr 2013 #28
Rex Apr 2013 #31
whatchamacallit Apr 2013 #32
spanone Apr 2013 #33
liberal_at_heart Apr 2013 #34

Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:17 AM

1. Thank God he still has enough money to buy himself some justice!

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Response to joeybee12 (Reply #1)

Thu Apr 4, 2013, 11:21 AM

4. Yeah the DOJ is on the ball with fat cats

and the fabulous boys of Enron

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Response to Ichingcarpenter (Reply #4)

Thu Apr 4, 2013, 12:26 PM

21. I *have* to believe something bigger is at play.

I don't mean nearious conspiracy-wise but a plea or something of value to the government. I want to give the benefit of the doubt to the DOJ, I really do.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:19 AM

2. Fuck that.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:20 AM

3. That is one criminal that needs to remain in prison, for the rest of his sentence.

 

He has damaged California for years.

And then when he's out, then throw him to the Q hole for the rest of his life for California crimes committed.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:43 AM

5. Meanwhile, Ken Lay, complete with his new face and identity, lounges on a Caribbean beach

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:45 AM

6. I'm cool with that if....

they tattoo a big tilted "E" on his forehead.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:47 AM

7. He's just jealous of Kennyboy Lay. nt

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:53 AM

8. shit like this makes me long for the days of john ashcroft..

this is the worst DOJ ever.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 11:55 AM

9. could somebody tell me what the hell this means:

Last edited Thu Apr 4, 2013, 06:18 PM - Edit history (1)

“Such a sentencing agreement could restrict the parties and the Court from recommending, arguing for, or imposing certain sentences or conditions of confinement.”

sounds like doj would not be able to impose any sorts of conditions on his release? am I understanding this correctly? must be nice to have that kind of money and influence, as a major felon whose acts damaged and destroyed countless lives (not to mention the economies of several states)

looking at that picture of him again, reminded me that it was the kind of smug, arrogant face one just wants to. . . .

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Response to niyad (Reply #9)

Thu Apr 4, 2013, 12:13 PM

11. any doubt who is running things?

They are not even bothering to hide it anymore.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:04 PM

10. Probably A Bipartisan Jesture To Salve The GOP And Its Business Allies.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:14 PM

12. Wasn't his sentence overturned?

I wonder if this is a way to make sure that he does serve longer than just getting out tomorrow. I'm interested to see more information about such a deal.

Skilling's restitution of $54M has been held up during his appeals, so I also wonder if making such a deal will let that get on with.

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Response to tammywammy (Reply #12)

Thu Apr 4, 2013, 12:21 PM

16. No ... he's been turned down 3 times by the courts


This is a DOJ negotiation





he Supreme Court of the United States heard arguments in the appeal of the case March 1, 2010. On June 24, 2010, the Supreme Court vacated part of Skilling's conviction and transferred the case back to the lower court for further proceedings. During April, 2011 a three judge 5th Circuit Court panel ruled that the verdict would have been the same despite the legal issues being discussed, and Skilling's conviction was confirmed. Skilling appealed this new decision to the Supreme Court, but was denied


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Response to Ichingcarpenter (Reply #16)

Thu Apr 4, 2013, 12:24 PM

19. Thanks for the info

I couldn't remember the details of his post-conviction appeals. I know Fastow has been released from prison, but he had a lighter sentence since he cut a deal to testify against Skilling & Lay.

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Response to Ichingcarpenter (Reply #16)

Thu Apr 4, 2013, 01:14 PM

26. The 5th circuit did overrule his sentence

and said the judge misapplied the sentencing standards in making the sentence too harsh.

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Response to geek tragedy (Reply #26)

Thu Apr 4, 2013, 02:37 PM

30. Thanks...that's what I thought.

I couldn't remember the exact details.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:15 PM

13. I'm shocked!

 

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:17 PM

14. Unbelievable!

We need an "I'm so mad I'm spitting nails" smiley.

Another dose of justice for the rich.

Eric Holder sickens me.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:19 PM

15. Wonder how Don Siegelman is doing?

All he did was be a Southern Democrat who could beat the BFEE and its Rove Machine.

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Response to Octafish (Reply #15)

Thu Apr 4, 2013, 12:24 PM

18. Yeah it sucks

but he's not a millionaire fraudster and member of the 1%

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Response to Ichingcarpenter (Reply #18)

Thu Apr 4, 2013, 12:26 PM

20. The guy would still make a great President.

FWIK, he certainly would stand up to the Big Money boys.

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Response to Octafish (Reply #15)

Thu Apr 4, 2013, 02:18 PM

29. Don't forget that he dared stand up to Exxon Mobil.

And that is unacceptable.

President Obama's Supreme Court pick, Elena Kagan, during her stint as Solicitor General, wrote a brief to the SCOTUS urging them to deny a hearing to Don Siegelman, while the DoJ suggested that Siegelman be given an additional 20 year sentence.

Siegelman Judge Asked To Recuse As Kagan, Rove Oppose Reviews
http://www.huffingtonpost.com/andrew-kreig/siegelman-judge-asked-to_b_534628.html

Both Leura and Bill Canary have issued statements denying wrongdoing. To defer to Alabama's two powerful Republican senators, the Obama administration has so far continued Canary in office after she served during the two Bush administrations as the president's top prosecutor in Alabama's middle district, covering the state capital region.

~snip~

A bipartisan group of 91 former state attorneys general from more than 40 states formed an unprecedented coalition to file a friend-of-the-court brief to the Supreme Court arguing it should hear Siegelman's case because his actions did not constitute a crime.

But Kagan, now widely reported as a leading candidate to ascend from her post as Justice Department solicitor general to become her friend Obama's nominee for a Supreme Court vacancy, urged the high court in November to deny Siegelman a hearing. Kagan used technical legal arguments devised with the assistance of DOJ's trial prosecutors.

~snip~

Kagan's stance already has created strong skeptics in progressive circles in Alabama, and is certain to irritate Siegelman supporters around the country if she is nominated to the Supreme Court. DOJ has requested that Fuller resentence Siegelman, now 64, to an additional 20 years in prison.


I guess that's why Don Siegelman didn't get a pardon.

(For those needing a refresher, Don Siegleman was a thorn in the side of Big Oil.)

ExxonMobil’s Alabama Paydirt
http://harpers.org/blog/2007/11/exxonmobils-alabama-paydirt/

The State of Alabama believes that it was victimized by ExxonMobil. According to the state’s complaint launched by the Administration of Governor Don Siegelman, ExxonMobil committed fraud and underpaid the state in a contract dispute over natural gas pumped from Mobile Bay. Alabama won that litigation, and a jury awarded the state a judgment against ExxonMobil of roughly $3.6 billion. Not chump change, even for ExxonMobil. And for Alabama, an immense sum of money (roughly a third of the state’s annual budget).

But ExxonMobil appealed, secured a stay, and ultimately took the matter to the Alabama Supreme Court. Thursday, the state’s High Court handed down its decision, by a vote of 8-1. The Court sided with ExxonMobil and against Alabama. The punitive damage award was rejected, and Alabama was left with a compensatory award of $51.9 million, a pittance.

~snip~

Nevertheless, there is something very foul and unseemly in the air surrounding this decision. It expunged the punitive award altogether. And the decision was 8-1. Every Republican justice sided with ExxonMobil and the court’s sole Democrat sided with the state. This serves to underscore and highlight what really looks like a partisan and political divide. That also is extremely telling.


Leura Canary, the US Attorney (and Good Bushie) that Obama kept on is the wife of Bill Canary:

William Canary is a campaign partner of Karl Rove’s and worked with Rove in Alabama Court politics starting with 1992; Toby Roth, the former chief of staff to Governor Bill Riley was a third member of their team. The Rove-Canary-Roth team scored a series of quite astonishing successes, and in the end it totally transformed the Alabama court landscape, starting with the state’s Supreme Court. I have no reason to link Rove, Canary and Roth to the specific litigation between ExxonMobil and the State of Alabama in particular. But in broader terms, the ExxonMobil decision should be counted the ultimate triumph of the Rove-Canary-Roth game plan. It got the oil and gas community exactly what it was aiming for from the beginning: the elimination of punitive damage awards in commercial cases.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:21 PM

17. Now all we need is a pardon for Ken Lay so he can come back to the USofMoney. nm

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:36 PM

22. The DOJ has to respond to a court order for resentencing

Skilling had appealed his conviction on a point of law and ultimately the federal court decided against him on that because there was still overwhelming evidence of his part in the fraud. However, his legal team has more challenges in the works. From the NYT article:

But the federal appeals court also reiterated an earlier ruling that Mr. Skilling still needed to have his sentence re-calculated because Judge Lake had erred in his handling of another issue in the case. That re-sentencing was put on hold while the broader appeal wended its way through the courts.

So the DOJ will have to respond by making another sentencing recommendation in this case. The final decision on the new sentence will be up to the trial judge.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:36 PM

23. The rampant inequality of our US plutarchy is disgusting.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 12:44 PM

24. This is a procedural issue; DOJ MUST respond and MUST publish this Notice:.

http://www.justice.gov/criminal/vns/docs/2013/04/skilling-publication-notice-in-two-newspapers.pdf

Now if the DOJ actually DOES do what Skilling is asking, then that's a horse of another color.

Time will tell. Let's all hope that their will be enough public outcry that the SOB serves out his entire sentence. Oh, and the People of CA also want their money back.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 01:13 PM

25. how many publican moles are hidden in the DOJ.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 01:32 PM

27. Does this mean he has to pay restitution to the victims of his fraud?

If not, there should be no deal.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 01:35 PM

28. Sure. There's probably a pot smoker who needs the cell space.

A cancer granny who has been given a 20 year mandatory minimum sentence for having a plant in her back yard.

CRIMINULZ!

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 02:43 PM

31. At this point in time there is no reason to think the DOJ

cares about the rule of law. They protect the plutocracy and their assets. Nothing more.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 02:45 PM

32. I used to think only republican DOJs sucked ass

Silly me.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 02:48 PM

33. fuck him.

he stole MY money.

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Response to Ichingcarpenter (Original post)

Thu Apr 4, 2013, 08:12 PM

34. nothing the DOJ shocks me anymore. They love bankers.

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