Senator wants Justice Department to appeal Lay decision

[Judi Lynn]

Oct. 21, 2006, 12:35AM
Senator wants Justice Department to appeal Lay decision

By DAVID IVANOVICH
Copyright 2006 Houston Chronicle Washington Bureau



U.S. Sen. Dianne Feinstein, D-Calif.,
wants the Justice Department to appeal
a decision to vacate the late Ken Lay's
fraud and conspiracy convictions.
BEN MARGOT: AP


WASHINGTON — Sen. Dianne Feinstein, D-Calif., called on the Justice Department on Friday to appeal a Houston judge's decision to vacate the late Ken Lay's fraud and conspiracy convictions.

U.S. District Court Judge Sim Lake earlier this week wiped out the one-time Enron Corp. chairman's convictions because Lay died before his appeals had been exhausted. Lake's decision followed a precedent set in another case in the 5th Circuit Court of Appeals.

Feinstein, in a letter to U.S. Attorney General Alberto Gonzales, called on the government to appeal the ruling so "the government can fight to preserve Enron victims' hard-fought right to obtain restitution."

Feinstein argued the 5th Circuit's ruling went beyond a doctrine in common law that does away with punishments after a defendant's death.

"The Supreme Court has never held that it also must wipe out a victim's right to compensatory relief such as restitution," Feinstein wrote.
(snip/...)

http://www.chron.com/disp/story.mpl/business/4277108.html

[MADem]

1. That's one sharp woman, there. She's right. NT

[maddezmom]

2. duplicate topic

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=2572571