The Wall Street Journal

May 17, 2006

PAGE ONE
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WALL STREET JOURNAL VIDEO
 
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CNBC's Scott Cohn reports8 on the final stage of the Enron trial, including passionate closing arguments delivered by the lawyers for Kenneth Lay and Jeffrey Skilling.

ENRON WHO'S WHO
 
• Testimony excerpts: Lay9 | Skilling10 | Fastow11 | Glisan12
 
• Profiles: Defense Witnesses13 | Prosecution Witnesses14
 
• Key players in the trial15 | Complete coverage16
 

 
DOCUMENTS
 
• See Enron trial exhibits17 from the government, plus other key documents18 (indictments, plea agreements, etc.) by arrangement with FindLaw (http://www.findlaw.com/19).
 

 
TIMELINE
 
August 2001: Skilling resigns20 after six months; Lay is named CEO again.
Oct. 16: Enron reports $638 million third-quarter loss21 and discloses $1.2 billion reduction in the value of shareholders' stake in the company, partly related to a web of partnerships run by finance chief Andrew Fastow that had helped the company inflate profits and hide debt. A week later, Fastow is ousted.
Nov. 8: Enron revises financial statements22 for previous five years to account for $586 million in losses.
Nov. 28: Enron stock plunges below $1 as questions about its finances mount.
Dec. 2: Enron files for Chapter 1123 bankruptcy protection, the largest in U.S. history at the time.
Jan. 9, 2002: Justice Department confirms it has begun a criminal investigation24 into Enron.
Jan. 23: Lay resigns25 as chairman and CEO.
• Full Enron scandal timeline.26
 

As Enron Trial Heads Toward Jury,
Defense Attacks 'Fictional' Case

By JOHN R. EMSHWILLER and GARY MCWILLIAMS
May 17, 2006; Page A1

HOUSTON -- In their final arguments to jurors, lawyers for the former two top executives at Enron Corp., whose 2001 collapse made it a symbol of corporate misdeeds in the 1990s boom, maintained that the company's downfall was a tragedy but not a crime.

During a day of closing arguments, lawyers for former Enron executives Jeffrey Skilling1 and Kenneth Lay2 mixed caustic attacks on the government's evidence and witnesses with impassioned pleas to view their clients as innocent men. Running throughout their presentations was the defense's central, and oft-stated, theme: Far from being a crime-ridden enterprise, Enron was a fundamentally healthy company forced into bankruptcy by a market panic.

CLOSING ARGUMENTS
 
• Prosecutor Blasts Lay, Skilling in Closing Arguments3
5/16/06
 
CAST YOUR VOTE
 
[Question of the Day]
Question of the Day:4 How do you expect the Enron jury will rule?

Their argument that no crimes were committed at Enron -- apart from a few essentially irrelevant ones involving thefts by former Chief Financial Officer Andrew Fastow -- has distinguished the Enron defense from those offered at recent trials of top executives of HealthSouth Corp. and WorldCom Inc. In those cases, defendants acknowledged fraud at their companies, but maintained they didn't know about the wrongdoing.

After a two-hour rebuttal by prosecutors this morning, the matter will go to the jury of eight women and four men.

The arguments for Messrs. Lay and Skilling, the only two people who ever headed Enron before its bankruptcy, capped more than three months of testimony in the landmark trial, whose outcome will be a measuring stick in the government's crusade against corporate crime.

[Daniel Petrocelli]

The government's indictment is a "fictional world" of alleged crimes that prosecutors are using to try to have Mr. Lay "locked in a cage for the rest of his life," said Bruce Collins, one of the attorneys for Mr. Lay, Enron's former chairman.

"The facts show the innocence of both these men," said Daniel Petrocelli5, the lead attorney for Mr. Skilling, Enron's former president. "Just because it's Enron doesn't mean we have to lose our common sense."

The government maintains the giant energy trader faced mounting financial problems in the two years before bankruptcy and took various illegal steps to hide them. On Monday, prosecutor Kathryn Ruemmler ridiculed the defense contention that no major crimes were committed at Enron, running through a litany of alleged business and financial problems at the company.

To deny such problems "is just absurd," she said. Saying jurors should focus on the former Enron executives who testified that they had "committed frauds" with the defendants, she urged the jury to convict Mr. Skilling, 52 years old, on all 28 counts against him and Mr. Lay, 64, on the six counts facing him.

The defense maintains that Enron was a healthy company felled by a market panic that was sparked partly by a series of Wall Street Journal stories raising questions about the company's financial dealings with partnerships run by Mr. Fastow. The Journal has said it stands by its reporting on Enron's activities.

[Kenneth Lay]

The defense's closing arguments provided an opportunity to summarize the testimony of more than four dozen witnesses -- including both defendants -- thousands of pages of documents and hours of videotaped public presentations by Messrs. Skilling and Lay to investors and others. But attorneys also argued that jurors should focus on the fate of two men and not negative news coverage of the Enron scandal, which set off a wave of corporate and governmental reforms -- and helped bring down Enron's outside accountant, Arthur Andersen.

In reaching a verdict, the jury will, in some ways, bring a close to the era of corporate scandals. Enron's fall sparked a raft of investigations, including a criminal probe by a special federal task force. To date, some 30 people have been criminally charged in the Enron case, and more than a dozen have reached plea agreements with the government. Several of those testified against Messrs. Lay and Skilling in hopes of getting leniency when sentenced.

Though Ms. Ruemmler handled the entire first day of the government's closing argument, five different attorneys spoke yesterday, four of them for Mr. Lay. The number of lawyers for Mr. Lay reflected the fact that his lead lawyer, Michael Ramsey, missed a large part of the trial because of health problems. He recently returned and was one of the four attorneys who spoke.

[Jeffrey Skilling]

Partly due to the absence of Mr. Ramsey, a colorful and respected veteran of the Houston criminal-defense bar, Mr. Petrocelli has been the dominant defense attorney in the trial and remained so yesterday. In a presentation lasting more than three hours, he paced the courtroom in front of the jury, his voice ranging from a near-shout to a bare whisper, as he worked to ridicule the government's case and humanize his client.

Mr. Petrocelli started off by admitting, as his client had when he took the stand several weeks ago, to being "a little nervous this morning." The reason, he added, was because "for the last two years I've felt like I've had Jeff's life in my hands." Once his closing argument was finished, he told the jury, "I then turn him over to you." Later, he gestured toward his client and asked jurors to "look him in the eyes… See if you see a criminal."

Defense attorneys also asked jurors to focus on the government's witnesses and their plea agreements. In the effort to win leniency, these witnesses "had been robbed of their free will" and said "false things about Jeff and Ken" in order to satisfy prosecutors, said Mr. Petrocelli. Said George Secrest, another attorney for Mr. Lay: "These witnesses were not unvarnished. They were shellacked."

The attorneys for both defendants also reminded jurors that the government didn't call a number of potentially key witnesses. Most prominent among these was former Enron Chief Accounting Officer Richard Causey, whose name came up frequently in connection with involvement in alleged wrongdoing. According to the government "Mr. Causey was up to his eyeballs in this fraud," said Mr. Petrocelli. "Where is he?"

Mr. Causey had been a co-defendant in the case until he pleaded guilty last December to one count of securities fraud -- leading to widespread speculation that he would be a key government witness. At the same time, defense attorneys talked of possibly calling him in the belief that he would say some things helpful to their cause. In the end, neither side thought it worth the risk of bringing Mr. Causey to the stand, out of concern that he would say things harmful to each side's position even as he said other things that would have been helpful.

Throughout the day, the defense often mocked and tried to belittle the government's case. Mr. Petrocelli characterized it as a "hodgepodge" of issues, supported by "snippets" of evidence in an effort to criminalize what were actually common and legal business practices. If the government's argument is believed, "We might as well put every CEO in jail," he said.

Write to John R. Emshwiller at john.emshwiller@wsj.com6 and Gary McWilliams at gary.mcwilliams@wsj.com7

 

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