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Court Vacates Ken Lay's Conviction


The federal judge in Ken Lay's Enron trial has vacated his conviction. Charges against him were dismissed.

In his decision, Lake cited a decision in the 5th Circuit Court of Appeals that makes death, before the appeals process has been exhausted, grounds for throwing out a conviction and dismissing an indictment.

Although the Justice Department tried to get Congress to trump the precedent by passing a law, no member of Congress voted for it.

The Department of Justice tried to trump that precedent, however, when it asked Congress in early September to pass a law that would essentially prevent courts from vacating criminal convictions if a defendant dies before going through the entire appeals process....The proposed law does not appear to have been picked up a sponsor in Congress.

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  • Re: Court Vacates Ken Lay's Conviction (none / 0) (#1)
    by cpinva on Tue Oct 17, 2006 at 06:27:14 PM EST
    that would seem like an extreme method of getting your conviction vacated. :)

    Re: Court Vacates Ken Lay's Conviction (none / 0) (#2)
    by jazzcattg1 on Tue Oct 17, 2006 at 06:49:40 PM EST
    I now assume that the SEC has to start from square one in its suit against Kenny Boy's estate - justice indeed.

    Re: Court Vacates Ken Lay's Conviction (none / 0) (#3)
    by LimaBN on Tue Oct 17, 2006 at 07:02:52 PM EST
    Did anyone actually see the body?
    Wouldn't it be more typical of the bush bunch to send Kenny-Boy off to Tahiti while cremating someone else's remains and having all his friends share the laugh?

    Re: Court Vacates Ken Lay's Conviction (none / 0) (#4)
    by Edger on Tue Oct 17, 2006 at 07:59:00 PM EST
    It's been more than three days. Anyone check the cave?