November 9, 2004
Enron sentencing jury is back
This just in: the novel advisory sentencing jury asked to decided a variety of sentencing-enhancing guideline issues in the Enron Nigerian barge case (background here) has returned its verdict. You can get all the details in this Houston Chronicle article, which explains that the jury determined:
- The sham produced $13 million in loss (not as much as the $43 million argued by the government or as little as the $120,000 suggested by the defense)
- All three defendants broke a private trust with Merrill Lynch.
- Two defendants had managerial or leadership roles and used more than minimal planning in the deal.
- One defendant did not substantially interfere with justice and did not use special skills.
Juries at work. How interesting. I cannot help but conclude (especially while sitting in the ivory tower) that this case shows that, even in complicated fraud settings, "Blakely-izing" the federal guidelines is not really that hard.
November 9, 2004 at 05:13 PM | Permalink
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Has the defenses' briefing been posted anywhere yet, and if so where?
Posted by: John Ellis | Nov 9, 2004 7:25:40 PM
Not saying this isn't correct, but how do you know their decision is in accordance with the law of the circuit as well as the guidelines (which obviously may fall). Maybe they were tired and wanted to go home. Also, "Blakely-izing" the guidelines will depend on who writes the jury sentencing instructions.
Posted by: henshaw | Nov 9, 2004 8:32:44 PM
I was wondering if anyone had knowledge on wether the indictment included the enhancements, i believe it was superceded with them correct?
Posted by: Jessica T. | Nov 9, 2004 10:03:38 PM
Yes, they had a superceding indictment similar in form to the indictments for Lay and Skilling at Enron. I think you should be able to find a copy by doing a search of either this board or Jason Hernandez's board at:
Posted by: Nick | Nov 10, 2004 12:28:37 AM
I fine your blog very helpful. I am a defense a
attorney. By the way, I graduated from The
Ohio State Collge of Law in June 1958. Thanks
Posted by: Gilbert Eisenberg | Nov 11, 2004 8:24:26 PM