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May 25, 2006

First-cut Enron sentencing questions (and links)

My mind is already racing with thoughts and questions about the sentencing of former Enron chiefs Ken Lay and Jeff Skilling after their convictions today.  (Indeed, I have already created a new category archive for Enron sentencing discussions.)  Based on just a few minutes reflection, I already have these questions for collective consideration:

  • What will be the likely offense level and sentencing range for Lay and Skilling under the federal sentencing guidelines?  (By my rough calculation, the guideline sentence could be life or at least 360 to life.)
  • Will conduct underlying Skilling's acquittal on nine counts be included in the guideline calculation?
  • Assuming the guideline ranges for Lay and Skilling are very high, will the government ask for a guideline sentence?
  • Will defense counsel seek a "traditional" departure under the guidelines as well as a variance based on Booker and 3553(a)?
  • How might all the Lay and Skilling sentencing talk impact Judge Sim Lake's upcoming resentencing of Jamie Olis?
  • Should I give up my day job and offer myself up to Lay and Skilling as a sentencing consultant?

I could go on and on, but this list gets the sentencing talk started and perhaps will prompt some informed readers to weigh in on some of these issues through the comments.  Also, for additional food for thought, here are just a few links to some of my prior white-collar sentencing coverage:

May 25, 2006 at 12:54 PM | Permalink


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