Ex-Enron CEO Lay Indicted for Scheme
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Thursday, July 8, 2004
HOUSTON -- Former Enron CEO Kenneth Lay was involved in a
wide-ranging scheme to deceive the public, company shareholders and
government regulators about the energy company that he founded and
led to industry prominence before its collapse in 2001, according
to an 11-count indictment unsealed Thursday.
The federal indictment adds Lay to charges already filed against
his hand-picked protege, former CEO Jeffrey Skilling, and former
top Enron accountant Richard Causey.
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It accuses Lay of participating in a conspiracy to manipulate
Enron Corp.'s quarterly financial results. It also accuses him of
making public statements about Enron's financial performance that
were false and misleading and omitting facts necessary to make
financial statements accurate and fair.
The contents of the indictment, returned Wednesday, were
released a few hours after Lay was taken away in handcuffs after
surrendering to the FBI Thursday morning.
The indictment of Lay, 62, who also was Enron's chairman, caps
an investigation that snared dozens of other employees and
executives but took nearly three years to reach the man at the top.
Enron's collapse in late 2001 cost investors billions of
dollars, put thousands of Enron employees out of work and wiped out
retirement savings for many. The company, once admired, became a
symbol of corporate greed and excess, and its fall was followed by
a string of scandals at other companies.
"Nice of you all to show up this morning," Lay, accompanied by
a pastor, told a throng of reporters before entering the FBI
offices. About 20 minutes later, he left in handcuffs for the trip
to the federal courthouse and a scheduled late morning appearance
before a federal judge.
The indictment accused Lay, Skilling and Causey of enriching
themselves through salaries, bonuses, grants of stock and stock
options.
It specifically names Lay in 11 counts: one count of conspiracy,
two of wire fraud, four of securities fraud, one bank fraud and
three of making false statements to banks.
After learning of the indictment on Wednesday, Lay said in a
statement, "I have done nothing wrong, and the indictment is not
justified."
Lay's attorney, Michael Ramsey, said he would push for the
former Enron chief executive to go trial ahead of other executives
charged in the investigation.
He maintains Lay did nothing wrong
and cast blame on former chief financial officer Andrew Fastow, who
pleaded guilty to two conspiracy counts in January. Fastow admitted
to orchestrating partnerships and financial schemes to hide Enron
debt and inflate profits while pocketing millions of dollars for
himself.
"Andy is obviously a liar and a thief," Ramsey said before
entering the courthouse Thursday. "He admits that."
Prosecutors from the Justice Department's Enron Task Force
presented an indictment to U.S. Magistrate Judge Mary Milloy in
Houston on Wednesday, and at their request she sealed both the
indictment and an arrest warrant.
The Securities and Exchange Commission also was expected to
bring civil fraud charges against Lay on Thursday, including making
false and misleading statements and insider trading, a person
familiar with the case said, speaking on condition of anonymity.
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