Former Enron CEO Lay Pleads Not Guilty
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Thursday, July 8, 2004
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HOUSTON Enron Corp. founder and former chairman and CEO
Kenneth Lay pleaded not guilty Thursday to charges he was involved in
a wide-ranging scheme to deceive the public, company shareholders,
government regulators and others.
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"Not guilty, your honor," Lay, speaking loudly and clearly,
told U.S. Magistrate Judge Mary Milloy at a court hearing hours
after he surrendered to the FBI and was hustled to the federal
courthouse in handcuffs.
A federal indictment unsealed Thursday added Lay to charges
already filed against his hand-picked protege, former CEO Jeffrey
Skilling, and former top accountant Richard Causey, and accused Lay
of participating in a conspiracy to manipulate Enron's quarterly
financial results. It also accused 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.
Milloy set his bond at $500,000. Prosecutors, saying he was a flight risk, had sought a $6 million bond.
Lay was allowed to keep his passport because he travels
internationally on business, but Milloy said if he left the country
he would have to seek permission from the court.
Lay entered the packed courtroom and smiled at his wife, Linda,
who had driven him before dawn to the Houston FBI headquarters. She
rose from her seat to pat him on the back, then was told by a
marshal she could have no contact with her husband.
Lay was accompanied by attorney Michael Ramsey. When Milloy
asked if Ramsey was his lawyer, Lay drew laughter from spectators
by responding, "I think his billings will indicate that I have
hired Mr. Ramsey."
53 Counts, 11 for Lay
The superseding indictment, now totalling 53 counts, accused
Lay, Skilling and Causey of enriching themselves through salaries,
bonuses, grants of stock and stock options.
It names Lay in 11 counts: one of conspiracy, two of wire fraud,
four of securities fraud, one of bank fraud and three of making
false statements to banks. If convicted on all counts, the Justice
Department said Lay could receive up to 175 years in prison plus
fines possibly totaling more than $5.7 million.
A grand jury returned a sealed indictment against Lay on
Wednesday, 2 1/2 years into a methodical investigation that has
produced charges against some of his once most highly trusted
lieutenants.
"I have done nothing wrong, and the indictment is not
justified," Lay, 62, said in a statement Wednesday.
Prosecutors from the Justice Department's Enron Task Force had
presented the indictment to Milloy on Wednesday, and at their
request she sealed the indictment and an arrest warrant.
"Ken was not in any conspiracy," Ramsey said Thursday before
entering the courthouse.
Ramsey said he would push for Lay to go trial ahead of other
executives. 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. Fastow is waiting to testify for
the prosecution.
'A Liar and a Thief'
"Andy is obviously a liar and a thief," Ramsey said. "He
admits that."
In a separate action, the Securities and Exchange Commission
filed civil charges Thursday against Lay, accusing him of fraud and
insider trading and seeking recovery of more than $90 million in
what the agency said were illegal proceeds from stock sales.
Prosecutors have aggressively pursued the one-time celebrity CEO
and friend and contributor to President Bush who led
Enron's rise to No. 7 in the Fortune 500 and resigned within weeks
of its stunning failure. Lay is the 30th and highest-profile
individual charged.
The indictment particularly focuses on Lay's behavior after
Skilling, in August 2001, abruptly resigned in the weeks leading up
to Enron's collapse. Skilling had succeeded Lay as CEO six months
earlier. He was indicted in February on nearly three dozen counts
of fraud and other crimes.
Prosecutors allege Lay knew Enron was preparing to announce
massive third-quarter losses and a $1.2 billion writedown in
shareholder equity, yet in a Sept. 26, 2001 Internet chat told
Enron employees he had strongly encouraged management to buy Enron
stock.
"Some, including myself, have done so over the last couple of
months and others will probably do so in the future," he said.
"My personal belief is that Enron stock is an incredible bargain
at current prices."
Then on Oct. 12, 2001, he told a credit rating agency that Enron
and its auditors had "scrubbed" the company's books and that no
additional writedowns would be forthcoming. Four days later, the
company announced those big losses, but the shareholder equity
writedown was not in Enron's press release.
The indictment alleges Lay also knew Enron was facing a $700
million writedown in its water business, Azurix, but didn't
disclose detailed information. In addition, it alleges Lay knew
Enron had reorganized its energy services unit to hide hundreds of
millions of dollars in losses.
"We're not trying to conceal anything," Lay told analysts on
Oct. 23, 2001, according to the indictment. "We are not trying to
hide anything."
He also told employees that same day: "Our liquidity is fine;
as a matter of fact, it is better than fine, it is strong."
But prosecutors allege Lay knew Enron had been forced to offer
its pipelines as collateral to get a $1 billion bank loan to
maintain liquidity.
Then on Nov. 12, 2001, in a call to analysts and in another
effort to combat bad publicity, he said: "We don't have anything
we are trying to hide. I am disclosing everything that we've
found."
But prosecutors allege Lay knew that he and other senior Enron
managers had not disclosed a litany of negative facts about Enron's
finances.
The counts alleging bank fraud accuse Lay of improperly drawing
from his lines of credit, and exposing banks to a higher risk of
loss, to directly or indirectly buy and carry margin stock.
Enron's collapse led a series of corporate scandals that led to
Congress' passage of sweeping reforms to securities laws with the
Sarbanes-Oxley Act two years ago. Thousands of Enron's workers lost
their jobs, and the stock fell from a high of $90 in August 2000 to
just pennies, wiping out many workers' retirement savings.
The charges against Skilling and Causey, who was initially
indicted a week after Fastow pleaded guilty, target actions over
several years leading up to Enron's collapse.
Days after Skilling's resignation, Lay met privately with
Sherron Watkins, then an executive on Fastow's staff, who had sent
him a lengthy memo warning of impending doom from Fastow's myriad
schemes to hide debt and inflate profits.
But Lay told The New York Times last month that he didn't
believe the company had serious problems and trusted other senior
managers, including Fastow and Causey, when they reassured him
that all was fine.
Skilling and Causey are awaiting trial on charges of conspiracy,
fraud and insider trading. Both pleaded innocent and are free on
bond.
The indictment unsealed Thursday contained no new charges
against Skilling, already named in 35 counts alleging fraud,
conspiracy and insider trading. Causey was named in three
additional counts: two conspiracy and one securities fraud.
Prosecutors also were trying to seize an undisclosed sum of
money from Lay, plus his 33rd-floor Houston penthouse valued at
more than $7 million.
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