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The Honolulu Advertiser
Posted on: Tuesday, October 24, 2006

Ex-Enron chief gets 24-year term

By Martin Zimmerman and Lianne Hart
Los Angeles Times

Former Enron CEO Jeffrey Skilling, left, and attorney Daniel Petrocelli left court after Skilling's sentencing, in which he received one of the harshest punishments to arise from the rash of corporate scandals.

KEVIN FUJII | Houston Chronicle via AP

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Kenneth Lay — Chairman and chief executive

Conviction vacated after his death

Jeffrey Skilling — Chief executive

Convicted, sentenced to 24 years and four months

David Delainey — Chief executive, energy divisions

Pleaded guilty, sentenced to 2 1/2 years

Andrew Fastow — Chief financial officer

Pleaded guilty, sentenced to six years

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HOUSTON — Former Enron Chief Executive Jeffrey K. Skilling was sentenced to more than 24 years in federal prison yesterday for his role in the company's 2001 collapse, one of the longest prison terms to arise from the recent era of corporate scandals.

Skilling, who was convicted in May on 19 counts of fraud, conspiracy, insider trading and lying to auditors, had faced between 24 and 30 years in prison under federal sentencing guidelines.

"Mr. Skilling and his attorneys argue that the guideline range would be tantamount to life in prison," U.S. District Judge Sim Lake said before pronouncing sentence. "But as the many victims of his crime have so poignantly explained, his crimes have imposed on them a life sentence of poverty."

In addition to a prison term of 24 years and four months, Lake ordered Skilling to pay about $45 million in restitution to the thousands of investors and employees who lost money when Enron failed. The judge set investor losses from Skilling's actions at $80 million.

"In terms of remorse your honor, I can't imagine more remorse," Skilling told Lake. "That being said, your honor, I am innocent of these charges. I am innocent of every one of these charges."

Lay's co-defendant, former Enron Chairman Kenneth L. Lay, died of a heart attack July 5. Last month, Lake wiped away Lay's conviction on 10 counts of fraud, conspiracy and lying to banks.

Skilling's pivotal role in what has been called the biggest scandal in the history of American finance made leniency unlikely, experts said.

That's especially true given the long sentences handed out to the era's other corporate criminals, such as former WorldCom Inc. CEO Bernard J. Ebbers, who was sent to prison for 25 years.

Lake denied Skilling's request to be released on bond pending appeal, ordering him to home confinement. Federal prison officials will recommend when and where Skilling should report to prison. Lake suggested the federal prison in Butner, N.C.

With no parole in the federal prison system and only limited time off allowed for good behavior, it's probable that Skilling, 52, will serve the bulk of his sentence, said Stanford law professor Robert Weisberg.

That doesn't sit well with Washington defense attorney Barry Boss.

"We've lost complete perspective when it comes time to sentence white-collar defendants," said Boss, who formerly co-chaired the U.S. Sentencing Commission's Practitioners Advisory Group. "For somebody of Skilling's age with no prior record — to impose what is essentially a life sentence doesn't serve any recognized objective of the criminal-justice system."

Although Ebbers received a longer sentence than Skilling, other recent corporate criminals have gotten less.

Andrew S. Fastow, the former Enron chief financial officer who designed the off-the-books partnership that helped destroy the company while making him millions, was sentenced last month to six years in prison. Fastow testified against Skilling and Lay at their trial.

Former Enron employees weren't sympathetic.

"It was a good sentence, but if the judge had given him 199 years, I would have stood up and clapped," said Diana Peters, 56, who worked for Enron for 11 years as a computer technician.