David Delainey, former CEO of Enron Energy Services, was sentenced on Monday to 2 and a half year in the pokey in connection with his plea deal in which he pled guilty to insider trading charges and sang like a canary for the prosecution during the criminal trial of former key Enron executives Ken Lay and Jeff Skilling.
Delainey went over-the-top in his testimony against Lay and Skilling, so the Enron Task Force didn’t oppose a lenient sentence for him. Moreover, Delainey’s counsel requested a probated sentence from US District Judge Kenneth Hoyt, who is generally considered a relatively light sentencing judge. As a result, it was expected in the local legal community that Delainey would probably receive a similar sentence to that of Timothy DeSpain.
However, Delainey’s desire to placate prosecutors appears to have backfired as Judge Hoyt commented during the sentencing hearing that his criminal conduct was “a lot deeper and a lot wider, . . . than is expressed in this charge.” Thus, the length of the sentence — and particularly the fact that Delainey was hauled off to jail straight from the courtroom — is mildly surprising. It is also tragic in that Delainey’s testimony during the Lay-Skilling trial was not particularly credible. My sense is that he agreed to the plea bargain solely to hedge the risk of a longer prison sentence on the charges.
By the way, this Kristen Hays/Chronicle article outlines the sentencing schedule for former Enron executives in the upcoming months.

John Hasnas is a professor of ethics and law at Georgetown University’s McDonough School of Business and is the author of the book, Trapped: When Acting Ethically is Against the Law (Cato 2006), which is an adaptation of Professor Hasnas’ article Ethics and the Problem of White Collar Crime. This previous post discussed one of Professor Hasnas’ articles on the perverse effect that implementation of the Department of Justice’s Thompson Memo has had on companies serving up their employees as sacrificial lambs to avoid an Arthur Andersen-like meltdown.
Following on that article, Professor Hasnas authored this WSJ ($) op-ed over the weekend on the real problem that underlies such policies as those implemented under the Thompson Memo:

DOJ policy is merely a symptom of the underlying disease: the untenable standard of corporate criminal liability embodied in federal law. Attempting to reform DOJ policy without changing the law is a bit like treating a lung-cancer patient’s cough. It won’t hurt, but it won’t help that much either.
When should corporations be subject to criminal punishment? Perhaps never. These entities cannot be imprisoned, only fined; and the fines are paid by the corporations’ shareholders. The defining characteristic of the modern publicly traded corporation is the separation of ownership and control: Shareholders do not control the actions of corporate employees. Thus, imposing criminal punishment on a corporation, rather than on the employees who committed the offense, punishes shareholders who are innocent of wrongdoing.

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Apparently, “service” such as that described here, here and here will get you an exceptional service award from the U.S. Department of Justice.
Trampling justice and the rule of law while destroying careers, jobs and wealth is “exceptional” governmental service?
God help us all.

In a case that has been swirling around Houston legal and business circles for the past five years, the three former owners of Houston-based Premiere Holdings of Texas — which promoted itself as a high-yield investment fund to prominent Houstonian investors but spiraled into bankuptcy in late 2001 amid allegations of Ponzi scheme-type activity — pled not guilty yesterday in connection with their arraignment in federal court in Houston on securities fraud and money laundering charges in a 24-count indictment (you can download a pdf of the indictment here).
Attorney Ted Murray, securities broker David Lapin, and securities broker Jeffrey Wigginton are charged in the indictment for their roles in the promotion and sale of unregistered security interests to investors through Premiere Holdings between 1999 and late 2001. Although the case has been preliminarity scheduled for trial trial on October 30, 2006, my sense is that a case of this nature will not go to trial that quickly after indictment.
Premiere Holdings has been an item of local interest for quite some time for a couple of reasons. First, the company promoted itself as a high-yield investment fund to mainly wealthy and conservative Houstonians, and often advertised itself through several of the talk show hosts on the Houston conservative radio station KSEV. Moreover, Premiere’s business unraveled soon after the September 11, 2001 attacks on New York and Washington, but that story flew somewhat under the radar screen of the local business media that was preoccupied with the demise of Enron, which was taking place at the same time. Finally, one of the defendants — David Lapin — is related to prominent Houston attorneys Jack Lapin (father) and Bobby Lapin (brother).
The Justice Department’s press release on the indictment is here and a previous press release on an SEC action against the three owners is here. A couple of Houston Business Journal articles on the Premiere Holdings case from late 2001 are here and here.

In the first of many sentencing hearings that will take place this fall n connection with various Enron-related criminal cases, Timothy DeSpain, a 41-year old former assistant treasurer of Enron from 1999 to 2002, was sentenced this morning by U.S. District Judge Ewing Werlein to four years probation in connection with a 2004 plea agreement in which he pled guilty to a single count of securities fraud. Here is an earlier blog post with background on DeSpain’s role at Enron and his plea deal. The Chronicle’s Tom Fowler files a report on the sentencing here.