This Tom Fowler/Chronicle article reports on the oral argument yesterday at the Fifth Circuit Court of Appeals in New Orleans on former Dynegy executive Jamie Olis’ appeal of U.S. District Judge Sim Lake’s denial of Olis’ motion to be released on bond pending Judge Lake’s re-sentencing of Olis as previously ordered by the Fifth Circuit. Olis is presently held in custody in the Federal Detention facility in downtown Houston as he awaits re-sentencing.
Olis’ appeal on Judge Lake’s denial of his motion for release pending re-sentencing is a long shot. The Fifth Circuit generally leaves such decisions to the discretion of the trial judge, particularly one as competent and well-regarded as Judge Lake. However, the Fifth Circuit did grant a similar request recently in connection with the Enron-related Nigerian Barge case, and there is little question that the government intentionally misrepresented to Judge Lake the market loss attributable to the transaction for which Olis was convicted in order to hammer Olis with the most draconian sentence possible. So, while it is unlikely that the Fifth Circuit will order the release of Olis pending re-sentencing, it would not be unprecedented for the Court to do so.
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Gee- The prosecution-friendly Chronicle doesn’t even mention that Mr. Olis’ boss got 15 months and the accountant on the team got 30 days for this allegedly false accounting transaction. Mr. Olis has already served almost twice their sentences put together as a tax guy who had no influence on financial statements or accounting decisions. Is it just that acceptable that the government is still trying to make a mid level guy pay with the next two decades of his life for the alleged sins of a vast conspiracy instead of going after those at the top of the conspiracy? What are they afraid of? Real money to finance a defense? Or are they really afraid that forcing those that they accuse (but won’t indict) to break their continued silence and finally reveal Mr. Olis’ actual innocence?
Our Congress and systems of “justice” need to start making the DOJ and themselves accountable for conducting themselves with integrity and a real desire to reveal truth rather than hide and manipulate it just to “win” by shoving someone in prison for decades.