Judge Lake dismisses the indictment against Ken Lay

Ken Lay 070606D.jpgUS District Judge Sim Lake has overruled the Enron Task Force’s dubious opposition and dismissed the indictment against the late Enron chairman, Kenneth Lay. Judge Lake’s memorandum opinion is here, and his conclusion pretty well says it all:

Since the Fifth Circuit Court of Appeals has adopted the abatement rule, and since . . . the United States . . . has raised any legal basis for denying the ruleís application in this case, the court concludes that Layís conviction must be vacated and that this action against him must be dismissed. Accordingly, the Motion of the Estate of Kenneth L. Lay to Vacate His Conviction and Dismiss the Indictment (Docket Entry No. 1082) is GRANTED, . . . The indictment against Kenneth L. Lay is DISMISSED.

As noted earlier here, here and here, I don’t believe Ken Lay was guilty of anything other than making some bad business decisions (among many good ones, too). Dismissing the charges against his legacy is not only the right thing to do legally, but also morally.

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