Chronicle legal reporter Mary Flood covered many of the Enron-related criminal trials, so it was only natural for her to pick up a copy of former Enron Task Force prosecutor, law professor and current Oregon attorney general candidate John Kroger‘s new book, which includes several chapters on his work in several Enron-related criminal cases.
You may remember Kroger. He is the fellow who tried early on to broker his experience on the Task Force to make a name for himself in academic circles. He was involved in preparing some of the worst carnage that the Task Force generated — the Arthur Andersen debacle, the Enron Broadband disaster, and the Nigerian Barge abomination.
Ms. Flood reports on her blog that the Enron-related chapters of Kroger’s book are downright bizarre:
[Kroger’s book] is a self-congratulatory look at Kroger’s years as a federal prosecutor. The four somewhat conflicted chapters on Enron talk alternately about his prowess, his lack of knowledge, how careful prosecutors were, how ruthless prosecutors were, how terrific his case against the Enron broadband executives was and how it hasn’t been successful in court. [. . .]
What may be most surprising about the book is Kroger’s admission of a lack of knowledge about how to go about these cases, an admission that the DOJ was out for quick scalps, and an admission that they threatened many witnesses. These are especially odd to see in print given that one of the allegations the defense made was prosecutorial misconduct in this case — too much threatening and coercing of witnesses. One witness in the 2005 case even testified a member of the task force tried coerce him out of testifying for the defense.
Kroger frequently brags about his own prowess as an interrogator and lawyer, even guessing the broadband cases might be over now if he’d tried them. And he casts doubt on just about everyone else in the process.
Despite talking about the pressure the task force was under to get scalps and how aggressive they were, he creates a hypothetical conversation to illustrate how a defense attorney might try to trick a witness into saying no crimes were committed.
Amid the sometimes stunning hubris seems to be much angst about the decision of others to charge Lea Fastow in order to get to her husband and thus get to Jeff Skilling and Ken Lay.
He questions his colleagues, not just over the Lea Fastow charging decision (even including a mean-spirited comment a fellow prosecutor made about the Fastow children possibly winding up in foster care) but in general saying, in his career as a prosecutor he learned:
". . . that even well-intentioned prosecutors can present false testimony at trial, that a just process and a just result cannot always be obtained at the same time, that informants are both necessary and deceitful, that a certain small percentage of agents are corrupt, that our law enforcement policies often encourage crime rather than prevent it, and that successful interrogation requires the ethically questionable manipulation of other human beings.”
Just another chapter in the increasingly dubious legacy of the Enron Task Force.
Tom K., thank you for continuing to cover this. I just finished reading Kroger’s book. I believe that anyone who attended any part of the original Enron Broadband trial or read the trial transcript knows that the government had no case. So, in a sense, the disclosures by Kroger simply confirm what many have believed all along. Still, it is shocking to read, in Kroger’s own words, just how terribly badly the Enron Task Force conducted the Broadband investigation.
It is even more shocking that the current federal prosecutors, after seeing the shameful disclosures by Kroger, are planning to force three of the Broadband defendants into another re-trial. Doesn’t anyone in the government have the character to stop this fiasco?