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...thought the nearly five-year Enron saga has now come to an end, with both men set for sentencing on Sept. 11, you may be as off base as the company's financial statements. Attorneys for Lay and Skilling vow to appeal, and there is precedent - all the way to the Supreme Court - to attack a white-collar fraud conviction based on the fine points of the kind of jury instructions given by Judge Simeon Lake. "A 'willful blindness' instruction is a very good ground [for appeal]," says Houston defense attorney Joel Androphy. Willful blindness, which Judge Lake specifically cited...

Author: /time Magazine | Title: Can Lay and Skilling Win on Appeal? | 5/25/2006 | See Source »

...Enron's former accounting firm, Arthur Andersen, as well as former Wall Street trader Frank Quattrone, have successfully appealed jury instructions based on the notion of willful blindness. When Quattrone's conviction was overturned two months ago, Skilling attorney Daniel Petrocelli told TIME, "I think it's a reminder of how dangerous it is that prosecutors can overreact in putting businesses on trial." In Andersen's case, the U.S. Supreme Court voided a witness-tampering conviction of the accounting firm by ruling that the trial's jury was wrongly told it could convict the firm for shredding documents during...

Author: /time Magazine | Title: Can Lay and Skilling Win on Appeal? | 5/25/2006 | See Source »

...Many legal experts say that Skilling actually has a better chance than Lay for a successful appeal on the issue of willful blindness. The government never argued that Skilling made a conscious decision to ignore wrongdoing at Enron; Lay, on the other hand, had been warned by whistleblower Sherron Watkins of problems in the firm's accounting. The jurors apparently felt that Lay did not respond sufficiently to Watkins memo. "If he had done it, he would have walked today," Androphy says...

Author: /time Magazine | Title: Can Lay and Skilling Win on Appeal? | 5/25/2006 | See Source »

...authorized a radio appeal urging every American to send a dime directly to the President to help beat polio. The first days of this “March of Dimes” campaign produced a disappointing $17.50. However, a few days later, mail trucks started arriving at the White House. First there were 30,000 letters, then 50,000, and 150,000 the next day. Desks, offices, and corridors were buried in mail sacks. A total of 2,680,000 dimes had been sent. With this outpouring of generosity from ordinary Americans, Roosevelt established the nonprofit health agency known today...

Author: By Michele Kling | Title: Investing in Children | 5/24/2006 | See Source »

When the March of Dimes decided to focus its efforts on improving the health of babies, the Crimson supported the idea of the organization’s taking on a new leading role. “Responding in this appeal in their generous and sympathetic manner, Americans can help the March of Dimes conquer another health menace,” the Crimson said on April...

Author: By Michele Kling | Title: Investing in Children | 5/24/2006 | See Source »

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