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...overturned, they may figure that additional legal fees associated with a drawn-out appeals process will force the Lay family to settle those suits. "They could use it as a negotiating factor to convince the Lays, 'You pay off the civil factor, and we'll lay off,'" says Houston attorney Joel Androphy, author of the text White Collar Crime...
...attorney Chip Lewis told TIME: "Everybody wants the employees and the folks affected by the collapse of Enron to recover as much of their their losses as possible. However, I don't believe the vehicle that the government has chosen to pursue is an efficient way to do that. There's so much civil litigation out there already - now that they do not have a criminal conviction to anchor their forfeiture upon, this is nothing more than another civil suit. It's a use of taxpayer dollars to attempt to recover in a method that's really duplicative of many...
...criminal case against Lay, his family certainly seems to think it's over. "We are pleased with the ruling, and are glad that this brings to a close, the criminal proceedings against Mr. Lay," said Lay family attorney Sam Buffone. The government may not agree. "They opposed vacating [the case], so there's no reason not to appeal it," says former federal prosecutor Michael Wynne. "That's the only way the law is going to change...
...prosecutors tried to get a bill introduced letting criminal convictions stand even if the defendant dies before sentencing and appeals - and sought to make it retroactive to a few days before Lay died. But no legislators sponsored the bill, and it wasn't discussed before Congress adjourned. Still, Lay attorney Michael Ramsey says he will be shocked if the closing of the criminal case is appealed. "It's over with," he told TIME. "The civil cases will grind on forever...
...million will be dispersed by U.S. District Judge Melinda Harmon to victims in pending civil lawsuits. Judge Sim Lake originally ordered a $5 million fine to be paid to the U.S. Government, but then changed his mind. "No fine - it will all go to the victims," he said. Seattle attorney Lynn Sarko, who represents employees in Enron retirement fund lawsuits, said in court that the settlement was a fair resolution. "It will provide the victims a large amount of money much sooner," Sarko said...