August 16, 2006

Motion for Lay to be opposed

Wayne State University law professor Peter Henning commented about the federal government's intention to keep the late Enron founder Ken Lay's conviction in place. The lawyers representing Lay\'s estate filed a motion Wednesday to have his criminal record erased. Prior to Lay\'s death, prosecutors had sought to have him forfeit $43 million through criminal court, a move that continues against Lay's co-defendant, former Enron chief Jeff Skilling, for $183 million. Henning said the prosecutors "can't really care much about the conviction because he's not going to be sentenced. But the concern may be - and the argument may be - that the estate is going to receive a windfall." He also said that Lay\'s wife, Linda, will likely be able to keep some assets that the government could have taken through criminal forfeiture.

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