Monday, September 11, 2006

Who Wants to Sponsor DOJ's Bill to Preserve Lay's Conviction

As discussed in an earlier post (here), the Department of Justice has sent a proposed bill to Congress seeking to avoid the effect of the abatement doctrine that would otherwise remove the indictment and conviction of Ken Lay from the record because he died before his first appeal was completed.  If adopted, and assuming it is constitutional, the proposed law would permit prosecutors to rely on the jury's verdict in seeking forfeiture of Lay's assets.  As the Houston Chronicle reports (here), to this point the bill does not have a sponsor, which is necessary for it to move forward in Congress.  In a fine show of political conviction, Houston-area Congressman Gene Green stated, "I have dozens of people who have lost all their life savings when they invested in 401(k)s in Enron . . . I don't like Congress to react to just one case, but in this case, because it is in the Houston area, I would vote for it and support it."  No word yet whether Rep. Green will sponsor the legislation, although a lone Democrat on a bill is not a strong signal that it will pass quickly. (ph)

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