Wednesday, October 21, 2009

You Can't Prosecute An Acquittal - Yeager Case

Back from the Supreme Court's decision in United States v. Yeager (see discussion here), the Fifth Circuit Court of Appeals had to decide what to do with the remains of this case.  Mary Flood, Houston Chronicle, Appeals court wipes slate clean for Enron defendant Yeager reports on the Fifth Circuit Court of Appeals decision concerning this former Enron Broadband executive. Yeager, after a very long process, has now been acquitted. The Fifth Circuit Court of Appeals in United States v.Yeager stated:

Today, freed from the chains of Larkin it is clear under our initial Ashe analysis the jury made a finding in acquitting Yeager that precludes prosecution on insider trading and money laundering. We are satisfied that the panel conducted a proper review of Yeager’s claim and the required collateral estoppel analysis under Ashe and will not do so again. We decline the invitation to revisit our settled findings.

(esp)( w/ a hat tip to Bill Olis)

http://lawprofessors.typepad.com/whitecollarcrime_blog/2009/10/mary-flood-houston-chronicle-appeals-court-wipes-slate-clean-for-enron-defendant-yeagerreports-on-the-fifth-circuit-court-o.html

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Comments

Wonder when the weight of all the Enron Task Force failures, despite its hyper-powers, will start reasonable folks to start wondering what the real Enron scandal is/should have been?

Posted by: Preston Tucker | Oct 21, 2009 4:17:17 AM

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