Judge rejects mercy plea in sentencing ex-Enron exec

[MaineDem]

HOUSTON (Reuters) - A U.S. federal judge on Monday rejected a plea for mercy from prosecutors and sentenced a former Enron Corp. executive who testified against Ken Lay and Jeff Skilling to 30 months in prison.

David W. Delainey, a Canadian who pleaded guilty to insider trading in 2003 and cooperated extensively with the U.S. Justice Department's Enron Task Force, had been praised by prosecutors for his help in the case.

Enron collapsed in a tangle of fraud in 2001, causing investors to lose billions and costing employees their jobs and retirement savings. Delainey's testimony helped convict Lay, the former Enron chairman, and Skilling, the former chief executive, last summer.

The sentence handed down by U.S. District Judge Kenneth Hoyt was less than the 33 to 41 months provided under federal sentencing guidelines, but Deputy Task Force Director Kathryn Ruemmler had sought leniency and defense lawyer John Dowd had recommended probation.



http://www.boston.com/news/nation/articles/2006/09/18/judge_rejects_mercy_plea_in_sentencing_ex_enron_exec/?rss_id=Boston.com+%2F+News

[Kagemusha]

1. While I can understand the judge here, isn't this problematic?

Future potentially cooperating defendants will look at stuff like this and shudder...

[rrasile]

2. Enron

I think he's getting off easy. If I was the Judge I think that the court should dig up that heartless MF Ken Lay and and make David W. Delainey serve his term with Lay's rotting corpse.

[Warpy]

3. Thirty months is two and a half years

Had he not turned state's evidence and bargained his charges down, he might have died in prison serving a 30+ year stretch.

As it is, he'll be out in time to see his grandchildren grow up.

Plus, the judge handed down a sentence UNDER the Federal guidelines.

Sounds like he got a great deal. The headline is misleading.

[warrens]

4. While a judge can override a plea deal

He probably should not have in this case. The guy cooperated, lost everything he stole, and kept his end of the deal. This is not good. If this was Skilling or another major player, that would be one thing. This guy was not that high up in the food chain.

[Tellurian]

5. This Judge is an Asswipe..

If this Canadian didn't stick his neck out, the judge wouldn't have a case.pure and simple!

So, this judge likes punishing whistleblowers...a pox on him!

[Rabrrrrrr]

6. Yep. And it's gonna make other potential whistleblowers

think twice before blowing that whistle. If they have a sense that they're screwed either way, they might take their chances with lying and riding it out.

[hughee99]

7. It seems like he could have received a much longer sentence...

and this guy wasn't really a whistle blower, he was COMPLICIT in the crimes until they were caught. Only when he was caught did he then help the prosecution.

[Tellurian]

8. In my recollection

when someone turns states evidence, they are usually granted immunity from prosecution for
making the case much easier for prosecutors to get a conviction. They know where all the bodies
are buried so to speak. This imo, is an extremely harsh sentence.

NO, This judge is sending a crystal clear message to any other potential corporate turncoats.

[hughee99]

11. In my recollection,

Those who are caught usually cut deals with the prosecution, whether it's a sentencing recommendation, or just getting the prosecutor to not file additional charges. When Sammy "The Bull" Gravano testified against Gotti, the prosecutor only filed "racketeering" charges against him, and he got 5 years in prison. Duke Cunningham worked for the prosecution (after he got caught) to go after those bribing him, but he still has to serve some time. Joe Valachi as well...

I think the message he's sending is clear, don't profit from something for years and then when you get caught expect to walk free by being the first one to cut a deal.

[laylah]

9. This jerk is DEFINITELY

getting off easy! His victims have been sentenced to life! A life of work until they drop, a life of most of their cushions being gone because of Enron's sleazy, greedy tactics, a life of worrying what the hell is going to happen to them. Skilling, the slime ball, definitely got off easy. Lay got off easier still. That low-life is living well somewhere on this planet, guaranteed! :mad:

Jenn

[Tellurian]

10. yes, condemned to a life of looking over his shoulder..

and an assassin looking to collect his due.

No one gets off FREE..