NYT
http://www.nytimes.com/2006/03/09/business/businessspecial3/09enron.html?hp&ex=1141880400&en=2bd5e9a92a181f0f&ei=5094&partner=homepageFastow Testifies Lay Knew of Enron's Problems
By ALEXEI BARRIONUEVO
Published: March 9, 2006
HOUSTON, March 8 — Andrew S. Fastow, the onetime chief financial officer of Enron, provided some of the strongest evidence yet linking Kenneth L. Lay, the company's founder and former chief executive, to a conspiracy to defraud investors. But Mr. Fastow's statements, coming in the sixth week of the trial of Mr. Lay and Jeffrey K. Skilling, another former chief executive, were almost lost under a searing cross-examination by Daniel Petrocelli, Mr. Skilling's lead lawyer.
Days after he retook the reins as Enron's chief executive in 2001, Mr. Lay was told that Enron was in such a precarious state that a "massive restructuring" or a sale of the company would be required to save it from ruin, Mr. Fastow said at the criminal trial of his former bosses.
In the most devastating testimony to date that Mr. Lay was not in the dark about Enron's snowballing problems, Mr. Fastow said that he told Mr. Lay in August 2001, just after Mr. Skilling had resigned as chief executive, that Enron had $5 billion to $7 billion of "embedded problems" and had all but run out of options to right the listing ship.
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Days later, on Aug. 20, Mr. Lay told a BusinessWeek reporter in an interview that Enron was "probably in the strongest and best shape that it has ever been in." He added: "There is no other shoe to fall."