An Illustrated Guide to Mendacity and Folly in the Imperium Americanum

Ken Lay Memorial Edition

Posted on | October 25, 2006 | 1 Comment


(Reuters) Convictions of dead Enron chief Ken Lay thrown out

(Houston Chronicle)Government sues Ken Lay’s estate

(AP) Judge vacates conviction of Ken Lay

(AP) Skilling sentenced to 24 years in prison

(USAToday) By claiming he’s guiltless, Skilling proves he’s clueless

Back in the old days, a financier convicted of mismanaging funds to his advantage would’ve been told to do the right thing and been handed a pistol with a single bullet. Why was this the right thing? It harkened back to Roman law that if you were convicted but had not been executed, the state could not take over your estate. In other words, by committing suicide, you provided for your family by not leaving them destitute. It was part of the presumption of innocence. Technically, you were still “innocent” until sentence was carried out. In modern times, we have a waiting period between conviction and sentencing, and if you were to die in that period, the conviction would be nullified for the same reason. Moreover, if the sentencing were to include a fine, that could not be taken from your estate either because that would be visiting your punishment on your innocent family.

These day we ALSO have drugs that can mimic heart failure. In fact, when Ken Lay was convicted, I had several conversations about the possibility that he’d conveniently pass away before sentencing. I can’t say this is the case, but he had powerful enough friends to carry it out had he wanted to. Saves the family from losing the estate (the estate can still be subject to civil suit, but without the living miscreant, the chances of substantial recovery is teensy), he goes into hiding in the tropics with the Swiss bank account money. Can YOU see a downside?

I also wish to mention my condolences to our friend, S.J. Smith, on the death of his wife. Teri was my wife’s writing and business partner and best friend. She was a great soul with an expansive personality and incredible good humor in the face of adversity. She was only 51 and passed because her physical heart was not as strong as her spiritual one. She will be missed.

UPDATE: I will be taking Friday off this week because of these sad and unforeseen circumstances. Thanks.


One Response to “Ken Lay Memorial Edition”

  1. Ken Lay Memorial Edition HAIL DUBYUS | My Site
    June 1st, 2009 @ 12:12 am

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