A notice posted on the Justice Department's website yesterday indicates that the DOJ is is considering entering into a sentencing agreement with former Enron CEO Jeffrey K. Skilling that would reduce his sentence. In 2006, Skilling was convicted on fraud and conspiracy charges related to the fall of Enron, and sentenced to 24 years in prison. 

Following his conviction, Skilling has vigorously fought, appealed and contested just about every aspect of his conviction, including multiple appeals to the Fifth Circuit and a trip to the U.S. Supreme Court. In 2009, the Fifth Circuit helped Skilling's cause when it ruled that his sentence should be recalculated downward because the trial court misinterpreted the sentencing guidelines. That resentencing has been placed on the back burner for years, however, pending Skilling's ongoing efforts to obtain a new trial. Although the Fifth Circuit previously upheld the conviction, in May 2012 U.S. District Judge Simeon T. Lake III (S.D. Tex.), who also presided over Mr. Skilling's original trial in 2006, granted a renewed motion by Skilling to seek a new trial based on newly-discovered evidence.

The DOJ was required by statute to disclose its discussions with Skilling regarding his sentence. As the DOJ stated in the notice,

18 U.S.C. § 3771(a) affords crime victims the right to confer with the attorneys for the United States in the case and to be reasonably heard at public proceedings in the district court, including sentencing hearings. Section 3771(e) defines a “crime victim” as “a person directly and proximately harmed as a result of the commission of a Federal offense . . . .”

The DOJ asked any Enron victims who wanted express their views to notify the DOJ and/or the Court by April 17, 2013. The NYT reports that any reduction in the sentence agreed upon by the DOJ and Skilling would also need to be approved by Judge Lake.

Topics