Former Enron Corp. CFO Andrew Fastow has been the object of “unprecedented public humiliation” on television, in Congressional hearings, in books, magazines, the Internet and in “written and verbal insults and threats,” and he is requesting leniency when he is sentenced to federal prison next week.
Fastow, who made millions through illegal deals while he worked at Enron, pleaded guilty in 2004 to conspiracy to commit wire fraud and conspiracy to commit securities fraud (see Daily GPI, Jan. 15, 2004). He was fined more than $23 million, and he faces up to 10 years in prison.
In a 24-page sentencing memorandum filed in U.S. District Court in Houston on Tuesday, Fastow’s lawyers said they were basing part of their recommendation on “a sample of the many letters from teachers, friends, family, victims, and others who wanted to write the court” (USA v. Andrew Fastow, H-02-CR-665).
In citing the reasons why Fastow’s sentence should be reduced, the lawyers noted Fastow had “devoted himself to community service in ways that neither seek nor receive recognition, mainly to Meals on Wheels, [Hurricane] Katrina victims, and his small synagogue (teaching children, building a playground and picnic table and ‘sukkahh;’ cutting the grass.”
According to the filing, the letters to the court also speak of Fastow’s “extraordinary love of children,” someone who has “raised the standard of what a father means” in the past five years and is “the Dad I would like to be — my role model.” The memorandum indicated Fastow has taught “his own failings to his children,” and he has helped his children “understand and place trust in the judicial system.”
His two sons, who are eight and 11, “will be devastated to lose him during these critical growing years, and our law could devise no punishment more painful.” The lawyers “respectfully urge that the fact that Mr. Fastow and his family have lost so much already by virtue of his conviction, argue in favor of leniency.”
The sentencing hearing is scheduled for Tuesday before U.S. District Judge Kenneth M. Hoyt.
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