The U.S. Court of Appeals for the Fifth Circuit has denied former Enron Corp. CEO Jeffrey Skilling’s appeal of his May 2006 convictions. Skilling in 2006 was sentenced in Houston by the U.S. District Court for the Southern District of Texas to 24 years in federal prison following his convictions on 19 criminal charges related to Enron’s bankruptcy in 2001: one count of conspiracy, 12 counts of securities fraud, five counts of making false representations to auditors and one count of insider trading (United States v. Jeffrey K. Skilling, No. 06-20885).The defense appealed, arguing, among other things, that the 19 counts were tainted by the use of the “honest services” fraud theory, which was one of the objects of the conspiracy charge. The Fifth Circuit denied a defense motion to overturn the convictions, but it said Skilling’s sentence needed to be recalculated and ordered he be resentenced. On appeal the U.S. Supreme Court narrowed Skilling’s conviction for honest services fraud (see NGI, June 28, 2010). The justices, however, did not reverse any of Skilling’s convictions, but they remanded the case back to the Fifth Circuit to determine whether the honest services instruction to the district court jury amounted to “harmless error.” The district court’s instruction to the Houston jury was indeed a harmless error, the Fifth Circuit judges said in their ruling. As it had ruled in 2009, the Fifth Circuit also stated that Skilling’s sentence had been miscalculated. According to the opinion, the circuit court now will take up resentencing.
Appeals
Articles from Appeals
Skilling Loses Appeal of Criminal Convictions
The U.S. Court of Appeals for the Fifth Circuit has rebuffed former Enron Corp. CEO Jeffrey Skilling’s appeal of his May 2006 convictions.
Wyoming Challenges EPA on GHG Rules
Wyoming has filed three petitions with the U.S. Court of Appeals for the Tenth Circuit, challenging rules instituted by the federal Environmental Protection Agency (EPA) to combat greenhouse gas (GHG) emissions, alleging that the new rules trample on states rights.
Wyoming Balks at EPA Greenhouse Gas Rules
Wyoming earlier in February filed three petitions with the U.S. Court of Appeals for the Tenth Circuit, challenging rules instituted by the federal Environmental Protection Agency (EPA) to combat greenhouse gas (GHG) emissions, alleging that the new rules trample on states rights.
IPAA Scores Early Victory with EPA over Hydrofracking
A federal appeals court in Washington, DC, has rejected a motion by the Environmental Protection Agency (EPA) to dismiss a case brought by independent producers alleging that the agency failed to go through the proper channels to regulate diesel fuel used in the hydraulic fracturing (fracking) process.
Aboriginals, Greens Threaten Lawsuits Against Mackenzie Pipeline
Grounds are being staked out for appeals to the courts even before the National Energy Board (NEB) finishes its forthcoming decision on Canada’s arctic natural gas production and pipeline project.
Mackenzie Project Overcomes Another Hurdle
Barring appeals to the courts, the last regulatory hurdle has been removed from obstructing an approval ruling on Canada’s entry in the Arctic pipeline race, the C$16.2 billion Mackenzie Gas Project (MGP).
Appeals Court Reverses SoCalGas Odor Case
In a case involving an arcane issue for natural gas distribution utilities, a California appeals court has reversed a $12 million jury award in a lower court lawsuit by two plaintiffs against Southern California Gas Co. (SoCalGas). The utility had appealed the 2005 verdict.
Mackenzie Project Overcomes Another Hurdle
Barring appeals to the courts, the last regulatory hurdle has been removed from obstructing an approval ruling on Canada’s entry in the Arctic pipeline race, the C$16.2 billion Mackenzie Gas Project (MGP).
Appeals Court Reverses SoCalGas Odor Case
In a case involving an arcane issue for natural gas distribution utilities, a California appeals court last Thursday reversed a $12 million jury award in a lower court lawsuit by two plaintiffs against Southern California Gas Co. (SoCalGas). The utility had appealed the 2005 verdict.
