Case Summary: United States vs Jeffrey Skilling

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Brief of case: United States v. Skilling 1. Case Name, Citation, and Court United States v. Skilling 554 F.3d 529 (2009) United States Court of Appeals, Fifth Circuit 2. Key Facts A. Jeffrey Skilling resigned his position as Enron’s CEO. B. Four months later Enron filed for bankruptcy. C. Skilling had overstated Enron’s profit in calls to invertors and in press releases. D. Skilling hide more losses, he had arranged deals between Enron’s executives and third parties, which he falsely portrayed to Enron’s accountants and to the Securities and Exchange Commission as producing income. E. Skilling was convicted in a federal district court of various crimes, including conspiring to commit fraud to deprive Enron and its various holders of the “honest services” of its employees. F. He was sentenced to 292 months’ imprisonment and three years’ supervised release, and order to pay $45 million in restitution. 3. Issue Is openly committing fraud in the corporate interest subject to penalties under federal law? 4. Holding Yes. The U.S Court of Appeals for the Fifth Circuit affirmed the conviction but vacated the sentence on the ground that the lower court had enhanced it incorrectly. The case was remanded for resentencing. 5. Court’s Reasoning A. Skilling argued that because he did not act secretly in pursuit of Enron’s goal of achieving a higher stock price, his conduct fell under an exception to honest service fraud. B. The court disagreed with Skilling’s contention. Keeping the stock price high might have been in Enron’s and Skilling’s mutual interest, but “no one at Enron sanctioned Skilling’s improper conduct.” C. Neither the board directors nor “any other decision maker specifically directed the improper means that he undertook to achieve his

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