Skilling And The Future Of Securities Fraud Cases

Law360 (January 8, 2009, 12:00 AM EST) -- The U.S. Court of Appeals for the Fifth Circuit on Tuesday issued its long-awaited opinion in United States v. Skilling, No. 06-20885 (5th Cir. Jan. 6, 2009).

The court affirmed the conviction of former Enron Corporation CEO Jeff Skilling for conspiracy, securities fraud, making false statements to auditors and insider trading in connection with the wide-ranging scheme to deceive investors about Enron's financial health.

Although affirming Skilling's conviction, the court concluded that the district court failed to properly apply the Federal Sentencing Guidelines, and remanded the case to the district court to resentence Skilling to what will likely be at least...

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