Sean M. Berkowitz (born 1967) is a former director of the Department of Justice's Enron Task Force. He prosecuted former employees of Enron who were accused of white collar crimes, principally accounting fraud. Most significantly, he was the lead prosecutor in the joint trial of Kenneth Lay and Jeffrey Skilling. In 2006, shortly after securing guilty verdicts against both, Berkowitz left the Department of Justice to become a partner at Latham & Watkins LLP in Chicago.
Berkowitz was assigned to the Task Force in December 2003 from the U.S. Attorney's Office for the Northern District of Illinois, where he led many high-profile prosecutions of white collar crime and corporate fraud. Prior to his five years at the United States Department of Justice, Berkowitz worked for the law firm Katten Muchin Zavis, now Katten Muchin Rosenman LLP, in Chicago, Illinois.
Berkowitz cross-examined Jeffrey K. Skilling (Enron President and COO), sending the former CEO into a temper tantrum on the stand. He was also the ending voice for the prosecution as he concluded the government’s closing arguments to the jury by urging them to send a message to Lay and Skilling that "you can’t buy justice, you have to earn it."
In his closing arguments, Berkowitz used a large black and white cardboard display with the word "truth" emblazoned on one side and "lies" on other side. "You get to decide whether they told truth or lies, black and white," he told the jury. "Don't let the defendants, with their high-paid experts and their lawyers, buy their way out of this," he said. "I'm asking you to send them a message that it's not all right. You can't buy justice; you have to earn it."
On May 25, 2006, after the jury found both Skilling and Lay guilty, Berkowitz scolded the Enron executives, saying that "you can't lie to shareholders, you can't put yourselves in front of your employees' interests. No matter how rich and powerful you are, you have to play by the rules." Berkowitz noted the FBI spent five years investigating the Enron case and that his team spent many long nights working on the trial, warning other executives who think about committing fraud that "no matter how complicated or sophisticated a case may be, people like that stand ready to investigate."
Berkowitz also successfully defended Michael Sussman in the only prosecution brought by John Durham to have gone to trial. Sussman was accused of lying to the FBI that he represented the Hillary Clinton for President Campaign. The jury acquitted him in its second day of deliberation. Sussman had reported about potential connections between the Trump Organization and Russia. [1]
Berkowitz received his B.A. degree summa cum laude from Tulane University (with a Dean's Honor Scholarship) in 1989 and received his J.D. degree cum laude from Harvard Law School in 1992.
Berkowitz married Bethany McLean, a Vanity Fair magazine editor and one of the authors of the book Enron: The Smartest Guys in the Room , in May 2008.
Andrew Stuart Fastow is an American convicted felon and former financier who was the chief financial officer of Enron Corporation, an energy trading company based in Houston, Texas, until he was fired shortly before the company declared bankruptcy. Fastow was one of the key figures behind the complex web of off-balance-sheet special purpose entities used to conceal Enron's massive losses in their quarterly balance sheets. By unlawfully maintaining personal stakes in these ostensibly independent ghost-entities, he was able to defraud Enron out of tens of millions of dollars.
In United States jurisdictions, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other government officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.
Jeffrey Keith Skilling is an American businessman who in 2006 was convicted of federal felony charges relating to the Enron scandal. Skilling, who was CEO of Enron during the company's collapse, was eventually sentenced to 24 years in prison, of which he served 12 after multiple appeals.
"The idiot defense" is a satirical term for a legal strategy where a defendant claims innocence by virtue of having been ignorant of facts of which the defendant would normally be expected to be aware. Other terms used for this tactic include "dumb CEO defense", "dummy defense", "ostrich defense", "Ken Lay defense", and "Sergeant Schultz defense". The first known instance of the idiot defense was by John Henry Stafford, a lawyer in Jackson, Tennessee who was also known as Yankee John. He used it in the defense of Marlin Heady, a moonshiner. The charges were all, allegedly, dropped.
Enron: The Smartest Guys in the Room is a 2005 American documentary film based on the best-selling 2003 book of the same name by Fortune reporters Bethany McLean and Peter Elkind, who are credited as writers of the film alongside the director, Alex Gibney. It examines the 2001 collapse of the Enron Corporation, which resulted in criminal trials for several of the company's top executives during the ensuing Enron scandal, and contains a section about the involvement of Enron traders in the 2000-01 California electricity crisis. Archival footage is used alongside new interviews with McLean and Elkind, several former Enron executives and employees, stock analysts, reporters, and former Governor of California Gray Davis.
Nancy Anne Temple is an attorney specializing in accounting liability. She was the in-house attorney for Arthur Andersen, who advised Michael Odom and David B. Duncan about Arthur Andersen policies regarding retention of documents from client engagements. Duncan oversaw the shredding of Arthur Andersen documents concerning their work for client Enron, between October 22 and November 9, 2001. A memo written by Temple played a key role in the conviction of Arthur Andersen on charges of obstruction of justice. That conviction was later overturned.
Thomas Arthur Mesereau Jr. is an American attorney known for defending Michael Jackson in his 2005 child molestation trial, as well as Mike Tyson, Bill Cosby and, in 2023, Danny Masterson, a case in which Mesereau was sanctioned by the judge.
The trial of Kenneth Lay, former chairman and CEO of Enron, and Jeffrey Skilling, former CEO and COO, was presided over by federal district court Judge Sim Lake in the Southern District of Texas in 2006 in response to the Enron scandal.
Simeon Timothy Lake III is a senior United States district judge of the United States District Court for the Southern District of Texas. His notable trials include the trial of Enron Chairman Ken Lay and former Chief Executive Officer Jeff Skilling.
Kevin A. Ring is a former American attorney and congressional staffer; he served Republicans in both the House and the Senate, including U.S. Representative John T. Doolittle (R-CA). He also served as a counsel on the Senate Judiciary Committee's Constitution, Federalism and Property Rights Subcommittee.
Kenneth Lee Lay was an American businessman who was the founder, chief executive officer and chairman of Enron. He was heavily involved in Enron's accounting scandal that unraveled in 2001 into the largest bankruptcy ever to that date. Lay was indicted by a grand jury and was found guilty of 10 counts of securities fraud at trial. Lay died in July 2006 while vacationing in his house near Aspen, Colorado, three months before his scheduled sentencing. A preliminary autopsy reported Lay died of a heart attack caused by coronary artery disease. His death resulted in a vacated judgment. Conspiracy theories regarding Lay's death surfaced, alleging that it was faked.
The Enron scandal was an accounting scandal involving Enron Corporation, an American energy company based in Houston, Texas. When news of widespread fraud within the company became public in October 2001, the company filed for bankruptcy and its accounting firm, Arthur Andersen—then one of the five largest audit and accountancy partnerships in the world—was effectively dissolved. In addition to being the largest bankruptcy reorganization in U.S. history at that time, Enron was cited as the biggest audit failure.
Joe Dally Whitley is an American lawyer from Georgia who was the first General Counsel for the United States Department of Homeland Security. He works in private practice at Womble Bond Dickinson (US) LLP and has been named a Super Lawyer, listed in The Best Lawyers in America®, named a ‘’2019 Lawyer of the Year’’, is AV® Preeminent™ Peer Review Rated by Martindale-Hubbell, and listed in Chambers USA: America's Leading Business Lawyers.
Mark Robert Filip is an American lawyer specializing in class action and white collar criminal and regulatory defense. Formerly a partner at Skadden, Arps, he currently practices in the Washington, D.C. office of Kirkland and Ellis. From 2004 until 2008, Filip served as a United States district judge of the United States District Court for the Northern District of Illinois. As the George W. Bush administration ended, Filip served as Deputy Attorney General of the United States, and as the Barack Obama administration began he briefly served as acting attorney general.
Daniel M. Petrocelli is a partner at O’Melveny & Myers LLP and the Chair of the firm’s Trial Practice Committee. Petrocelli is known in part for his work in a 1997 wrongful death civil suit against O. J. Simpson, for representing Enron CEO Jeffrey Skilling, and for his leading role in defeating the US Department of Justice’s attempt to block the merger of AT&T and Time Warner.
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Andrew S. Boutros is an American lawyer, law professor, and former federal prosecutor best known for prosecuting corporate fraud and cybercrime cases. In 2015, the Federal Law Enforcement Officers Association honored him with the National Prosecutorial Award, and he was also elected to the American Law Institute the same year. He is the Regional Chair of Dechert LLP's White Collar practice, where he is resident in the firm's Chicago and DC offices.
Leslie Ragon Caldwell is an American attorney, who served as the Assistant Attorney General for the Criminal Division of the United States Department of Justice from 2014 to 2017. She has spent the majority of her professional career handling federal criminal cases, as both a prosecutor and as defense attorney. Caldwell served as an Assistant United States Attorney in the Eastern District of New York from 1987 to 1998, after which she was recruited by then US Attorney Robert Mueller to serve as Chief of the Criminal Division and Chief of the Securities Fraud Section of the United States Attorney's office for the Northern District of California; she served from 1999 to 2002. In September 2017, she became a partner at the law firm of Latham & Watkins, in San Francisco, CA. In late 2022, Caldwell retired from her partnership at Latham & Watkins.
Andrew A. Weissmann is an American attorney and professor. He was an Assistant United States Attorney from 1991 to 2002, when he prosecuted high-profile organized crime cases. He served as a lead prosecutor in Robert S. Mueller's Special Counsel's Office (2017–2019), as Chief of the Fraud Section in the Department of Justice (2015–2017) and is currently a professor at NYU Law School.
Anming Hu is a Chinese-Canadian academic who worked as an associate professor in the Department of Mechanical, Aerospace and Biomedical Engineering at the University of Tennessee, Knoxville (UTK) from 2013 to February 2020 when he was charged with fraud, after which UT suspended him.