Enroncase was one of the largest and infamous fraud scandals in history.From the investigations presented by the prosecutors, it is evidentthat the masterminds of the crime knew what they were doing. Duringthe 1990s, natural gas was one of the profitable ventures, especiallyin North America. Enron emerged as a result of merging betweenHouston Natural Gas and InterNorth led by the chief executiveofficer, Kenneth Lay (Linder, 2014). Enron was successful at thestart because it had managed to curb the competition brought by thefree market. The introduction of future contracts and long-termcontracts improved its profitability, and soon it became the fifthlargest company in the United States (U.S.). However, with time thecompetitors began imitating their strategies leading to shrinking inprofits. Jeffrey Skilling, the president of the corporation, saw thatthere was a need to diversify into other related ventures such asenergy trading, water, retail electricity and coal. The ventures werenot successful, and the company plummeted to losses in billions.Rather than telling the stakeholders that the ventures wereunsuccessful and the company was losing market share, they continuedto manipulate the financial statements through the chief financialofficer Andrew Fastow (Linder, 2014).
WhenEnron filed bankruptcy, the executives were charged with variouscriminal acts such as fraud, insider trading, and money laundering.The alleged crime that occurred in the case was the misrepresentationof the financial statements such that it gave a false impression ofthe affairs and health of the corporation (Linder, 2014). Theprosecution led by John Hueston presented evidence. He used theevidence that Skilling has lied regarding the issues in thecommunication and Energy Services ventures. Instead, he used LJMpartnerships that were off-the-book to manufacture earnings. Huestonalso used witness testimony by David Delainey on the movement ofmoney from the Energy Services to commercial units. The possibledefenses included the lack of paper trail which connected thedefendants with the activities and the prosecution’s use oftestimonies from witnesses who were part of the syndicate (Linder,2014).
Ladiesand Gentlemen, My name is (defense counsel). Together with my othercolleagues over this table, I am privileged and honored to representKenneth Lay. Lay is one of the notable owners of legitimatebusinesses in the corporate America. As you all know, the case beforeus has taken a vast duration of time to reach this extent because theprosecution does not have enough evidence to prosecute my client.Today am going to communicate the chronology of the case best.
Thiscase should not be taken as that of hear or see no evil, but ratherthat of no evil. Let me assume that some of you are not wellacquainted with the case before this court. We have to go back towhere all these malicious stories about my client started. Lay beganthe company from a very humble background. He was the son of MissouriBaptist preacher these mean that Lay was brought up in a healthyChristian environment where morality and ethical conduct wasparamount. When he started the company through merger andacquisition, Lay was acting in the best interest of the shareholdersand himself being the owner. Enron collapse was predetermined by thecollusion between the media and short sellers in the market who wereenvious of the development and threat posed by Enron on theircorporations. The prosecution would try to mislead you by painting myMr. Lay as a criminal. I know for sure that the prosecutor wouldpresent witnesses that have been trained and threatened about theirlives, children, and family. There is no reason that Lay would sellthe shares of his company with the knowledge that Enron was in a badhealth. I now lay my client in your hands having proven my point thathe is not guilty of the offense.
Ladiesand Gentlemen of the distinguished jury, my name is (prosecutor), andI am the lead prosecutor in this case. It is my humble privilege torepresent the people of Houston who have been affected by the actionsof the defendants. Kenneth Lay, being the owner of the Enronconspired with the various management officers such as the CEO andCOO to defraud the people of Houston of their hard earned income. Atthe end of this case, I will ask you, the Jury, to find the defendantguilty of his activities.
Asthe prosecution, we have lined up a witness who is going to give youthe accurate picture of the private events that were going on inEnron without the approval of the shareholders. I believe this is asimple case and not of accounting errors as purported by thedefendant. There was intent to defraud the public, as evident by the$200 million losses moved from Energy Services to the wholesale unitunder the pretense of efficiency reasons. Moreover, the presidentconsented to the movement by signing the documents. Since most of thepeople had invested in Enron, the conspiracy has affected their lifesavings, and some have been forced to postpone their retirementbecause the likes of Lay have enriched themselves with theirearnings. I know that the defense will point out that the witnesswere former employees of Enron. I would like to insist that thewitnesses worked under them and did as they were told. They aretrying their best to help in apprehending their bosses. I would likeyou to find the defendant guilty of the conspiracy.
Defenseattorney’s job is diverse in nature. One can work in the insurance,banks, children, government and nongovernmental organizations. It iseither part or full time depending on the arrangements with theemployees. The job titles rely on the category of experience. Thereis Defender I, II, III and so forth. Defense attorneys in Georgiawould be required to maintain a connection with clients, monitorexpenses of the cases, filing lawsuits and ensuring the objective ismet. The educational qualifications range from undergraduate tograduate qualification. Applicants are required to possess JD or LLBwith Georgia State Bar license (Jobs.com, 2016). Additionalqualifications include being a current member in good standing withthe Georgia State Bar, and a minimum of three years’ experience.The annual salary ranges between $60, 000 and $110, 000.
Jobs.com.(2016). Circuit Public Defender. Retrieved December 20, 2016, fromhttp://jobinfo.jobs.com/ab22bf55-0958-4b03-b19a-f3a90a162153
Linder,D. (2014). TheEnron Trial: An Account.Law2.umkc.edu.Retrieved 19 December 2016, fromhttp://law2.umkc.edu/faculty/projects/ftrials/enron/enronaccount.html