Fastow sent down for six years over Enron collapse
Disgraced former Enron chief financial officer Andrew Fastow was yesterday sentenced to six years in prison for overseeing fraudulent off-balance-sheet dealings that brought down the company and made him millions.
But the judge in Houston, Texas, Ken Hoyt, did not hand down the maximum 10-year term on the grounds that Fastow had shown remorse and co-operated with government officials.
In 2004, Fastow had agreed to serve as long as 10 years in exchange for testifying against the former top executives of the energy company, which has now become synonymous with corporate accounting scandals and fraud.
Evidence provided by Fastow helped secure the convictions for conspiracy and fraud of Enron's founder, Kenneth Lay, and the former chief executive Jeffrey Skilling. Hoyt described Fastow as having been “drunk on the wine of greed” but acknowledged that the former chief financial officer had demonstrated remorse by fully co-operating with government and civil lawyers in lawsuits against Enron.
“These factors call for mercy,” the judge said. Fastow has accused 10 leading investment banks of helping Enron falsify its accounts in return for lucrative advisory fees.
The accusations are made in a 24-page legal declaration filed by Fastow in support of a class action lawsuit against the banks brought on behalf of Enron’s shareholders.
In his statement, Fastow said he viewed the banks as well-paid “problem-solvers” who knowingly helped Enron create fictitious financial structures that made Enron appear far more profitable than it really was.
Attorneys for Enron shareholders, led by Lerach Coughlin, have already won $8 billion in settlements from a group of banks that includes Citigroup, Bank of America and JP Morgan.
Fastow was originally charged with 78 counts of fraud, conspiracy and money laundering, with 31 counts added later. As the sentence was announced in court, Fastow hugged his wife and was immediately taken away by officers. He will be sent to a low-security prison in Bastrop, Texas. When he is released he will be under a two-year supervision order.
Only users who have a paid subscription or are part of a corporate subscription are able to print or copy content.
To access these options, along with all other subscription benefits, please contact info@risk.net or view our subscription options here: http://subscriptions.risk.net/subscribe
You are currently unable to print this content. Please contact info@risk.net to find out more.
You are currently unable to copy this content. Please contact info@risk.net to find out more.
Copyright Infopro Digital Limited. All rights reserved.
As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (point 2.4), printing is limited to a single copy.
If you would like to purchase additional rights please email info@risk.net
Copyright Infopro Digital Limited. All rights reserved.
You may share this content using our article tools. As outlined in our terms and conditions, https://www.infopro-digital.com/terms-and-conditions/subscriptions/ (clause 2.4), an Authorised User may only make one copy of the materials for their own personal use. You must also comply with the restrictions in clause 2.5.
If you would like to purchase additional rights please email info@risk.net
More on Regulation
Regis-TR and the Emir Refit blame game
Reporting overhaul was marred by problems at repositories, prompting calls to stagger future go-live dates
Iosco pre-hedging review: more RFQs than answers
Latest proposals leave observers weighing new clampdown on pre-hedging
FCMs welcome CFTC margin rule ring-fencing clarification
Final rule on separate accounts replicates no-action relief as Republicans strip out gold plate
Stuck in the middle with EU: dealers clash over FRTB timing
Largest banks want Commission to delay implementation, but it’s not the legislator’s only option
Treasury clearing timeline ‘too aggressive’ says BofA rates head
Sifma gears up for extension talks with incoming SEC and Treasury officials
Rostin Behnam’s unfinished business
Next CFTC chair must finish the work Behnam started on crypto regulation and conflicts of interest
European Commission in ‘listening mode’ on potential FRTB changes
Delay or relief measures on the table after UK postpones start of Basel III to 2027
Australian FRTB projects slow down amid scheduling uncertainty
Market risk experts think Apra might soften NMRF regime to spur internal model adoption