Behind The Scenes

The Plot Was Engineered & Executed


ViewerA Short and To-the-Point Overview

A Short and To-the-Point Overview

ViewerCivil Versus Criminal Law - The Differences May Surprise You

Scalpel Versus Axe
The Civil Lawyers Were Shocked & Palefaced
The Result - An Un-Level Playing Field - And No Referee


ViewerThey Tried To - And Likely Did - Violate People's Constitutional Rights

Did They Listen to People's Phone Conversations? It Can't Be Proven, But Many Believe That Yes, They Did


ViewerThey Gagged Defense Witnesses by (1) Using the Grand Jury as a Weapon and (2) Creating a Lethal "Secret" List

Grand Jury = Indictment Factory
ViewerWhat It Was Like to Appear Before the Enron Grand Jury
They Used the Grand Jury for an Illegitimate Purpose: As a Weapon
The Secret List of "Unindicted Co-Conspirators"
The Result - No One Would Even Talk to the Defense
How the Gagging Tactic Worked in the Nigerian Barge Case
How the Gagging Tactic Crippled the Defense in the Lay/Skilling Case
How the Gagging Tactic Divided and Conquered - Even in the Midst of Tragedy
The Hero of the First Broadband Trial - Larry Ciscon
Hey David - We're Taking the Knife Away from Your Throat, But Remember that the Noose Is Still Around Your Neck
How the Gagging Tactic Played Out in the Lay/Skilling Trial - Well Enough, But the Jury Did Notice
Where Was Judge Lake?
"Unindicted Co-Conspirators" Was Not an Invention of the Enron Task Force - But They Took It to a New Level

ViewerThey Abused Their Power to Indict People

Robert Jackson Saw It Coming
Hi Honey - What Three Crimes Did You Commit Today?
Mother Teresa's Crimes
The "Bad Faith" Prosecutions - AKA The Enron Prosecutions

ViewerAnd For Good Measure, They Made the Indictments Incomprehensible

"It Is Getting Increasingly Common to Get Indicted And Not Know What You Did Wrong"
Hid Financial Information From the Public? On the Contrary...
"Embedded Losses" Is a Term That Was Invented for This Indictment
And Then There Was Arthur Andersen
ViewerLeslie’s Fourth Strategic Decision – Go for the Quick Kill

ViewerThey Kept Evidence That Was Favorable to the Defendants Away From the Defendants and Away From the Jury

Hiding the Good Stuff
Trick #1 - They Avoided Gathering Favorable Evidence - The Enron Task Force Never Talked to Ken Lay
Trick #1 - They Avoided Gathering Favorable Evidence - The Enron Task Force Never Talked to Jeff Skilling
Trick #1 - They Avoided Gathering Favorable Evidence - The Enron Task Force Never Talked to Jeff Skilling's Assistant
Trick #2 - When the Enron Task Force Did Talk With Someone, They Limited Their Ability to Speak - And Tried to Put Words In Their Mouths
Trick #3 - When Someone Did Say Something Favorable to the Defense, They Didn't Write It Down
Trick #4 - They "Lost" the Fastow Notes
Trick #5 - They Witheld Evidence Until It Was Too Late To Be Useful To the Defense
Trick #6 - They Permitted Destruction of Evidence That Would Have Helped the Defense
Trick #7 - They Claimed Exculpatory Evidence Didn’t Exist - When It Did and They Had It
Where Was the Judge?

ViewerThey Poisoned the Jury Pool - And the Judge Refused to Administer Antidote

The Well-Orchestrated Media Campaign
An Example of How They Manipulated Press Releases
Humiliating Public Theater
The Jury Questionnaires
There Are Remedies For Poisoned Jury Pools
Remedy #1 - Change of Venue
Remedy #2 - Individual Questioning of Prospective Jurors
The Defense Begged - The Judge Said No
The Result - A Poisoned Jury & At Least One Juror Who Should Not Have Been Selected (The Forewoman)
A Short Story About Jury Consultants
How the Enron Task Force Got Around the Rule about Not Talking to the Media - Or Did They?

ViewerThey Terrorized People Into Pleading & Flipping

Of Course the Prosecutors Got What They Wanted
Pleading Insanity
How Did We Get Such a Broken Plea Bargaining System? The Federal Sentencing Guidelines
How the Plea Bargain System Works
Truth is Perjury in Today's "Crude Conviction Machine"
Do You Think That You Would Never Plead Guilty to Something You Didn't Do? Consider...
Still Think That You Would Never Plead Guilty to Something You Didn't Do? How Much Money Do You Have?
In Legalese, It's Called "The Trial Penalty"
Only 4% of Americans Fight
The Enron Task Force Climbed the Ladder
Straight From the Enron Task Force Prosecutors' Mouths...
The "Dirty, Dark Secret of the Enron Trials"
The Torture & Psychology of Plea Bargains
How Plea Bargaining Played Out in the Lay/Skilling Trial
Examples of Enron Task Force "Flips"
The Day My Friend Mark Pled Guilty
ViewerJoannie's Story
The Enron Task Force's Biggest Coup: Rick Causey's Plea
Andy - Cooperate, Or We'll Indict Your Wife
Ben - Say What We Want You to Say, Or We'll Send You Back to Solitary Confinement
If Defense Attorneys Did What Prosecutors Do, They Would Be Indicted
Where Are the Judges? Willfully Blind...
But the Defense in the Lay/Skilling Trial Complained Loudly - Where Was Judge Lake?
Had the Enron Trials Been Held in the UK - A Barrister's Analysis
A Warning to UK Citizens - The UK Is Considering the Adoption of the US Plea Bargaining System

ViewerThey Presented False Testimony & Manufactured Evidence

They Presented False Testimony & Manufactured Evidence
Examples of Perjured Testimony at the Lay/Skilling Trial
ViewerJoannie's Story
Why Did Judge Lake Prohibit Testimony About Witness Intimidation?
Example of Manufactured Evidence in the Lay/Skilling Trial: The Infamous "Global Galactic"
Where Was Judge Lake When the Prosecution Presented Manufactured Evidence?
A Short Story About Andy Fastow's Character
Why Wouldn't Judge Lake Let the Defense Show the Indictment to the Jury?

ViewerIn the Lay/Skilling Trial, It Sure Looked as Though Judge Lake Was Helping the Prosecution Until the Bitter End

Judge Lake Kept the Jury from Seeing the Indictment Until They Went Back to Deliberate
Based on Judge Lake's Jury Instructions, Even You Would Have Been Found Guilty
Judge Lake's Gift to the Enron Task Force: The Willful Blindness Instruction
What is the "Willful Blindness" Instruction?
What's Dangerous about the Willful Blindness Instruction?
What Happened to "Mens Rea" (Intent)?
Jury Instructions

ViewerThey Rewarded Their Cooperating Witnesses with Meager Sentences

They Rewarded Their Cooperating Witnesses with Meager Sentences
I Lost Money - Someone Must Pay