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SEC Asks Court to Enforce Subpoena on Former Enron
CEO By Carrie Johnson The Securities and Exchange Commission today sued former Enron Corp. chief
executive Kenneth L. Lay, seeking to force him to turn over documents related to
his tenure at the Houston energy trading firm. SEC lawyers and federal prosecutors at the Enron Task Force have been
investigating a long-running fraud at Enron since shortly after the company
filed for bankruptcy protection in late 2001. Investigators already have charged
other former Enron executives and bankers with improperly inflating the
company's revenues and hiding debt while personally profiting from the fraud.
Former chief financial officer Andrew S. Fastow is scheduled to go to trial next
year on dozens of fraud and money laundering charges. But Lay and former chief executive Jeffrey K. Skilling have not been charged
with a crime. Investigators have called before a Houston grand jury several
witnesses, including Lay's children, to testify about his sales of Enron stock.
Lay has repeatedly denied wrongdoing through his lawyers. Today's lawsuit, filed in the U.S. District Court for the District of
Columbia, seeks to compel Lay to hand over speeches, memos, position papers and
other documents his lawyers argue would compromise his Fifth Amendment rights
against self-incrimination. The SEC maintains, however, that the papers are business records owned by
Enron and therefore are not subject to constitutional protections claimed by
Lay. Lay invoked the Fifth Amendment in an interview with SEC lawyers last year,
according to court papers. Neither Lay nor his attorney could be reached for
comment immediately.
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