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House Panel: Whereabouts of Enron's Lay a Mystery
Mon Feb 4, 9:49 PM ET
By Kevin Drawbaugh

WASHINGTON (Reuters) - A congressional committee trying to serve a subpoena
on former Enron Corp. Chairman Kenneth Lay said on Monday his personal
attorney does not know where Lay is and could not accept the subpoena.




"We made contact with Mr. Lay's attorney this afternoon ... He tells us he
does not know of Lay's whereabouts, which we find quite puzzling to say the
least," said Peggy Peterson, spokeswoman for the House of Representatives
Financial Services Committee.

Earl Silbert, Lay's attorney, was unavailable for comment. A woman answering
the phone at his home said he was ill.

Lay resigned from the board of the fallen energy trading giant on Monday as
two congressional committees vowed to force him to come before them to
testify on Enron's collapse.

He had been scheduled to appear before a House Financial Services
subcommittee to talk about Enron's downfall, but he backed out over the
weekend.

The House committee had hoped to subpoena him on Monday to compel him to
appear on Tuesday, Peterson said.

But upon contacting Silbert, she said, "He told us he doesn't know where he
(Lay) is and so could not accept the subpoena ... This is a bizarre
situation."

She said, "We're going to keep talking to the attorney."

Lay had also been scheduled to appear before a Senate committee on Monday,
but canceled that date, as well.

Lay resigned as chairman and chief executive of Houston-based Enron on Jan.
23. On Monday, he issued a statement saying he was also stepping down from
the board.

"I want to see Enron survive and successfully emerge from reorganization," he
said in the statement. "Due to the multiple inquiries and investigations,
some of which are focused on me personally, I believe that my involvement has
become a distraction to achieving this goal."

His testimony to Senate and House panels had been expected to be a highlight
of four days of hearings into the crumbling of the one-time Wall Street
darling, the largest company to file for bankruptcy in U.S. history. But Lay
canceled, with his lawyer citing a "prosecutorial" atmosphere.

Senate Commerce Committee Chairman Ernest Hollings, a South Carolina
Democrat, said the committee would meet on Tuesday to issue a subpoena to
make Lay testify on Feb. 12.

However, even if he appears, Lay can invoke his right not to testify against
himself, committee members said.

With a criminal inquiry into Enron's demise under way at the Justice
Department and fresh revelations emerging daily of wildly irregular practices
at the company, an increasing number of witnesses were refusing to testify
before Congress.

Ousted Enron Chief Financial Officer Andrew Fastow and former Enron executive
Michael Kopper were expected to appear before a House Energy and Commerce
Committee panel on Thursday, but to invoke their right not to testify against
themselves.




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