Enron's Snakes Finally Snared

Andrew Cohen: Slick-Talking Ken Lay And Jeffrey Skilling Ran Out Of Tricks

(CBS) 

Fastow, who was the instrument of the fraud at Enron, will end up spending far less time in prison than either Lay or Skilling despite the fact that he was more intricately involved in the corruption at Enron than anyone else. Team Fastow made the decision to cut and run. Teams Lay and Skilling made decisions to stand and fight. Turns out Fastow made the right call and Lay and Skilling did not. They may have to spend the rest of their lives in prison thinking about that choice.

The next big chapter in this saga will be sentencing day, scheduled to take place on Sept. 11, the fifth anniversary of the terror attacks on America. There is no doubt, absolutely no doubt, that the two men will end up serving lengthy prison sentences unless these convictions are overturned on appeal.

Lay, in particular given his age, now faces the equivalent of a life sentence. Even if he does not get the maximum sentence from the trial judge, Skilling, too, could end up with a prison sentence that keeps him in a federal penitentiary until people have nearly forgotten his name.

There will likely be a big fight at sentencing over whether the men ought to be allowed to remain free pending their appeal. Prosecutors will contend that the men should be sent to prison even as they pursue their legal appeals. Defense attorneys will contend that the men are not threats to their communities or flight risks and thus should remain free on bond pending the resolution of their appeals. And the trial judge will have to decide.

It's a close call, especially when you consider that the appeal here could take a year or two.

The pair does have some decent issues to raise on appeal. In spite of the venue of the trial, and even though potential jurors had some awful things to say about Lay and Skilling, U.S. District Judge Sim Lake blasted through jury selection in a little more than a day. And Judge Lake also gave jurors an instruction about "willful ignorance" that arguably lowered the government's burden of proof against the two men.

There are a number of other, more technical arguments, too, that we are likely to see on appeal. The trial may be over. But the case will live on for years.

For Houston, though, the worst is over. The jury chosen almost in the shadow of Enron's former corporate headquarters spoke today for all the men and women of Enron who didn't engage in fraud, or otherwise cook the books, or otherwise act with recklessness and negligence. It spoke for the employees who kept investing in their own company at Lay's urging, or who didn't sell in time like Skilling, and who thus lost their pensions, their savings, their nest eggs.

It spoke for all the men and women around the world who invested in the company — who believed all the slick talk from the snake-oil salesmen — and who lost their bundles.

In the end, Enron failed because it could not support the financial fantasy it had created for itself. In the end, Lay and Skilling failed because they could not convince jurors to join them in the defense fantasy that Enron's apple wasn't rotten to its core. It was — and it's not just today's verdict that says so.