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Tue, Dec 02 2008 

Published May 22, 2006 11:49 am -

Lay expecting another trip to witness stand


Associated Press

HOUSTON (AP) — Enron founder Kenneth Lay and prosecutor John Hueston get to confront each other again with Lay planning to return to the witness stand as early as Monday at his bank fraud trial.

“I had so much fun before, I’m going to do it again,” Lay said. “I’m happy to do so.”

Lay spent six days on the stand, many of them contentious as he was cross-examined by Hueston, at the fraud and conspiracy trial where he is a co-defendant with former Enron Chief Executive Jeffrey Skilling. The jury in that four-month-long case began deliberations Wednesday on six counts against Lay and 28 against Skilling.

The bank fraud trial, which is related to Lay’s personal banking, began the following day and is being heard without a jury before U.S. District Judge Sim Lake.

Lay is charged with four counts — one of bank fraud and three of making false statements.

Prosecutors anticipated finishing by midday Monday.

Lay’s lawyers said they planned to call three witnesses, including Lay, and be finished no later than Tuesday.

“I was leaving that totally up to my lawyers,” Lay said of his testimony. “They wanted me to take the stand, so it’s fine.”

Prosecutors allege that beginning in 1999, Lay obtained $75 million in loans from three banks — Bank of America, Chase Bank of Texas and Compass Bank — and then reneged on an agreement with the lenders that he wouldn’t use the money to carry or buy stock. Under federal rules adopted after the 1929 stock market crash, only 50 percent of a loan can be used to buy margin stock, generally defined as a stock listed on a national securities exchange and most mutual funds.

Lay used his Enron stock as collateral for the loans. Lenders issued margin calls as Enron’s share price fell throughout 2001, which he said prompted him to tap the company for cash and repay the energy giant with Enron stock.

Lay signed documents agreeing to the 50-percent rule, but violated the regulation repeatedly, the government says. Conviction on each of the four charges carries up to a 30-year prison term. Lake has said he won’t announce his verdict in the case until the jury has announces its verdict in the larger case.

Lay’s lawyers last week questioned the legitimacy of the bank documents containing the loan terms by suggesting the loan agreements actually were signed by an automatic signature device in Lay’s office and not by him.

Lay had no motive to violate rules, had collateral to back up the loans, paid them in full and would have complied with rules if he had known there was a problem, Lay attorney Ken Carroll said.

Government witnesses have testiified Lay was a sophisticated investor who made his own decisions on investments. James Shelton, who from 1993 to 1998 was Lay’s private banker at what is now Bank of America, testified he repeatedly advised Lay about the 50-percent rule.

The banking case originally was part of the July 2004 conspiracy indictment against Lay. But Lake, ruling in October 2004 on a request by Lay to have his entire case heard separately from Skilling, said only that the four counts would be tried separately.



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